Sri M Nanjundaswamy Vs State of Karnataka

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO INITIATE PROCEEDINGS UNDER THE RIGHT O FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION REHABILITATION AND RESETTLEMENT ACT, 2013 TO DETERMINE THE AMOUNT OF COMPENSATION, INTEREST, SOLATIUM AND OTHER STATUTORY BENEFITS PAYABLE TO THE PETITIONERS IN RESPECT OF 4 ACRES OF LAND IN SURVEY NO. 529 AND 1.20 ACRES OF LAND IN SURVEY NO. 460 OF CHUNCHANAHALLI BELONGING TO THEM AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL

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ORAL ORDER

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Petitioners are before this Court claiming to be the owners of the land measuring 4 acres in Sy.No.529 and land measuring 2.20 acres in Sy.No.460 of Chunchanahalli, Doddakavalande Hobli, Nanjangud Taluk and Mysore District, they having purchased the same in terms of deeds of sale

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dated 06.08.1997 and 09.11.1998 respectively, are before this

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Court seeking following reliefs:

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''1. Issue a Writ of Mandamus or any other similar Writ or Order or Direction directing the Respondents to initiate proceedings under the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 to determine the amount of compensation, interest, Solatium and other statutory benefits payable to the petitioners in respect of 4 acres of land in Survey No. 529 and 1.20 acres of land in Survey No. 460 of Chunchanahalli belonging to them.

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2. Issue a Writ of Mandamus or any other similar Writ or Order or Direction directing the Respondents to pay all the amounts payable to the petitioners under the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 including the compensation, interest, Solatium and other statutory benefits in respect of 4 acres of land in Survey No. 529 and 1.20 acres of land in Survey No. 460 of Chunchanahalli belonging to them.

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3. Pass such other necessary Orders this Hon'ble Court may deem fit in the facts and circumstances of the case and in the interest of justice and equity.''

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Case of the petitioner is that, during the year 2019,

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the representatives of the Department of Minor Irrigation and Ground Water Development namely respondent Nos.2 and 3 without initiating any acquisition proceedings in respect of the aforesaid land had taken possession of the same on the

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premise that they require the same for the purpose of formation of a lake in an area measuring 9 acres and 20 guntas of land and had assured that the compensation in that regard would be paid in accordance with the prevalent acquisition law. That the petitioners did not object for respondent-Authority taking possession of their lands, inasmuch as they were given to understand that they would be paid compensation in accordance with law. Besides, the acquisition was for the purpose of formation of lake for the benefit of public at large. But the petitioners have not been paid any compensation. In addition, the respondent-Authority also laid about 500 meter pipeline running through the other lands belonging to the petitioners in Sy.Nos.146, 147 and 250 of the Chunchanahalli Village. Even for laying down the pipeline for 500 meter length and 5 feet width, no compensation was determined or paid to the petitioners. Thus, the lands belonging to the petitioners were utilized by the respondent-Authorities for the purpose of formation of a new lake and for laying down the pipeline, without paying any compensation. Hence the petition.

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Smt. Vidyulatha, learned counsel for the petitioners taking this Court through the writ petition papers submits that

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though the petitioners at this juncture have no option but to accept the utilization of the land by the respondent-Authorities, their grievance is with regard to non-determination of the compensation payable to the petitioners in respect of the aforesaid lands in accordance with provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'the Act, 2013'). She further refers to a Communication that was issued by the respondent No.3-Assistant Executive Engineer addressed to the respondent No.5-Tahsildar, Nanjangud Taluk dated 31.12.2019, as per Annexure-E, wherein the details of lands proposed to be utilized for the purpose of formation of a new lake are given. In that, at Sl.No.4 and 5, lands belonging to the petitioner No.2 and petitioner No.1 respectively are mentioned. She further refers to the proceedings that were taken in absence of petitioners by the respondent No.4 dated 24.11.2022 as per Annexure-G. Wherein she points out that upon purported recommendation made by the Rate Determination Advisory Committee, the respondent No.4 had determined the market value of the lands at Rs.14,97,144/- per acre and that the said price was

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apparently fixed for the purpose of consent purchase. She also refers to a communication dated 13.04.2023 produced at Annexure-J issued by the Assistant Executive Engineerrespondent No.3 addressed to the petitioner No.2, wherein apart from stating about the determination of the market value of the property as stated above, the respondent No.3 has shockingly mentioned that the land bearing Sy.No.529, measuring 4 acres of Chunchanahalli, Doddakavalande Hobli, Nanjangud Taluk and District has not been utilised for the purpose of formation of new lake and by the said communication the respondent No.3 has called upon the petitioners to furnish relevant records/deeds with regard to their title along with photographs. She also submits in furtherance to the said notice the petitioners filed/submitted the records as sought for along with a letter as per Annexure-K and the enclosures referred to therein, which included the photographs as sought for. She also refers to the Annexure-M, representation dated 16.08.2023 submitted by the petitioner summing up the entire events leading upto the date of taking the possession of the lands till conclusion of the proceedings

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and contends that the respondent-Authorities have taken no actions in the matter.

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She vehemently submits that the action of the respondent-Authorities in not initiating the acquisition proceedings in the manner known to law and paying the compensation in the manner provided under the Act, 2013 amounts to violation of constitutional rights of the petitioners. She submits that if a direction to the respondent-Authorities is issued to consider the case of the petitioners as referred to in the representation as per Annexure-M dated 16.08.2023 within the time bound manner, the purpose of the petition would be served.

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In response, learned AGA appearing for the respondent-Authorities submits that since the petitioners are not questioning/challenging the acquisition and utilization of the land made, given sometime the respondent-Authorities would consider the case of the petitioners from the date of taking the possession of the said land and shall determine the compensation payable to them in accordance with provisions of the Act, 2013.

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Submissions taken on record.

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In view of the above, the following:

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ORDER

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(i). Writ petition is allowed .

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(ii). Respondent-Authorities are directed to

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consider the representation made by the petitioners as per Annexure-M.

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(iii) The petitioners are also at liberty to furnish additional representation along with documents, if any in justification of their claim in respect of land bearing Sy.No.529, measuring 4 acres.

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(iv). It is made clear that since the respondent-Authorities stated have already utilized the lands belonging to the petitioners without initiating the process of acquisition, they shall proceed from the stage of taking possession of the same.

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(v). Needless to state, that the respondent-

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Authorities shall adhere to the requirement of issuing of the notice for enquiry and personal hearing for the purpose of determination of the compensation and other aspects as

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contemplated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

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(vi). A detailed order in this regard be passed within an outer limit of three months from the date of receipt of certified copy of this order.

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SD/(M.G.S. KAMAL) JUDGE

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List No.: 1 Sl No.: 36

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RL

Sri M Nanjundaswamy v. State of Karnataka

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Sri M Nanjundaswamy v. State of Karnataka

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