WP No. 582/2018

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IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 582 OF 2018

Pratibha Prabhakar Sabnis

… Petitioner

Versus

State of Karnataka, Thr. Commissioner

Belagavi Urban Development & 7 Others

...

Respondents

***

Shri Surendra Borkar, Advocate for the Petitioner.

CORAM : C.V. BHADANG, J.

DATE : 12

^th JUNE 2018

ORAL ORDER:

The challenge in this petition, is to the order dated

09.06.2017, passed by the learned District Judge at Panaji Goa,

thereby returning the plaint, on the ground that the Court has no

territorial jurisdiction.

2.

The brief facts necessary for the disposal of the

petition may be stated thus:

That a certain part of land at Belagavi (Karnataka)

belonging to the petitioner was acquired by the Belagavi Urban

Development Authority (BUDA, for short). The preliminary

notification was issued in the year 1984. The final notification

came in the year 1992. It is contended that the Land Acquisition

Officer (LAO) passed an award on 11.02.1998. According to the

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State, the acquired land is developed, sites are allotted and

buildings have been erected by the allotees.

3.

Be that as it may, the petitioner filed Writ Petition No.

107831/2015, before the Dharwad Bench of the Karnataka High

Court, in which, BUDA was arrayed as respondent. The

petitioner had questioned the communication dated 21.05.1999

from BUDA, rejecting the application dated 21.04.1999, filed by

the petitioner. The said petition was disposed of by the

Karnataka High Court on 27.08.2015, directing the authority to

pass fresh award, determining the market value etc. of the

acquired land, under the provisions of the Right to Fair

Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013 (Act of 2013, for

short).

4.

It appears that the petitioner filed yet another petition

being Writ Petition No. 113734/2015, before the Dharwad Bench

of Karnataka High Court, in which, an undertaking came to be

filed, on behalf of the Commissioner, BUDA (respondent no. 2),

which reads as under:

“The respondent no. 2 i.e. the Commissioner,

Belagavi Urban Development Authority, Belagavi,

undertake to comply the order passed by this

Hon'ble Court in W.P. No. 107831/2015 (LA-RES)

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dated 27.08.2015, regarding the passing of fresh

award determining the market value, under the

provisions of the Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation

and Resettlement Act, 2013, within a period of 6

weeks.”

5.

It further appears that BUDA challenged the order

dated 27.08.2018, passed in Writ Petition No. 107831/2015,

before the Division Bench in Writ Appeal No. 100668/2015.

However, that appeal was withdrawn on 05.04.2016.

6.

It appears that the petitioner had approached the

Hon'ble Supreme Court in Special Leave to Appeal (Civil ) No.

2946/2007, arising out of judgment and order dated 16.11.2016

in CCC No. 100745/2015, passed by the High Court of Karnataka

at Dharwad. The said Special Leave to Appeal has been disposed

of on 03.02.2017 in the following terms:

“The High Court has granted liberty to the

petitioner to challenge the award in case the

petitioner is not satisfied and in that view of the

matter, it was held that there is no contempt.

We see no reason to take a different view.

Therefore, reserving the liberty as granted by the

High Court, this Special Leave Petition is

dismissed.

Pending interlocutory applications, if any, stand

disposed of.”

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7.

The petitioner filed a summary suit purportedly, under

Order XXXVII of the Code of Civil Procedure (CPC, for short),

before the Senior Civil Judge at Bicholim, arraying eight

defendants including the Chief Minister of Karnataka for the

following reliefs:

“This Court may pass order directing to Bank at

initial stage as Ga