Allowed

The Executive Engineer (Ele.) v. the Deputy Commissioner

Karnataka HC7 Dec 2022WP/120402/2020

Case brief

AI extract

What is this about?

The High Court of Karnataka quashed an impugned land acquisition award because the beneficiary was not arrayed as a party in reference proceedings, contrary to the Land Acquisition Act. The matter was remitted to implead the beneficiary and decide afresh.

What did the court decide?

The impugned award is quashed. The reference Court is directed to implead the beneficiary and dispose of the proceedings within six months.

The Executive Engineer (Ele.) Vs the Deputy Commissioner — Land Acquisition | Karnataka HC (2022)

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WP No. 120402 of 2020

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 7^TH DAY OF DECEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA

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WRIT PETITION NO. 120402 OF 2020 (LA-RES)

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BETWEEN:

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THE EXECUTIVE ENGINEER (ELE.) T.L. & S.S. DIVN. KARNATAKA POWER TRANSMISSION CORPORATION LTD, BELGAVI-590010.

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THE EXECUTIVE ENGINEER (ELE), MAJOR WORKS DIVN, KARNATAKA POWER TRANSMISSION CORPORATION LTD, BELAGAVI-590010.

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… PETITIONERS

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(BY SRI. B S KAMATE, ADVOCATE)

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AND:

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THE DEPUTY COMMISSIONER, BELAGAVI-590010 DIST: BELAGAVI.

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THE SPECIAL LAND ACQUSITION OFFICER, & THE ASST. COMMISSIONER, BAILHONGAL, DIST: BELAGAVI-591102.

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SRI. CHANDRAKANT VERAPPA MUTNAL, AGE: 59 YEARS OCC: AGRICULTURE R/O: KATKOL TQ: RAMDURG-591123 DIST: BELAGAVI.

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… RESPONDENTS (BY SRI. SHIVAPRABHU HIREMATH, AGA FOR R1 & R2; SRI. M.B. HIREMATH, ADVOCATE FOR R3; SRI. A.S. PATIL & B.A. DANAWADE, ADVOCATES FOR R3)

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WP No. 120402 of 2020

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION, QUASHING THE IMPUGNED JUDGMENT AND AWARD DATED 27.04.2019 PASSED BY THE I ADDL. DISTRICT JUDGE,BELAGAVI IN LAC. NO.527/2017 PRODUCED AT ANNEXURESE & F.

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THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Learned AGA accepts notice for respondent

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Nos.1 & 2.

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The beneficiary is before this Court challenging the award made by the reference Court in LAC No.527/2017 on the ground that it had not been arrayed as a respondent, though the provisions of the Land Acquisition Act stipulated the beneficiary should also be made as a party to the reference proceedings.

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The Constitution Bench of the Hon’ble Supreme Court in the case of U.P. AWAS EVAM VIKAS PARISHAD

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VS. GYAN DEVI (DEAD) BY L.RS. AND ANOTHER reported

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in AIR 1995 SC 724 , has held that the beneficiary would

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WP No. 120402 of 2020

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have to be necessarily be made as a party since the onus

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of paying the compensation is on the beneficiary.

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In that view of the matter, the impugned award cannot be sustained and the same is quashed. The matter is remitted to the reference Court with a direction to the reference Court to implead the beneficiary and decide the matter afresh.

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Since all the parties are represented by the counsel in this writ petition, the beneficiary is directed to be present before the reference Court on 17.01.2023 to take further instruction.

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The reference Court shall disposed off the reference proceedings within a period of six months.

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The writ petition is accordingly allowed.

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sd JUDGE

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Vnp*

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List No.: 1 Sl No.: 58

The Executive Engineer (Ele.) v. the Deputy Commissioner

Case brief

What is this about?

What did the court decide?

The Executive Engineer (Ele.) v. the Deputy Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

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