Srinivas v Vs State of Karnataka

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PAY FAIR COMPENSATION FOUR TIMES OF THE MARKET VALUE AS PER PROVISION OF RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 FOR THE CONVERTED LAND MEASURING 10½ GUNTAS IN SY. NO.177 OF KODIGEHALLI VILLAGE, YELAHANKA HOBLI, BANGALORE AS REQUESTED BY THE PETITIONER AT ANNEXURE-H THE REPRESENTATION DATED 12.03.2024 GIVEN TO RESPONDENT NO.4, ANNEXURE-H1 THE REPRESENTATION DATED 11.03.2024 GIVEN TO THE RESPONDENT NO.2, ANNEXURE-J THE REPRESENTATION DATED 12.03.2024 GIVEN TO RESPONDENT NO.3 AND ANNEXURE-J1 THE REPRESENTATION DATED 11.03.2024 GIVEN TO THE RESPONDENT NO.5 ANNEXURE-K THE REPRESENTATION DATED 07.05.2025 GIVEN TO RESPONDENT NO.4 WITHIN A SPECIFIED PERIOD AND ETC.

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IN WP NO. 18295/2025

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BETWEEN:

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SRINIVAS. V S/O. LATE VENKATESHAPPA AGED ABOUT 44 YEARS R/AT. GANTAGANAHALLI VILLAGE SINGANAYAKANAHALLI POST YELAHANKA HOBLI BANGALORE-560064

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HC-KAR

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...PETITIONER

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(BY MS. VINITHA P.C., ADVOCATE)

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AND:

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STATE OF KARNATAKA HOUSING AND URBAN DEVELOPMENT DEPARTMENT, M.S. BUILDING, BENGALURU-560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY.

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THE CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE HUDSON CIRCLE, J.C. ROAD

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BANGALORE-560 001

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THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE VIDYARANYAPURAM SUB-DIVISION

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BANGALORE-560097

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THE JOINT COMMISSIONER YELAHANKA ZONE BRUHAT BENGALURU MAHANAGARA PALIKE BYATARAYANAPURA

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BANGALORE-560090

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THE SPECIAL COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) LAKE (KERE) DIVISION, ANNEX BUILDING-3, 2^ND FLOOR, BANGALORE-560001

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...RESPONDENTS

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(BY SRI.H.K.KENCHEGOWDA, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.1;

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SRI. K.B.MONESH KUMAR, ADVOCATE FOR RESPONDENT NOS.2 TO 5)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PAY FAIR COMPENSATION FOUR TIMES OF THE MARKET VALUE AS PER PROVISION OF RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 FOR THE CONVERTED LAND MEASURING 19 GUNTAS IN SY.NO.177 OF KODIGEHALLI VILLAGE,

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HC-KAR

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YELAHANKA HOBLI, BANGALORE AS PER PETITIONER'S REPRESENTATION AT ANNEXURE-L DATED 11.03.2024 GIVEN TO RESPONDENT NO.4, ANNEXURE-L1 DATED 12.03.2024 GIVEN TO RESPONDENT NO.2, ANNEXURE-M THE REPRESENTATION DATED 11.03.2024 GIVEN TO RESPONDENT NO.3 AND ANNEXURE-M1 THE REPRESENTATION DATED 12.03.2024 GIVEN TO RESPONDENT NO.5 AND ANNEXURE-N THE REPRESENTATION DATED 07.05.2025 GIVEN TO RESPONDENT NO.4 WITHIN A SPECIFIED PERIOD AND ETC.

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THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ

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ORAL ORDER

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The petitioner who is common in both these writ petitions has sought for a writ in the nature of mandamus to direct respondent Nos.2 and 3 to pay compensation for using the lands measuring 10½ guntas and 19 guntas respectively in Survey No.177 of Kodigehalli, Yelahanka, Hobli, Bengaluru, by considering his representations dated 11.03.2024 and 12.03.2024. He has also sought for a writ in the nature of mandamus to award compensation at the prevailing market rates with interest at 24% per annum from the date of using up the land till the date of payment and to declare that the act of respondents Nos.2 and 3 in utilising his property without following due process of law, is unauthorised and to direct them to determine and pay compensation.

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HC-KAR

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The petitioner claims that he is the owner of land bearing Sy.No.177 of Kodigehalli Village, Yelahanka Hobli, Bengaluru measuring 01 acre 36 guntas, which included 15 guntas of Kharab. He got it converted for non-agricultural purposes, where he constructed a temple and installed a deity. The respondent Nos.2 to 4 allegedly without following due process of law encroached upon 10½ guntas of land and formed a road thereon and another 19 guntas of land was utilized for extension of lake. He claims that he was not paid any compensation and therefore he submitted a representation on 26.08.2019 with the respondents requesting them to pay compensation. Since the said representation was not considered, the petitioner approached this Court in W.P. No.11499/2021 which was allowed in terms of an order dated 13.07.2022. The petitioner was directed to give a fresh representation along with the copy of the order and the respondent No.2 was directed to consider the representation of the petitioner within 03 months. Accordingly the petitioner submitted representation on 11.08.2022 to the respondent Nos.2 to 4 and enclosed a copy of the order passed in W.P. No. 11499/2021.

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HC-KAR

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The Assistant Director of Land Records, Yelahanka sent a notice dated 16.01.2023 intimating that a spot inspection would be conducted on 25.01.2023. Accordingly a spot inspection was conducted and a mahazar was drawn and sketch was prepared indicating the extent of land used up by the respondent Nos.1 and 2. Despite that, the respondent did not pay any compensation which forced the petitioner to file representations dated 11.03.2024 and 12.03.2024 to the respondent Nos.2 and 3. Since the said representations are not considered, the petitioner is before the Court.

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The learned counsel for the petitioner submitted that the respondents have deliberately delayed the consideration of the representation and payment of compensation. She therefore prays that a suitable direction be issued to the respondents to ensure that the compensation is paid.

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The learned counsel for respondent Nos.2 to 5 after securing instructions from respondent Nos.2 and 3 submits that the land of the petitioner was indeed utilised for the purpose of forming a road and extension of lake. He submits that steps

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HC-KAR

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would be taken to pay the compensation if reasonable time is granted.

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This Court had specifically directed the respondent Nos.2 and 3 to consider the representation of the petitioner vide order dated 13.07.2022 in W.P. No. 11499/2021. Even after 03 years, the respondents have slept over the matter and have not considered the representations submitted by the petitioner.

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In view of the apparent apathy on the part of the respondents in not granting the compensation payable to the petitioner and also in not considering the direction issued by this Court, it is appropriate that the respondents are put on terms.

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Accordingly this petition is allowed. The

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respondent Nos.2 and 3 are directed to determine the compensation and pay the same to the petitioner within a period of 06 months from the date of receipt of a copy of this order. It is needless to mention that the compensation determined shall be in accordance with the Right to Fair

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