Writ petition filed seeking mandamus to direct authorities to disburse compensation determined under Section 28(A) of KLA Act 1894. Court disposed petition, directed Respondent 3 to disburse within 10 weeks and pay interest.
Respondent No.3 to disburse compensation within 10 weeks; statutory interest under Section 34 to be extended.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF FEBRUARY 2021
BEFORE
THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
WRIT PETITION NO.2758/2020 (LA – RES)
BETWEEN:
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R/at Sunnaghatta Village, Honganuru Post, Channapttana Taluk, Ramanagara District – 562 160.
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R/at Church Road, 2nd Cross, No.2270/7, Channapattana Taluk, Ramanagara District – 562 160. ... Petitioners (By Sri.Pavanchandra Shetty H., Advocate)
AND:
…Respondents (By Sri.Y.D.Harsha, AGA for R1 to R3; Sri.Murthy Dayanand Naik, Advocate for R4)
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the respondent authorities to consider the petitioner representation made on 04.01.2020 produced as Annexure - A and A1. Since, land has been acquired for the benefit of R-4 Authority for formation of Satellite Town under Asia Development Project and etc.,
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This Writ Petition coming on for Preliminary Hearing in ‘B’ group , this day, the Court made the following:
ORDER
The petitioners have filed the present petition seeking for a writ in the nature of mandamus directing the respondent authority to consider the petitioners representations at Annexure-A and A1 dated 04.01.2020.
came to be passed under Section 28(A)(1) of Karnataka Land Acquisition Act, 1894 whereby the compensation was re-determined. The names of petitioner are found in the table at page 39 at Sl.Nos.1,2,3,4,5 and 7.
order under Section 28(A) of the Act being passed on 12.01.2016, compensation has not been disbursed till date.
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submits that necessary requisition will be made by respondent No.3 from the beneficiary as regards to the compensation amount payable to the petitioners.
Suffice it to say that is the internal matter between the respondent No.3 and the beneficiary as
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order under Section 28(A)(1) of the Act has already been passed in the year 2016.
at Annexure-A has also been made to consider other requests as regards to the entitlement of the petitioners in light of the delay in payment of compensation. As it is stated that the representations contains higher reliefs than the directions as contained in paragraph 4 above, the representation at Annexure-A to be considered by respondent No.2 or re-directed to the appropriate respondent to be considered in an appropriate manner in light of the other directions made in paragraph 4 above.
Accordingly, the said writ petition is disposed off.
The contention of the petitioners as regards entitlement for higher compensation in accordance with law is kept open.
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Respondent No.3 to take steps for disbursal within a period of 10 weeks from the date of release of this order, needless to state that statutory entitlement of interest for delayed payment in terms of Section 34 of the Land Acquisition Act, 1894 to be also extended.
Sd/JUDGE
NS
1 issue framed by the court
Whether respondent authorities are directed to consider representations regarding land acquisition compensation.
4 provisions across 3 enactments
Puttalingaiah
Rajasingh
Shivanna
Shankar S G.
Hussain Mehandi
Thayamma
S.Sunil Dutt Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
