IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 09^TH DAY OF MARCH, 2021

BEFORE

THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

W.P.NO.100072/2017 (LA-RES)

BETWEEN :

1.

SRI SIDDALING SHIVACHARYA

SWAMIGALU KATTIMANI HIREMATH ALAVANDI,

AGE: 65 YEARS, OCC: AGRICULTURE,

R/O: ALAVANDI, TQ: DIST: KOPPAL,

2.

SMT. SHANTADEVI W/O SHIDLINGASWAMI

AGE: 50 YEARS, OCC: HOUSEHOLD WORK,

R/O: ALAVANDI, TQ. DIST: KOPPAL.

... PETITIONERS

(BY SRI LINGRAJ MARADI, ADV.)

AND :

1.

THE STATE OF KARNATAKA

BY ITS SECRETARY, REVENUE DEPARTMENT,

VIDHANA SOUDHA, BENGALURU

2.

EXECUTIVE OFFICER

TALUKA PANCHAYAT OFFICE, KOPPAL.

3.

CHIEF EXECUTIVE OFFICER,

ZILLA PANCHAYAT OFFICE, KOPPAL.

4.

THE ASSISTANT COMMISSIONER

KOPPAL.

5.

THE DEPUTY COMMISSIONER

KOPPAL.

... RESPONDENTS

(BY SRI V.S.KALASURMATH, HCGP, ADV.)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF

THE CONSTITUTION OF INDIA, PRAYING THIS HON’BLE COURT TO

ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NOS.2

TO 5 TO INITIATE THE ACQUISITION PROCEEDINGS AS MENTIONED

IN VIDE ANNEXURE-C REPRESENTATION DATED 15.09.2016 UNDER

THE RIGHT TO FAIR COMPENSATION AND TRANSPORTING IN LAND

ACQUISITION REHABILITATION AND RESETTLEMENT ACT, 2013 AND

SUCH OTHER RELIEFS.

2

THIS PETITION COMING ON FOR PRELIMINARY HEARING “B”

GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

: ORDER :

The

captioned

writ

petition

is

filed

by

the

petitioner

seeking

writ

of

mandamus

to

direct

respondent No.2 to 5 to initiate acquisition proceedings

by considering the representation vide Annexure-C

dated 15.09.2016 and determine compensation under

Right to Fair compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act, 2013.

2.

The petitioners are the owners of Sy.No.702

measuring

16

acres

9

guntas

and

Sy.No.703/A

measuring 11 acres 23 guntas situated at Alavandi

village of Koppal Taluk.

3.

Respondents

have

acquired

the

land

in

Sy.No.703/A to the extent of 9 acres out of 11 acres 23

guntas for the purpose of construction of houses under

Ashraya Scheme. The petitioners have further stated

that

to

provide

connectivity

to

the

said

houses

constructed under Ashraya Scheme, the respondents

3

have utilized 2 acres of each of petitioner Nos.1 and 2

lands.

4.

The grievance of the petitioners is that the

respondents have utilized excess land without having

recourse to the provisions of the Land Acquisition Act.

Prima facie to demonstrate that there is a road leading

to the survey numbers where the houses are allotted

under Ashraya Scheme, the petitioners have produced

photographs. Since excess lands are utilized without

having recourse to provision of Land acquisition Act;

the petitioners have submitted a representation on

15.09.2016 requesting the respondents to acquire the

land utilized for laying a road and consequently pay

compensation.

5.

The grievance of the petitioners is that there

is total in action on the part of the respondents in not

acquiring the land. Hence the present writ petition is

filed seeking writ of mandamus.

6.

Learned counsel appearing for the petitioners

submits that both the petitioners have lost 4 acres of

4

land

on

account

of

unauthorized

utilization

of

petitioners’ land for laying a road.

7.

It is the specific contention of the petitioners

that the approach road to the houses constructed under

Ashraya Scheme is laid in the petitioners’ land. He

would submit to this Court that the respondents being a

statutory body and State machinery cannot utilize

private land without having recourse to the provisions

of Land Acquisition Act. He would submit to this Court

that

inspite

of

representation

submitted

by

the

petitioners to acquire the land and consequently pay

the compensation there is total inaction. He would

submit to this Court that the petitioners have lost their

properties

without

getting

any

comp