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2023 Supreme(Kar) 375
IN THE HIGH COURT OF KARNATAKA AT KALABURAGI BENCH
Suraj Govindaraj, J.
Sri.Ajeet, S/O Babu Saliyan And Ors. – Petitioners
Versus
The State Of Karnataka Rep By Its Principal Secretary Department Of Municipal Administration And Ors. – Respondents
Writ Petition No. 206277 of 2016 (LB-RES), Writ Petition No. 200431, 200432, 200433, 200434, 200435, 200436, 200438, 201749 of 2017 (LB-RES)
Decided On : 11-07-2023
Advocate Appeared:
For the Petitioner:Sri. S S Mamadapur, Advocate
For the Respondent:Smt. Maya T.R., HCGP, Sri. Amaresh S. Roja., Advocate
Point of Law: Section 69 of KTCP Act, the Planning Authority may acquire any land designated in the master plan for ‘public purposes’ by agreement or under the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act as in force in the State.
Headnote:
Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 – Land acquisition - Compensation - Petitioners are before Court seeking for a mandamus directing respondents to make compensation amount to petitioners @ Rs.4750/-per square feet with 100% solatium and interest on delayed payment in terms of orders - no consensus having been arrived,, officers of the Corporation had directed the owners to file their willingness of handing over property and accept the compensation fixed by the officials of the Corporation. [Para 11]
Finding of Court : Only two options which are available is for land which has been taken possession of by respondent No.4 -Corporation without acquisition to be either returned back to petitioners since taking possession thereof is illegal or for the State to acquire land by issuance of necessary notification under provision of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 - Option, of course, would be that of the State
Result : Writ Petitions are allowed.
ORDER :
1. In W.P.No.206277/2016, the petitioners are before this Court seeking for the following reliefs:
a. Issue a writ of mandamus or order or any other direction in the nature of writ directing the respondents to pay the compensation amount to the petitioners @ Rs.4750/-per square feet with 100% solatium and interest on delayed payment in terms of the compromise petition vide Annexure-D and the order dated 22.07.2016 passed by this Hon’ble Court in WP.No.205692/2015 and other connected matters in the interest of justice and equity.
b. Grant such other reliefs as this Hon’ble Court deems fit to grant under the facts and circumstances of the case.
2. In W.P.No.200431/2017, the petitioner is before this Court seeking for the following reliefs:
1) Issue order or writ in the nature of certiorari quashing Annexure-J dated:27/29.08.2016, passed in file No. M.N.PA.V/KAM.V/2016-17/920 passed by Respondent No.4.
2) Issue order or writ or direction in the mandamus directing the respondent No.3 & 4 to pay compensation at the rate of Rs.4,750/-as agreed by them in order dated 22.07.2016 passed in W.P.No.205692/2015 and other connected matters, in the interest of justice and equity.
3) Issue any order or writ or direction as this Hon’ble Court may deem fit under the facts and circumstances of the case, in the interest of justice and equity.
3. In W.P.No.200432/2017, the petitioner is before this Court seeking for the following reliefs:
1) Issue order or writ in the nature of certiorari quashing Annexure-J dated:27/29.08.2016, passed in file No. M.N.PA.V/KAM.V/2016-17/920 passed by Respondent No.4.
2) Issue order or writ or direction in the mandamus directing the respondent No.3 & 4 to pay compensation at the rate of Rs.4,750/-as agreed by them in order dated 22.07.2016 passed in W.P.No.205692/2015 and other connected matters, in the interest of justice and equity.
3) Issue any order or writ or direction as this Hon’ble Court may deem fit under the facts and circumstances of the case, in the interest of justice and equity.
4. In W.P.No.200433/2017, the petitioner is before this Court seeking for the following reliefs:
1) Issue order or writ in the nature of certiorari quashing Annexure-J dated:27/29.08.2016, passed in file No. M.N.PA.V/KAM.V/2016-17/920 passed by Respondent No.4.
2) Issue order or writ or direction in the mandamus directing the respondent No.3 & 4 to pay compensation at the rate of Rs.4,750/- as agreed by them in order dated 22.07.2016 passed in W.P.No.205692/2015 and other connected matters, in the interest of justice and equity.
3) Issue any order or writ or direction as this Hon’ble Court may deem fit under the facts and circumstances of the case, in the interest of justice and equity.
5. In W.P.No.200434/2017, the petitioner is before this Court seeking for the following reliefs:
1) Issue order or writ in the nature of certiorari quashing Annexure-J dated:27/29.08.2016, passed in file No. M.N.PA.V/KAM.V/2016-17/920 passed by Respondent No.4.
2) Issue order or writ or direction in the mandamus directing the respondent No.3 & 4 to pay compensation at the rate of Rs.4,750/-as agreed by them in order dated 22.07.2016 passed in W.P.No.205692/2015 and other connected matters, in the interest of justice and equity.
3) Issue any order or writ or direction as this Hon’ble Court may deem fit under the facts and circumstances of the case, in the interest of justice and equity.
6. In W.P.No.200435/2017, the petitioner is before this Court seeking for the following reliefs:
1) Issue order or writ in the nature of certiorari quashing Annexure-E dated:27/29.08.2016, passed in file No. M.N.PA.V/KAM.V/2016-17/920 passed by Respondent No.4.
2) Issue order or writ or direction in the mandamus directing the respondent No.3 & 4 to pay compensation at the rate of Rs.4,750/- as agreed by them in order dated 22.07.2016 passed in W.P.No.205692/2015 and other connected matters, in the interest of justice and equity.
3) Issue any order or writ or direction as
