Shri. Abbas Nabisab Mulla Vs the Special Land Acquisition Officer

THE KARNATAKA NEERAVARI NIGAM NIYAMIT HBC PROJECT, RR DIVISION, HIPPARAGI, REPRESENTED BY ITS EXECUTIVE ENGINEER, HIPPARAGI PROJECT, ATHANI-591304, DIST: BELAGAVI.

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…RESPONDENTS

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(BY SRI. M.M. KHANNUR., AGA FOR R1; SRI. SHIVARAJ C. BELLAKKI., ADVOCATE FOR R2)

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2 - NC: 2025:KHC-D:3542 WP No. 107627 of 2017

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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, ORDER OR DIRECTION QUASHING THE ORDER DATED:24.01.2013 PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, ATHANI IN EP.NO.78/2006 PRODUCED AT ANNEXURE-E AND ETC.

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THIS WRIT PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

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The petitioners are before this Court seeking for the following reliefs:

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i. Issue a writ in the nature of certiorari or any other writ, order or direction quashing the order dated 24.01.2013 passed by the Additional Senior Civil Judge & JMFC Athani in EP No.78/2006 produced at Annexure-E;

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ii. Grant any other relief’s the petitioners are found entitled to under the circumstances of the case.

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The petitioner's father was the owner of the land in RS No.21/5 of Awarkod Village, Athani Taluka, the respondent No.1 acquired the said lands. As regard to compensation a reference was made in LAC No.54 of 2005, where award was passed on 20.3.2006 enhancing the compensation paid.

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3 - NC: 2025:KHC-D:3542 WP No. 107627 of 2017

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The compensation amount being deposited was directed to be released in favour of the petitioner's father, since the remaining amounts were not paid the petitioner sought for a warrant to be issued for recovery of the amounts, which was so issued. Challenging the same, the respondent filed a writ petition in WP No.60353 of 2010 which came to disposed by this Court vide order dated 10.06.2011 reserving liberty to the petitioner's father and respondent to file their respective calculation memos, the said calculation memos having filed, the Additional Senior Civil Judge & JMFC, Athani vide order dated 24.01.2013 determined the balance amount was not payable. The petitioner is before this Court contending that while determining such balance amount, the Court has not taken into consideration the date of dispossession and awarded interest thereon.

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4 - NC: 2025:KHC-D:3542 WP No. 107627 of 2017

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The submission of Sri.H.R.Deshpande., learned counsel appearing for the petitioner is that the respondent No.2 in a reply issued to a RTI query by the petitioner dated 31.12.2011 has categorically indicated that the preliminary notification has been issued on 1.04.2004. The work had commenced in August 2004 and as such it is from the month of August 2004 that the interest is required to be paid.

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It is in that background that the respondent was called upon to obtain instruction make a submission as to whether that letter has been indeed issued under in a reply to a RTI query.

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Today, Sri.Shivaraj C. Bellakki., learned counsel for respondent No.2 submits that the letter has been so issued and the contents thereof are correct. If that be so, the contention of the petitioner is required to be allowed directing the awardal of interest from 14.08.2004, this date being taken into account since the RTI reply had indicated that the work had

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commenced in August 2004, a date in the middle of

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the month is taken into consideration so that neither

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of the parties faces any detriment. As such, I pass

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the following;

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ORDER

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i. The writ petition is allowed.

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iii. The order dated 24.01.2013 passed by the Additional Senior Civil Judge & JMFC Athani in EP No.78/2006 produced at Annexure-E is set aside;

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iv. The matter is remanded to the Additional Senior Civil Judge & JMFC, Athani for redoing the calculation in terms of the above observation there being no other grievance of the petitioner as regards the other amounts which have been awarded and/or not awarded.

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Sd/(SURAJ GOVINDARAJ) JUDGE

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SR/List No.: 1 Sl No.: 136

Shri. Abbas Nabisab Mulla v. the Special Land Acquisition Officer

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Shri. Abbas Nabisab Mulla v. the Special Land Acquisition Officer

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