Writ petition filed claiming compensation for land acquired without notification. Respondent agreement to address grievance led to dismissal with three-month compliance time.
Respondents directed to address grievances in time bound manner; compliance within three months.
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WP No. 5207 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 5207 OF 2023 (LA-RES)
BETWEEN:
SHIVAPPA, S/O LATE CHIAKKAMADAIAH, AGED ABOUT 70 YEARS, R/O CHOKANAHALLY VILLAGE, BUKANAKERE HOBLI, KRISHNARAJAPET TALUK, MANDYA DISTRICT-571812. (SENIOR CITIZEN BENEFIT NOT CLAIMED) …PETITIONER
(BY SRI. DHANANJAYA V S., ADVOCATE)
AND:
Digitally signed by CHETAN B C Location: HIGH COURT OF KARNATAKA
WP No. 5207 of 2023
PANDAVAPURA SUB DIVISION AT PANDAVAPURA, MANDYA DISTRICT-571401.
…RESPONDENTS
(BY SRI. R. SRINIVASA GOWDA., AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO THE RESPONDENTS NO. 1 AND 2 TO SUBMIT THE PROPOSALS BEFORE THE RESPONDENTS NO. 3 AND 4 FOR THE PAYMENT OF ALL KINDS OF COMPENSATIONS TO THE PETITIONER IN RESPECT OF HIS LANDS, CROPS, TREES AND OTHER DAMAGES FROM THE DATE OF TAKING POSSESSION OF THE LANDS IN WHICH WITHOUT NOTIFICATION THE LANDS HAVE BEEN ACQUIRED AND POSSESSION WAS TAKEN AS PER THE ANNEXURE-B AND E ON DATED 04.12.2018 AND 21.12.2019 AND ETC.,
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The short grievance of the Petitioner is as to the nonconsideration of his representations dated 4.12.2018 & 21.12.2019, wherein he has sought for certain compensation in respect of the land in question. Learned AGA appearing for the respondents, oppose the Petition contending that where the damage as alleged has
happened or not is a disputed fact and therefore, Petitioner should be relegated to the ordinary Civil remedy. Having so contended, he now fairly agrees to instruct his client to look into the grievance of the Petitioner as aired in the subject representations, in accordance with law and in a time bound way. This is appreciable.
In view of the same, Writ Petition is disposed off,
time for compliance is three months, all contentions are kept open.
It is open to the answering Respondent to solicit any information/documents from the side of the Petitioner for due consideration of his Representation/s. However, in
the guise of such solicitation, no delay shall be brooked.
No costs.
cbc
Sd/JUDGE
2 issues framed by the court
Whether the petitioner is entitled to compensation for lands taken without notification for Panchayat Raj Engineering Department works.
Whether the respondents can be directed to consider the petitioner's representations regarding land acquisition compensation through a writ petition.
1 provisions across 1 enactments
SHIVAPPA, S/O LATE CHIAKKAMADAIAH
THE ASSISTANT EXECUTIVE ENGINEER. PANCHYAT RAJ ENGINEERING DEPARTMENT
THE EXECUTIVE EINGINEER, PANCHAYATH RAJ ENGINEERING DEPARTMENT
THE SPECIAL LAND ACQUISITION OFFICER AND ASSISTANT COMMISSIONER AT PANDAVAPURA
DEPUTY COMMISSIONER, MANDYA DISTRICT
PRINCIPAL SECRETARY, PANCHAYATH RAJ ENGINEERNG DEPARTMENT
KRISHNA S DIXIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
