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2024 Supreme(Online)(KAR) 19739
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF FEBRUARY, 2024 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 106719 OF 2023 (LA-KIADB)
BETWEEN:
LAXMANN S/O BALAGOUDA PATIL AGE: 85 YEARS, OCC: AGRICUTLURE R/O KANAGALA, TQ: HUKKERI, DIST: BELAGAVI 591225 …PETITIONER (BY SRI. MAHANTESH R PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY UNDER SECRETARY TO THE MINISTRY OF COMMERCE AND INDUSTRY M.S.BUILDING, BENGALURU 01
2. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD LAKAMANAHALLI, DHARWAD TQ AND DIST: DHARWAD 580004 …RESPONDENTS SUJATA (BY SRI. HANAMANTHARAY LAGALI, AGA FOR R1;
SUBHASH SRI. PAVAN DODDATTI ADVOCATE FOR R2)
PAMMAR THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION AND QUASH THE ORDER DATED. 18/06/2022 PASSED BY THE RESPONDENT NO.2 IN NO.NAKALU.VIVA.660/2022-23 PRODUCED AT ANNEXURE-D IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The communication dated 18.06.2022 issued by the respondent No.2 declining to grant compensation in respect of the land bearing R.S. No.370/1B measuring 1 acre 7 guntas, and in respect of land bearing R.S. No.371/2 measuring 1 acre 6 guntas, stating that the said extent of lands are pot A kharab lands is impugned in this petition. The entire extent of lands in R.S. No.370/1B and R.S. No.371/2 were acquired for the purpose of industrial corridor by respondent No.2. The petitioner having consented for acquisition of the lands, the respondent No.2 passed a consent award, and in the said award, the petitioner was not granted compensation to the extent of lands which were classified as pot A kharab lands.
2. Heard the learned counsel for the parties.
3. The record of rights in respect of the said lands indicated that the said extent of lands is classified as pot B kharab lands. However, the aakarbandh indicated that the said extent of lands is classified as pot A kharab land. Whether the owners of the lands which are classified as pot A kharab land are entitled for compensation for acquisition by the respondent No.2 under the very same notification was examined by the Co- ordinate Bench of this Court in W.P. No.104862/2023. This Court vide order dated 29.08.2023 passed an order remanding the matters therein granting liberty to the petitioners therein to place on record the certified copy of the record of rights as well as the certified copy of the revision settlement pertaining to the lands therein. Therefore, this petition also requires to be disposed off in light of the order passed in the aforesaid writ petition.
4. The writ petition is allowed. The impugned communication dated 18.06.2022 issued by respondent No.2 at Annexure – D is hereby quashed.
Respondent No.2 shall pass an order afresh by taking cognizance of the revenue records to be produced by the petitioner. The respondent No.2 after hearing the petitioner, shall pass an appropriate order within a period of four months from the date of receipt of the certified copy of this order.
