Dismissed

Mr. Arthur J. Pereira v. the Land Acquisition Officer

Karnataka HC6 Jul 2022WP/6661/2016

Case brief

AI extract

What is this about?

Petitioner challenged acquisition proceedings under the Land Acquisition Act, 1894 and sought compensation calculations under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Court directed deposit of award amount and left enhancement claims open for pending appeals.

What did the court decide?

Respondent No.1 directed to deposit award amount with applicable interest within 8 weeks.

Mr. Arthur J. Pereira Vs the Land Acquisition Officer — Land Acquisition | Karnataka HC (2022)

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WP No. 6661 of 2016

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF JULY, 2022

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.6661 OF 2016 (LA-RES)

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BETWEEN:

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MR. ARTHUR J. PEREIRA S/O LATE THOMAS PEREIRA AGED ABOUT 58 YEARS RESIDING AT KARAMBAR BAJPE POST, MANGALORE TALUK-574 142

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…PETITIONER

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(BY MS. MAITREYI KRISHNAN, ADVOCATE FOR SRI. CLIFTON D. ROZARIO, ADVOCATE)

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AND:

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THE LAND ACQUISITION OFFICER AND THE ASSISTANT COMMISSIONER MANGALORE TALUK DAKSHINA KANNADA-575001

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AIRPORT AUTHORITY OF INDIA REPRESENTED BY ITS AIRPORT DIRECTOR MANGALORE INTERNATIONAL AIRPORT KENJAR POST, MANGALORE-574 142

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Digitally signed by POORNIMA SHIVANNA Location: HIGH COURT OF KARNATAKA

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(BY SRI. NITHYANANDA.K.R, AGA FOR R1; SRI. JOSHUA H. SAMUEL, ADVOCATE FOR R2)

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…RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE APPROPRIATE WRIT OR ORDER DECLARING THE ACQUISITION PROCEEDINGS INITIATED VIDE PRELIMINARY NOTIFICATION UNDER SECTION 4[1] VIDE NO.LAQ(1) CR 677/ 88-89 DATED 17.8.1989 VIDE ANNEXURE-J AND FINAL NOTIFICATION UNDER SECTION 6 VIDE NO.RD20AQA90 DATED 20.10.1990 VIDE ANNEXURE-K HAVE LAPSED AS FAR AS THE ONE ACRE OF LAND SITUATED IN SY.NO.23 OF MALAVOOR VILLAGE AND BELONGING TO THE PETITIONER IS CONCERNED IN TERMS OF SECTION 24[2] OF THE RIGHT TO FAIR COMPENSATION AND

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WP No. 6661 of 2016

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TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 AND ETC.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is before this Court seeking for the following reliefs:

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1. Issue appropriate writ or order declaring the acquisition proceedings initiated vide preliminary notification under section 4[1] vide No.LAQ(1) CR 677/ 88-89 dated 17.8.1989 vide Annexure-J and final notification under section 6 vide No.RD20AQA90 dated 20.10.1990 vide AnnexureK have lapsed as far as the one acre of land situated in Sy.No.23 of Malavoor Village and belonging to the petitioner is concerned in terms of section 24[2] of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

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2. Consequent to allowing prayer-1 to direct the Respondents to pay damages calculated at bank rate of interest on value of land determined at Rs.7000/- per cent in MFA No.4361/2011 as per Annexure-N from 30.4.1994 when possession was taken as per notification dtd.2.4.1994 LAQ:SR:3/89-90, 16-11-92/02-04-1994, Award No.5: 92-93 as per Annexure-L.

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2.A. Direct that compensation in regard to the land belonging to the Petitioner measuring on acer situated at Sy. No.23 of Malavoor Village, compensation be determined under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as on 11.03.2014.

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2.B. Direct that the Respondent No.1 pay the Petitioner damages for taking possession of the land without

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WP No. 6661 of 2016

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any authority from 30.04.1994 to 11.03.2014 at 15% of the enhanced market value.

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3. Any other order as this court deems fit and necessary.

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The petitioner claims to be the owner of Sy.No.23, Malavoor Village of Mangalore Taluk measuring 1 acre. The said land had been acquired under a Preliminary Notification dated 19.10.1989 under Section 4(1) of the Land Acquisition Act, 1894.

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The contention of the petitioner is that no award having been passed and possession not having been taken over, the acquisition is bad.

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In view of the judgment of the Apex Court in the case of Indore Development Authority vs. Manoharlal reported in (2020) 8 SCC 129 , learned counsel for the petitioner does not press prayer No.1. In view of the same, what remains for consideration is as regards the compensation payable.

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WP No. 6661 of 2016

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The learned counsel for the petitioner fairly submits that on a reference being filed, aggrieved by the order passed by the Reference Court, MFA No.5170/2020 is pending before this Court. That being so, I am of the considered opinion that prayer 2(a) and 2(b) would have to be considered by the Appellate Court in MFA No.5170/2020.

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The learned counsel for the petitioner submits that the award amount has not been deposited.

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Respondent No.1 is directed to deposit the award amount along with applicable interest within a period of 8 weeks from today, if not already deposited.

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All contentions are left open for the petitioner including any claim of the petitioner as regards enhancement of compensation on any grounds that may be available to the petitioner to be agitated in MFA No.5170/2020 including interest under Section

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WP No. 6661 of 2016

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9. Accordingly, Writ Petition stands disposed.

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