Disposed

Hanumanthappa S/O.Ningappa Talawar @ Walikar v. the State of Karnataka

Karnataka HC1 Sept 2021WP/145811/2020

Case brief

AI extract

What is this about?

This writ petition sought a mandamus directing the State of Karnataka to issue a final notification under Section 17 of the Karnataka Slum Areas (Improvement and Clearance) Act, 1973, regarding compensation for specific land, following a recommendation from the Slum Board.

What did the court decide?

Directing the respondent Nos.1 and 3 to take appropriate steps pursuant to the notification dated 20.05.1992 and recommendation dated 11.09.2019 within four months of the order.

Hanumanthappa S/O.Ningappa Talawar @ Walikar Vs the State… — Land Acquisition | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 1^ST DAY OF SEPTEMBER, 2021

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BEFORE

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THE HON’BLE MR.JUSTICE S.R. KRISHNA KUMAR

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WRIT PETITION NO.145811/2020 (GM-RES)

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BETWEEN

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HANUMANTHAPPA S/O.NINGAPPA TALAWAR @ WALIKAR, SINCE DECEASED BY HIS LRS.

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CHANNABASAVVA

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W/O.LATE HANUMANTHAPPA TALAWAR @ WALIKAR, AGE : 73 YEARS, OCC : HOUSEHOLD WORK, R/O : BOMMAPUR, CHINDI ONI, HUBBALLI, TQ : HUBBALLI-580028, DIST : DHARWAD.

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YALLAMMA @ YALLAVVA W/O.MARUTI BAIRAPPANAVAR, AGE : 48 YEARS, OCC : HOUSEHOLD WORK, R/O : BOMMAPUR, CHINDI ONI, HUBBALLI, TQ : HUBBALLI-580028, DIST : DHARWAD.

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KASTURI @ KASTUREVVA W/O.HANUMANTHAPPA MANNAGI, AGE : 46 YEARS, OCC : HOUSEHOLD WORK, R/O : BOMMAPUR, CHINDI ONI, HUBBALLI, TQ : HUBBALLI-580028 DIST : DHARWAD.

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FAKKIRAMMA @ LAXMI W/O.MANJU @ MANJUNATH HEBSUR,

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AGE : 44 YEARS, OCC : HOUSEHOLD WORK,

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R/O : BOMMAPUR, CHINDI ONI, HUBBALLI, TQ : HUBBALLI-580028, DIST : DHARWAD.

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RAVI S/O.NINGAPPA TALAWAR @ WALIKAR, AGE-25 YEARS, OCC-BUSINESS, R/O.BOMMAPUR, CHINDI ONI, HUBBALLI, TQ-HUBBALLI-580 028, DIST-DHARWAD.

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KUMAR S/O.NINGAPPA TALAWAR @ WALIKAR, AGE : 29 YEARS, OCC : AGRICULTURE, R/O : BOMMAPUR, CHINDI ONI, HUBBALLI, TQ : HUBBALLI-580028, DIST : DHARWAD.

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ANNAPURNA W/O.NINGAPPA TALWAR @ WALIKAR, AGE : 42 YEARS, OCC : AGRICULTURE, R/O : BOMMAPUR, CHINDI ONI, HUBBALLI, TQ : HUBBALLI-580028, DIST : DHARWAD.

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PETITIONER NOs.1 TO 5 ARE REPRESENTTED BY THEIR GPA HOLDER I.E., PETITIONER NOs.6 AND 7. ...PETITIONERS (BY SRI S.A.SONDUR, ADVOCATE) AND :

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THE STATE OF KARNATAKA REPTD. BY ITS PRL.SECRETARY, DPT. OF HOUSING, M.S. BUILDING, DR.AMBEDKAR VEEDHI, BENGALURU-01.

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THE COMMISSIONER, KARNATAKA SLUM CLEARANCE BOARD, NO.55, ABHAYA COMPLEX, 3RD FLOOR, RISALDAR STREET,

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SESHADRIPURAM, BENAGALURU-560020.

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THE DEPUTY COMMISSIONER, OFFICE OF THE DEPUTY COMMISSIONER, DHARWAD-580 001.

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…RESPONDENTS

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(BY SRI V.S.KALASURMATH, HCGP FOR R-1 AND 3) (BY SRI RAVIRAJ C.PATIL, ADVOCATE FOR R-2)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS BY DIRECTING THE RESPONDENT NO.1 TO CONSIDER THE RECOMMENDATION DATED 11.09.2019 BRG.NO.KAKOAAMA/KAM-1/ R-3/11/201415/107 SENT BY THE RESPONDENT NO.2 AND TO PASS APPROPRIATE ORDER VIDE ANNEXURE-K AND ISSUE AN APPROPRIATE DIRECTION BY DIRECTING THE RESPONDENT NO.1 TO RECOMMEND TO PASS APPROPRIATE ORDERS IN ISSUING FINAL NOTIFICATION UNDER SECTION 17 OF THE KARNATAKA SLUM AREAS (IMPROVEMENT AND CLEARANCE) ACT, 1973 BY ACQUIRING AND GRANTING COMPENSATION IN RESPECT OF LAND BRG.SVY.NO.37/3A TO AN EXTENT OF 6 ACRES 18 GUNTAS 15 ANNAS SITUATED AT AYODHYA VILLAGE, HUBBALLI, TQ:HUBBALLI DIST:DHARWAD.

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THIS PETITION COMING ON FOR HEARING INTERLOCUTORY APPLICATION, THIS DAY, THE COURT, MADE THE FOLLOWING:

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ORDER

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In this writ petition, the petitioners have sought for the following reliefs:

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A. Issue a writ in the nature of mandamus by directing the respondent No.1 to consider the recommendation dated 11.09.2019 bearing No. KaKoAaMa/Kam-1/R-3/11/2014-15/107 sent by respondent No.2 and to pass appropriate order vide Annexure-K.

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B. Issue an appropriate direction by directing the respondent No.1 to recommend to pass appropriate orders in issuing final notification under section 17 of the Karnataka Slum Areas (Improvement and Clearance) Act, 1973 by acquiring and granting compensation in respect of land Brg.Svy.No.37/3a to an extent of 6 acres 18 guntas 15 annas situated at Ayodhya village, Hubballi, Tq. :Hubballi, Dist:Dharwad.

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Heard learned counsel for the petitioners and

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learned HCGP for the respondent Nos.1 and 3 and learned counsel for respondent No.2. Perused the material on record.

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In addition to reiterating the various contentions

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put forth in the memorandum of writ petition and referring to the documents produced by the petitioners, learned counsel for petitioners submits that despite notification under Section 3 of the Karnataka Slum Areas (Improvement and Clearance) Act, 1973 (for short, the Act, 1973) having been issued as long back as on 20.05.1992 and the 2^nd respondent-Karnataka Slum Board having made recommendation at Annexure-K dated 11.09.2019 to the 1^st respondent, respondent Nos.1 and 3 have not taken any steps to issue notification under Section 17 of the Act, 1973 so far nor have taken any further steps in that regard, as such, the petitioners are before this Court by way of the present petition.

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Per contra , learned HCGP on behalf of respondent Nos.1 and 3 submits that respondent No.1 would take appropriate steps pursuant to the notification dated 20.05.1992 issued under Section 3 of the Act, 1973 as well as the aforesaid recommendation at Annexure-K dated 11.09.2019 and pass

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appropriate orders in accordance with law. The submission of the learned HCGP is placed on record.

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In view of the aforesaid facts and circumstances, I

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deem it just and appropriate to dispose off this writ petition directing the respondent Nos.1 and 3 to take appropriate steps pursuant to the notification dated 20.05.1992 as well as Annexure-K dated 11.09.2019 issued by the 2^nd respondent to respondent No.1 within a period of four months from the date of receipt of a copy of this order.

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Subject to the aforesaid directions, writ petition stands disposed off.

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Sd/JUDGE

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CKK

Hanumanthappa S/O.Ningappa Talawar @ Walikar v. the State of Karnataka

Case brief

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Hanumanthappa S/O.Ningappa Talawar @ Walikar v. the State of Karnataka

Case brief

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What did the court decide?

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