Allowed

Shivanand S/O Shrishail Pattanashetti v. Secretary

Karnataka HC16 Apr 2024WP/102021/2024

Case brief

AI extract

What is this about?

A writ petition filed by land owners seeking mandatory direction to issue final notification and pass an award for compensation under the Land Acquisition Act, 2013. The High Court allowed the petition, directing relevant respondent officers to issue notification and award within three months.

What did the court decide?

Directed Respondents 4, 6, and 7 to issue final notification within three months and pass determination of reasonable compensation within three months thereafter.

Shivanand S/O Shrishail Pattanashetti Vs Secretary — Land Acquisition | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:6429 WP No. 102021 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 16^TH DAY OF APRIL, 2024

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BEFORE

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THE HON'BLE MRS. JUSTICE M.G.UMA

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WRIT PETITION NO.102021/2024(LA-RES)

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BETWEEN:

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SHIVANAND S/O. SHRISHAIL PATTANASHETTI, AGE: 41 YEARS, OCC: AGRICULTURE, R/O: GALAGALI, TQ: BILAGI, DIST: BAGALKOT – 587 116.

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SIDRAMAPPA S/O. MALAPPA SHAMBOJI, AGE: 76, OCC: AGRI, R/O: GANI ROAD, GALAGALI, TQ: BILIGI, DIST: BAGALKOT – 587 116.

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IRANAGOUDA ALIAS S/O. MALAPPA SHAMBOJI, AGE: 61 YEARS, OCC: AGRI, R/O: GANI ROAD, GALAGALI, TQ: BILAGI, DIST: BAGALKOT – 587 116.

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Digitally signed by MANJANNA E Location: High Court of Karnataka

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DAYANAND S/O. IRAYYA STAVARAMATH, AGE: 44 YEARS, OCC: AGRI, R/O: GALAGALI, TQ: BILAGI, DIST: BAGALKOT – 587 116.

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…PETITIONERS

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(BY SMT. VIDYAVATI M. KOTTURSHETTAR, ADVOCATE)

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AND:

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THE SECRETARY, GOVERNMENT OF KARNATAKA, FINANCE DEPARTMENT, VIDHANA SOUDHA, BENGALURU – 560 001.

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THE PRINCIPAL SECRETARY, GOVERNMENT OF KARNATAKA, DEPARTMENT OF IRRIGATION, VIKAS SOUDHA, BENGALORE – 560 001.

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THE PRINCIPAL SECRETARY, GOVERNMENT OF KARNATAKA, DEPARTMENT OF REVENUE, MULTISTORIED BUILDING, BENGALORE-560001.

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THE COMMISSIONER, EX-OFFICIO SECRETARY, GOVERNMENT OF KARNATAKA, REHABILITATION AND RECONSTRUCTION, UPPER KRISHNA PROJECT, NAVANAGAR, BAGALKOTE – 587 103.

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THE MANAGING DIRECTOR, KRISHNA BHAGYA JALA NIGAM (KBJNL) PWD OFFICE, 3^RD FLOOR, K.R. CIRCLE, BENGALURU – 560 001.

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THE SPL. DEPUTY COMMISSIONER, UPPER KRISHNA PROJECT, NAVANAGAR, BAGALAKOTE – 587 103.

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THE SPL. LAND ACQUISITION OFFICER, UPPER KRISHNA PROJECT, NAVANAGAR, BAGALKOTE – 587 103.

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…RESPONDENTS

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(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1 TO R4, R6 AND R7;

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SRI CHETAN MUNNOLI, ADVOCATE FOR R5)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 PRAYING TO, ISSUE A WRIT OF MANDAMUS AND DIRECT THE RESPONDENTS TO ISSUE FINAL NOTIFICATION AND PASS AN AWARD FORTHWITH AND PAY THE COMPENSATION TO THE PETITIONERS. ISSUE A WRIT IN THE NATURE OF MANDAMUS KINDLY BE DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED

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3 - NC: 2024:KHC-D:6429 WP No. 102021 of 2024

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26.02.2024 TO RESPONDENT NO.1 VIDE ANNEXURE-D, RESPONDENT NO. 2 VIDE ANNEXURE-E, RESPONDENT NO. 3 VIDE ANNEXURE-F, RESPONDENT NO.4 VIDE ANNEXURE-G, RESPONDENT NO. 5 VIDE ANNEXURE-H, RESPONDENT NO. 6 VIDE ANNEXURE-J AND RESPONDENT NO. 7 VIDE ANNEXURE-K, AND DIRECT THE RESPONDENTS TO ISSUE FINAL NOTIFICATION U/S 19 OF THE ACT, 2013 AND PASS AN AWARD AND PAY THE COMPENSATION WITHIN ONE MONTH TO THE PETITIONERS AND PASS AN AWARD AND PAY THE COMPENSATION INSOFAR PETITIONERS IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners are seeking issuance of writ in the nature of mandamus directing the respondents to issue final notification and to consider the representations of the petitioners dated 26.02.2024 submitted to the respondents vide Annexures-D, E, F, G, H, J and K.

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Heard Smt.Vidyavati M.Kotturshettar, learned counsel for the petitioners, Smt.Kirtilata R.Patil, learned High Court Government Pleader for respondent Nos.1 to 4, 6 & 7 and Sri Chetan Munnoli, learned counsel for respondent No.5

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Learned counsel for the petitioners submits that, the petitioners are the owners of the land. The

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respondents intending to acquire the land for UKP project issued notification under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (“the Act, 2013” for short) as per Annexure-A on 07.10.2022. Pursuant to the notification, the name of the respondents came to be entered in the record of rights, restraining the petitioners from creating any third party rights. However, no further steps are taken and no final notification was issued. Thereafter, respondent No.4 extended time till 10.04.2024

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to publish the final notification as per Annexure-M. The respondents are not issuing the final notification nor passing the award to enable the petitioners to claim compensation. As per Section 25 of the Act 2013, the period within which the award is to be made is 12 months from the date of publication of the declaration under Section 19 of the Act, 2013. If no award is made within that period, the entire proceedings for acquisition of the land shall lapse.

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Learned High Court Government Pleader while

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admitting the facts narrated in the petition submitted that there is delay in issuing the final notification and passing of the award. However, if reasonable time is granted, final notification will be issued, award will be passed and compensation will be paid, in accordance with law. Accordingly, she prays for passing appropriate order.

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It is not in dispute that the petitioners are the owners of the land which was notified for acquisition for Upper Krishna project. Notification produced as per Annexure-A under Section 11 of the Act, 2013 was passed on 07.10.2022. It is also not in dispute that final notification was not issued and the award is also not passed till today. As per Section 19 of the Act, 2013 after publication of declaration and summary of rehabilitation and settlement, when the property is required for public purpose, the final notification is to be published as per Section 25 of the Act, 2013. The Collector shall make an award within a period of 12 months from the date of such

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publication of declaration under Section 19 of the Act, 2013. If no such award is made within a period of 12 months, the entire proceedings for acquisition of the land shall lapse. There cannot be any justification for the respondents for not issuing the final notification and not passing the award, when the notification under Section 11 of the Act, 2013 was published on 07.10.2022. However, the petitioners are not seeking the declaration that the entire proceedings for acquisition of the land has already lapsed. The prayer is for issuance of writ in the nature of mandamus directing the respondents to pass award forthwith and to pay reasonable compensation.

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The materials on record also disclose that the petitioners have submitted various representations to all the respondents, but it has not given any relief to the petitioners. Therefore I am of the opinion that the petitioners are entitled for the relief as claimed. Hence, the

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petition is liable to be allowed. Accordingly, I proceed to pass the following:

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7 - NC: 2024:KHC-D:6429 WP No. 102021 of 2024

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ORDER

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The writ petition is allowed.

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Respondent Nos.4, 6 and 7 are directed to issue final notification within three months from the date of receipt of copy of this order and pass award determining the reasonable compensation payable to the petitioners, in accordance with law, within three months from the date of issuing the final notification. Failing which, the petitioners are entitled to take further action in the matter.

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SD/JUDGE

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MBS/CT-ASC List No.: 1 Sl No.: 0

Shivanand S/O Shrishail Pattanashetti v. Secretary

Case brief

What is this about?

What did the court decide?

Shivanand S/O Shrishail Pattanashetti v. Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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