Karnataka High Court
Karnataka Neeravari Nigam ... vs The Special Land Acquistion ... on 2 February, 2022
Bench: B.M.Shyam Prasad
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 2nd DAY OF JANUARY 2022
BEFORE
THE HON'BLE MR. JUSTICE B.M. SHYAM PRASAD
WRIT PETITION NO.101820/2021 (LA-RES)
C/W
WRIT PETITION NO.101818/2021 (LA-RES)
WRIT PETITION NO.103898/2021 (LA-RES)
WRIT PETITION NO.103899/2021 (LA-RES)
WRIT PETITION NO.103903/2021 (LA-RES)
WRIT PETITION NO.103905/2021 (LA-RES)
WRIT PETITION NO.103909/2021 (LA-RES)
WRIT PETITION NO.103913/2021 (LA-RES)
WRIT PETITION NO.103915/2021 (LA-RES)
IN WRIT PETITION NO.101820/2021 (LA-RES)
BETWEEN
KARNATAKA NEERAVARI NIGAM LIMITED
4TH FLOOR, COFFEE BOARD BUILDING
NO.1, DR.B.R. AMBEDKAR VEEDHI
INFANTRY ROAD, BENGALURU
PIN 562001.
REPRESENTED BY ITS
EXECUTIVE ENGINEER
RANEBENNUR.
...PETITIONER
(BY SRI.D.N.NANJUNDA REDDY, ADV., FOR
SRI. SHIVARAJ C. BELLAKKI, ADV.,)
AND
1. THE SPECIAL LAND ACQUISITION OFFICER
UPPER TUNGA PROJECT,
2
RANEBENNUR, PIN: 581115.
2. THE SPECIAL DEPUTY COMMISSIONER,
REHABILITATION AND RESETTLEMENT,
(MAJOR IRRIGATION PROJECTS),
DC COMPOUND,
BELAGAVI-590001.
3. DODDAGOUDA SHIVANGOUDA PATIL
S/O MALLESHAPPA BOMANNANAVAR,
AGE NOT KNOWN, R/O NESHVY,
TQ: HIREKERUR, PIN: 581208.
4. CHANDRAGOUDA SHIVANGOUDA PATIL
SON OF NOT KNOWN,
AGE NOT KNOWN, R/O NESHVY,
TQ: HIREKERUR, PIN: 581208.
...RESPONDENTS
(BY SRI. SHIVAPRABHU HIREMATH, AGA FOR R1 AND R2;
SRI. F.V.PATIL, ADV., FOR R3; R4 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF
CERTIORARI, QUASHING THE IMPUGNED ORDER DATED
20.02.2020, PASSED BY THE RESPONDENT NO.2 SLAO
VIDE ANNEXURE-E BEARING NO.BHUSWA/TUMAYO/28-
A/CR-32/2019-20 AND ISSUE A WRIT ORDER OR
DIRECTION IN THE NATURE OF CERTIROARI QUASHING
THE IMPUGNED PROCEEDINGS DATED 13.02.2020,
PASSED BY THE RESPONDENT NO.2 SLAO VIDE
ANNEXURE-E1. BEARING NO.TUM.MAY.YOBHUSVA/28-
A/SR/245/2013 AND ISSUE A WRIT, ORDER OR
DIRECTION IN THE NATURE OF MANDAMUS DIRECTING
THE RESPONDENT NO.2 SLAO NOT TO AWARD INTEREST
UNDER SECTION 34 OF THE LAND ACQUISITION ACT,
1894.
3
IN WRIT PETITION NO.101818/2021 (LA-RES)
BETWEEN
KARNATAKA NEERAVARI NIGAM LIMITED
4TH FLOOR, COFFEE BOARD BUILDING
NO.1, DR.B.R. AMBEDKAR VEEDHI
INFANTRY ROAD, BENGALURU
PIN 562001.
REPRESENTED BY ITS
EXECUTIVE ENGINEER
RANEBENNUR.
...PETITIONER
(BY SRI.D.N.NANJUNDA REDDY, ADV., FOR
SRI. SHIVARAJ C. BELLAKKI, ADV.,)
AND
1. THE SPECIAL LAND ACQUISITION OFFICER
UPPER TUNGA PROJECT,
RANEBENNUR, PIN: 581115.
2. THE SPECIAL DEPUTY COMMISSIONER,
REHABILITATION AND RESETTLEMENT,
(MAJOR IRRIGATION PROJECTS),
DC COMPOUND,
BELAGAVI-590001.
3. DODDAGOUDA SHIVANGOUDA PATIL
S/O MALLESHAPPA BOMANNANAVAR,
AGE NOT KNOWN, R/O NESHVY,
TQ: HIREKERUR, PIN: 581208.
4. CHANDRAGOUDA SHIVANGOUDA PATIL
SON OF NOT KNOWN,
AGE NOT KNOWN, R/O NESHVY,
TQ: HIREKERUR, PIN: 581208.
4
...RESPONDENTS
(BY SRI. SHIVAPRABHU HIREMATH, AGA FOR R1 AND R2;
SRI. F.V.PATIL, ADV., FOR R3; R4 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF
CERTIORARI, QUASHING THE IMPUGNED ORDER DATED
20.02.2020, PASSED BY THE RESPONDENT NO.2 SLAO
VIDE ANNEXURE-E BEARING NO.BHUSWA/TUMAYO/28-
A/CR-31/2019-20 AND ISSUE A WRIT ORDER OR
DIRECTION IN THE NATURE OF CERTIROARI QUASHING
THE IMPUGNED PROCEEDINGS DATED 13.02.2020,
PASSED BY THE RESPONDENT NO.2 SLAO VIDE
ANNEXURE-E1. BEARING NO.TUM.MAY.YOBHUSVA/28-
A/SR/267/2013 AND ISSUE A WRIT, ORDER OR
DIRECTION IN THE NATURE OF MANDAMUS DIRECTING
THE RESPONDENT NO.2 SLAO NOT TO AWARD INTEREST
UNDER SECTION 34 OF THE LAND ACQUISITION ACT,
1894.
IN WRIT PETITION NO.103898/2021 (LA-RES)
BETWEEN
KARNATAKA NEERAVARI NIGAM LIMITED
4TH FLOOR, COFFEE BOARD BUILDING
NO.1, DR.B.R. AMBEDKAR VEEDHI
INFANTRY ROAD, BENGALURU
PIN 562001.
REPRESENTED BY ITS
EXECUTIVE ENGINEER
RANEBENNUR.
...PETITIONER
(BY SRI.D.N.NANJUNDA REDDY, ADV., FOR
SRI. SHIVARAJ C. BELLAKKI, ADV.,)
AND
5
1. THE SPECIAL LAND ACQUISITION OFFICER
UPPER TUNGA PROJECT,
RANEBENNUR, PIN: 581115.
2. THE SPECIAL DEPUTY COMMISSIONER,
REHABILITATION AND RESETTLEMENT,
(MAJOR IRRIGATION PROJECTS),
DC COMPOUND,
BELAGAVI-590001.
3. KARABASAPPA, S/O BASAPPA BANNIKOD
AGE: MAJOR, R/O. MAVINATOP,
TALUK: HIREKERUR,
DISTRICT: HAVERI, PIN: 581208.
...RESPONDENTS
(BY SRI. SHIVAPRABHU HIREMATH, AGA FOR R1 AND R2;
SRI. F.V.PATIL, ADV., FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF
CERTIORARI, QUASHING THE IMPUGNED ORDER DATED
20.02.2020, PASSED BY THE RESPONDENT NO.2 SLAO
VIDE ANNEXURE-E BEARING
NO.BHUSWA/TUMAYO/28A/CR-04/2019-20 AND ISSUE A
WRIT ORDER OR DIRECTION IN THE NATURE OF
CERTIROARI QUASHING THE IMPUGNED PROCEEDINGS
DATED 13.02.2020, PASSED BY THE RESPONDENT NO.2
SLAO VIDE ANNEXURE-E1. BEARING
NO.TUM.MAYO/BHUSVA/28ASR/Hii/10/2010 AND ISSUE
A WRIT, ORDER OR DIRECTION IN THE NATURE OF
MANDAMUS DIRECTING THE RESPONDENT NO.2 SLAO
NOT TO AWARD INTEREST UNDER SECTION 34 OF THE
LAND ACQUISITION ACT, 1894.
IN WRIT PETITION NO.103899/2021 (LA-RES)
6
BETWEEN
KARNATAKA NEERAVARI NIGAM LIMITED
4TH FLOOR, COFFEE BOARD BUILDING
NO.1, DR.B.R. AMBEDKAR VEEDHI
INFANTRY ROAD, BENGALURU
PIN 562001.
REPRESENTED BY ITS
EXECUTIVE ENGINEER
RANEBENNUR.
...PETITIONER
(BY SRI.D.N.NANJUNDA REDDY, ADV., FOR
SRI. SHIVARAJ C. BELLAKKI, ADV.,)
AND
1. THE SPECIAL LAND ACQUISITION OFFICER
UPPER TUNGA PROJECT,
RANEBENNUR, PIN: 581115.
2. THE SPECIAL DEPUTY COMMISSIONER,
REHABILITATION AND RESETTLEMENT,
(MAJOR IRRIGATION PROJECTS),
DC COMPOUND,
BELAGAVI-590001.
3. SRI. BASAPPA, S/O. SHIVAPPA MATTUR
AGE: 46 YEARS, R/O. MAVINATOP,
TALUK: HIREKERUR,
DISTRICT: HAVERI, PIN: 581208.
4. KAREGOUDA, S/O. SHIVAPPA MATTUR
AGE: 43 YEARS, R/O. MAVINATOP,
TALUK: HIREKERUR,
DISTRICT: HAVERI, PIN: 581208.
...RESPONDENTS
(BY SRI. SHIVAPRABHU HIREMATH, AGA FOR R1 AND R2;
7
SRI. F.V.PATIL, ADV., FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF
CERTIORARI, QUASHING THE IMPUGNED ORDER DATED
20.02.2020, PASSED BY THE RESPONDENT NO.2 SLAO
VIDE ANNEXURE-E BEARING
NO.BHUSWA/TUMAYO/28A/CR-07/2019-20 AND ISSUE A
WRIT ORDER OR DIRECTION IN THE NATURE OF
CERTIROARI QUASHING THE IMPUGNED PROCEEDINGS
DATED 13.02.2020, PASSED BY THE RESPONDENT NO.2
SLAO VIDE ANNEXURE-E1. BEARING
NO.TUM.MAYO/BHUSVA/28ASR/19/2010 AND ISSUE A
WRIT, ORDER OR DIRECTION IN THE NATURE OF
MANDAMUS DIRECTING THE RESPONDENT NO.2 SLAO
NOT TO AWARD INTEREST UNDER SECTION 34 OF THE
LAND ACQUISITION ACT, 1894.
IN WRIT PETITION NO.103903/2021 (LA-RES)
BETWEEN
KARNATAKA NEERAVARI NIGAM LIMITED
4TH FLOOR, COFFEE BOARD BUILDING
NO.1, DR.B.R. AMBEDKAR VEEDHI
INFANTRY ROAD, BENGALURU
PIN 562001.
REPRESENTED BY ITS
EXECUTIVE ENGINEER
RANEBENNUR.
...PETITIONER
(BY SRI.D.N.NANJUNDA REDDY, ADV., FOR
SRI. SHIVARAJ C. BELLAKKI, ADV.,)
AND
1. THE SPECIAL LAND ACQUISITION OFFICER
UPPER TUNGA PROJECT,
RANEBENNUR, PIN: 581115.
8
2. THE SPECIAL DEPUTY COMMISSIONER,
REHABILITATION AND RESETTLEMENT,
(MAJOR IRRIGATION PROJECTS),
DC COMPOUND,
BELAGAVI-590001.
3. SRI. BASAPPA,
S/O. HANUMANTHAPPA BANNIKOD,
AGE: 80 YEARS, R/O. MAVINATOP,
TALUK: HIREKERUR,
DISTRICT: HAVERI, PIN: 581208.
...RESPONDENTS
(BY SRI. SHIVAPRABHU HIREMATH, AGA FOR R1 AND R2;
SRI. F.V.PATIL, ADV., FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF
CERTIORARI, QUASHING THE IMPUGNED ORDER DATED
20.02.2020, PASSED BY THE RESPONDENT NO.2 SLAO
VIDE ANNEXURE-E BEARING
NO.BHUSWA/TUMAYO/28A/CR-21/2019-20 AND ISSUE A
WRIT ORDER OR DIRECTION IN THE NATURE OF
CERTIROARI QUASHING THE IMPUGNED PROCEEDINGS
DATED 13.02.2020, PASSED BY THE RESPONDENT NO.2
SLAO VIDE ANNEXURE-E1. BEARING
NO.TUM.MAYO/BHUSVA/28ASR/Hii/16/2010 AND ISSUE
A WRIT, ORDER OR DIRECTION IN THE NATURE OF
MANDAMUS DIRECTING THE RESPONDENT NO.2 SLAO
NOT TO AWARD INTEREST UNDER SECTION 34 OF THE
LAND ACQUISITION ACT, 1894.
IN WRIT PETITION NO.103905/2021 (LA-RES)
BETWEEN
KARNATAKA NEERAVARI NIGAM LIMITED
9
4TH FLOOR, COFFEE BOARD BUILDING
NO.1, DR.B.R. AMBEDKAR VEEDHI
INFANTRY ROAD, BENGALURU
PIN 562001.
REPRESENTED BY ITS
EXECUTIVE ENGINEER
RANEBENNUR.
...PETITIONER
(BY SRI.D.N.NANJUNDA REDDY, ADV., FOR
SRI. SHIVARAJ C. BELLAKKI, ADV.,)
AND
1. THE SPECIAL LAND ACQUISITION OFFICER
UPPER TUNGA PROJECT,
RANEBENNUR, PIN: 581115.
2. THE SPECIAL DEPUTY COMMISSIONER,
REHABILITATION AND RESETTLEMENT,
(MAJOR IRRIGATION PROJECTS),
DC COMPOUND,
BELAGAVI-590001.
3. MALLIKARJUNAGOWDA RAMANGOUDA PATIL,
AGED MAJOR, GUDDAGUDAPARA,
HALI VASTHI, CHOWDESHWARI NAGARA,
RANNEBENNUR, HAVERI - 581115.
...RESPONDENTS
(BY SRI. SHIVAPRABHU HIREMATH, AGA FOR R1 AND R2;
R3 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF
CERTIORARI, QUASHING THE IMPUGNED ORDER DATED
20.02.2020, PASSED BY THE RESPONDENT NO.2 SLAO
VIDE ANNEXURE-E BEARING
NO.BHUSWA/TUMAYO/28A/CR-08/2019-20 AND ISSUE A
10
WRIT ORDER OR DIRECTION IN THE NATURE OF
CERTIROARI QUASHING THE IMPUGNED PROCEEDINGS
DATED 13.02.2020, PASSED BY THE RESPONDENT NO.2
SLAO VIDE ANNEXURE-E1. BEARING
NO.KRA.TUM.MAYO/BHUSVA/28ASR/RA/9/2008 AND
ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF
MANDAMUS DIRECTING THE RESPONDENT NO.2 SLAO
NOT TO AWARD INTEREST UNDER SECTION 34 OF THE
LAND ACQUISITION ACT, 1894.
IN WRIT PETITION NO.103909/2021 (LA-RES)
BETWEEN
KARNATAKA NEERAVARI NIGAM LIMITED
4TH FLOOR, COFFEE BOARD BUILDING
NO.1, DR.B.R. AMBEDKAR VEEDHI
INFANTRY ROAD, BENGALURU
PIN 562001.
REPRESENTED BY ITS
EXECUTIVE ENGINEER
RANEBENNUR.
...PETITIONER
(BY SRI.D.N.NANJUNDA REDDY, ADV., FOR
SRI. SHIVARAJ C. BELLAKKI, ADV.,)
AND
1. THE SPECIAL LAND ACQUISITION OFFICER
UPPER TUNGA PROJECT,
RANEBENNUR, PIN: 581115.
2. THE SPECIAL DEPUTY COMMISSIONER,
REHABILITATION AND RESETTLEMENT,
(MAJOR IRRIGATION PROJECTS),
DC COMPOUND,
BELAGAVI-590001.
3. BASAPPA, S/O. SMT. DURGAVVA MALAGI
AGED MAJOR, ALADAKATTI GRAMA,
11
RANNEBENNUR, HAVERI-581110.
...RESPONDENTS
(BY SRI. SHIVAPRABHU HIREMATH, AGA FOR R1 AND R2;
SRI. AVINASH BANAKAR, ADV., FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF
CERTIORARI, QUASHING THE IMPUGNED ORDER DATED
20.02.2020, PASSED BY THE RESPONDENT NO.2 SLAO
VIDE ANNEXURE-E BEARING
NO.BHUSWA/TUMAYO/28A/CR-14/2019-20 AND ISSUE A
WRIT ORDER OR DIRECTION IN THE NATURE OF
CERTIROARI QUASHING THE IMPUGNED PROCEEDINGS
DATED 13.02.2020, PASSED BY THE RESPONDENT NO.2
SLAO VIDE ANNEXURE-E1. BEARING
NO.KRA.TUM.MAYO/BHUSVA/28ASR/Hii/32/2011-12 AND
ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF
MANDAMUS DIRECTING THE RESPONDENT NO.2 SLAO
NOT TO AWARD INTEREST UNDER SECTION 34 OF THE
LAND ACQUISITION ACT, 1894.
IN WRIT PETITION NO.103913/2021 (LA-RES)
BETWEEN
KARNATAKA NEERAVARI NIGAM LIMITED
4TH FLOOR, COFFEE BOARD BUILDING
NO.1, DR.B.R. AMBEDKAR VEEDHI
INFANTRY ROAD, BENGALURU
PIN 562001.
REPRESENTED BY ITS
EXECUTIVE ENGINEER
RANEBENNUR.
...PETITIONER
(BY SRI.D.N.NANJUNDA REDDY, ADV., FOR
SRI. SHIVARAJ C. BELLAKKI, ADV.,)
12
AND
1. THE SPECIAL LAND ACQUISITION OFFICER
UPPER TUNGA PROJECT,
RANEBENNUR, PIN: 581115.
2. THE SPECIAL DEPUTY COMMISSIONER,
REHABILITATION AND RESETTLEMENT,
(MAJOR IRRIGATION PROJECTS),
DC COMPOUND,
BELAGAVI-590001.
3. SRI. TIPPESHAPPA
S/O. NINGAPPA MADIVALARA,
AGE: 60 YEARS, R/O. CHIKKABBAR,
TALUK: HIREKERUR,
DISTRICT: HAVERI, PIN: 581119.
...RESPONDENTS
(BY SRI. SHIVAPRABHU HIREMATH, AGA FOR R1 AND R2;
SRI. NAGARAJ J. APPANNAVAR, ADV., FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF
CERTIORARI, QUASHING THE IMPUGNED ORDER DATED
20.02.2020, PASSED BY THE RESPONDENT NO.2 SLAO
VIDE ANNEXURE-E BEARING
NO.BHUSWA/TUMAYO/28A/CR-25/2019-20 AND ISSUE A
WRIT ORDER OR DIRECTION IN THE NATURE OF
CERTIROARI QUASHING THE IMPUGNED PROCEEDINGS
DATED 13.02.2020, PASSED BY THE RESPONDENT NO.2
SLAO VIDE ANNEXURE-E1. BEARING
NO.KRATUM.MAYO/BHUSVA/28ASR/Hi/291/2013 AND
ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF
MANDAMUS DIRECTING THE RESPONDENT NO.2 SLAO
NOT TO AWARD INTEREST UNDER SECTION 34 OF THE
LAND ACQUISITION ACT, 1894.
13
IN WRIT PETITION NO.103915/2021 (LA-RES)
BETWEEN
KARNATAKA NEERAVARI NIGAM LIMITED
4TH FLOOR, COFFEE BOARD BUILDING
NO.1, DR.B.R. AMBEDKAR VEEDHI
INFANTRY ROAD, BENGALURU
PIN 562001.
REPRESENTED BY ITS
EXECUTIVE ENGINEER
RANEBENNUR.
...PETITIONER
(BY SRI.D.N.NANJUNDA REDDY, ADV., FOR
SRI. SHIVARAJ C. BELLAKKI, ADV.,)
AND
1. THE SPECIAL LAND ACQUISITION OFFICER
UPPER TUNGA PROJECT,
RANEBENNUR, PIN: 581115.
2. THE SPECIAL DEPUTY COMMISSIONER,
REHABILITATION AND RESETTLEMENT,
(MAJOR IRRIGATION PROJECTS),
DC COMPOUND,
BELAGAVI-590001.
3. SRI. HANAMANTHAPPA
S/O. KARIYAPPA HARALAHALLI,
AGE: 65 YEARS, R/O. HIREKABBAR,
TALUK: HIREKERUR,
DISTRICT: HAVERI, PIN: 581119.
...RESPONDENTS
(BY SRI. SHIVAPRABHU HIREMATH, AGA FOR R1 AND R2;
SRI. NAGRAJ J. APPANNAVAR, ADV., FOR R3)
14
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF
CERTIORARI, QUASHING THE IMPUGNED ORDER DATED
20.02.2020, PASSED BY THE RESPONDENT NO.2 SLAO
VIDE ANNEXURE-E BEARING
NO.BHUSWA/TUMAYO/28A/CR-28/2019-20 AND ISSUE A
WRIT ORDER OR DIRECTION IN THE NATURE OF
CERTIROARI QUASHING THE IMPUGNED PROCEEDINGS
DATED 13.02.2020, PASSED BY THE RESPONDENT NO.2
SLAO VIDE ANNEXURE-E1. BEARING
NO.KRA.TUM.MAYO/BHUSVA/28ASR/Hi/292/2013 AND
ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF
MANDAMUS DIRECTING THE RESPONDENT NO.2 SLAO
NOT TO AWARD INTEREST UNDER SECTION 34 OF THE
LAND ACQUISITION ACT, 1894.
THESE WRIT PETITIONS COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner, the beneficiary of the acquisition
proceedings initiated for the 'Upper Tunga Project' under
the provisions of the Land Acquisition Act, 1894 (for
short, "the Act"), has impugned the redetermination of
compensation by the Special Land Acquisition Officer
[the first respondent] and the subsequent approval
accorded by the second respondent - the Special Deputy
Commissioner, Rehabilitation and Re-settlement (Major
Irrigation Project and referred to as the Special Deputy
Commissioner). The Special Land Acquisition Officer's
order of re-determination is dated on 13th February,
2020 and the Special Deputy Commissioner's approval
is dated 20th February, 2020. The petitions, when listed
for consideration of the interim applications filed by the
land owners/ respondents, are taken up for final
disposal with the consent of the learned counsel for the
parties.
2. Sri.D.N.Nanjunda Reddy, the learned Senior
Counsel for the petitioners, and Sri.F.V.Patil, the
learned counsel for the land-losers / private
respondents, are heard. Sri. Shivaprabhu Hiremath, the
learned Additional Government Advocate, is heard on
behalf of the Special Land Acquisition Officer and the
Special Deputy Commissioner. The details of the
petitions, the corresponding lands, the date of the
preliminary and the final notifications, date of the award
and date of the award are as follows1:
Sl. Writ Date of Preliminary Extent of Land Date of
No. Petition and Final Award and
Notifications the amount
awarded
1 101820/ • 15/10/2003 Sy.No.184/3, 08 03/05/2006
2021 Gazetted on guntas, Neshvy Rs.37,000/-
13/11/2003 Village, per Acre-Dry
Hirekerur Taluk, Land,
• 10/11/2004 Haveri District. Rs.55,000/-
, Gazetted per Acre-Wet
06/01/2005 Land.
2 101818/ • 11/02/2005 Sy.No.195, 09 03/12/2008
2021 Gazetted guntas, Neshvy Rs.45,000/-
24/03/2005 Village, per Acre-Dry
Hirekerur Taluk, Land,
• 19/04/2007 Haveri District. Rs.67,500/-
per Acre-Wet
Land.
3 103898/ • 02/01/2003 Sy.No.75/1A and 22/06/2005
2021 Sy.No.75/1, Rs.35,000/-
• 20/11/2003 01Acre 33 per Acre-Dry
guntas, Mavintop Land,
Village, Rs.52,500/-
Hirekerur Taluk, per Acre-Wet
Haveri District. Land.
4 103899/ • 02/01/2003 RS 22/06/2005
2021 No.61/1B+3+4/1 Rs.35,000/-
• 20/11/2003 +2, 3 Acre 28 per Acre-Dry
guntas, Mavintop Land,
Village, Rs.52,500/-
Hirekerur Taluk, per Acre-Wet
Haveri District. Land.
5 103903/ • 02/01/2003 Sy.No.75/2A and 22/06/2005
2021 Sy.No.75/2C, 2 Rs.35,000/-
• 20/11/2003 acre 4 guntas per Acre-Dry
and 8 guntas Land,
respectively, Rs.52,500/-
Mavintop Village, per Acre-Wet
1 These details are extracted as furnished by the learned
counsel for the petitioner and is accepted as true by the
learned counsel for the respondents
Hirekerur Taluk, Land.
Haveri District.
6 103905/ • 10/10/2002 Sy.No.39/1, 18 16/03/2006
2021 guntas, Rs.36,000/-
• 05/06/2003 Guddaguddapur per Acre-Dry
a Village, Land,
Ranebennuru Rs.54,900/-
Taluk, Haveri. per Acre-Wet
Land.
7 103909/ • 09/08/2004 Sy.No.9/1X-3, 1 30/08/2007
2021 acre 7 guntas, Rs.34,000/-
• 09/09/2005 Aladkatti Village, per Acre-Dry
Gazetted Ranebennur Land,
29/12/2005 Taluk, Haveri. Rs.51,000/-
per Acre-Wet
Land.
8 103913/ • 26/12/2002 Sy.No.46/2A/1, 21/02/2006
2021 Gazetted 17 guntas, Rs.34,000/-
06/02/2003 Chikkabbar per Acre.
Village,
• 10/09/2003 Hirekerur Taluk,
Gazetted Haveri.
02/10/2003
9 103915/ • 16/02/2003 Sy.No.46/3A/2+ 21/02/2006
2021 3B, 24 guntas, Rs.34,000/-
• 10/09/2003 Chikkabbar per Acre.
Village,
Hirekerur Taluk,
Haveri.
3. Admitted Facts: The landlosers-
respondents have submitted their applications for
redetermination of the compensation under Section 28A
of the Land Acquisition Act in terms of the details as
found in the tabulation (supra). The Special Land
Acquisition Officer has adjudicated on the question of
redetermination by similar but separate orders of even
date and has issued notice of the hearing while
simultaneously forwarding the finalized award for
approval by the Special Deputy Commissioner. The
notices are issued on the same date as the date of the
Special Land Acquisition Officer's award of
redetermination. The said notices and the awards are
dated 13.02.2020.
4. In terms of such notice, the petitioner had to
appear before the Special Deputy Commissioner on
17.02.2020, the scheduled date of hearing. The
petitioner has responded to this notice in writing by its
response dated 17.02.2020. The petitioner's response
in each of these cases is common. The Special Deputy
Commissioner has thereafter accorded the approval in
terms of the approval order dated 20.02.2020.
5. Admitted propositions: The beneficiary
would be an interested person as contemplated under
Section 28(2) of the Land Acquisition Act and therefore
must be given a reasonable opportunity of hearing
before the compensation under the provisions of Section
28A(1) is redetermined. In support of this proposition,
reliance is placed on the decision of the Hon'ble
Supreme Court in Babua Ram and Others Vs. State of
Uttar Pradesh and Another2 and the decision of
a Co-ordinate Bench in Writ Petition No.15303/2020
and connected writ petitions3.
6. Questions canvassed: Sri.D.N.Nanjunda
Reddy and Sri.F.V.Patil, as also the learned counsel
supporting Sri.F.V.Patil, submit that the following two
questions must be considered:
[a] Whether the notice issued on
13.02.2020 by the office of the Special
Land Acquisition Officer after the
finalization of the re-determination
award would constitute a notice of
enquiry and the enquiry before the
Special Deputy Commissioner would be
2 (1995) 2 SCC 689
3 Which are disposed of on 02.02.2021
an enquiry as contemplated under the
provisions of Section 28A(2) of the Land
Acquisition Act, 1894.
[b] If the Special Land Acquisition Officer's
notice dated 13.02.2020 would indeed
be a notice of enquiry, whether the
petitioner's response in terms of its
reply dated 17.02.2020 (Annexure-R2)
would be construed as participation in
the enquiry.
7. In addition to these questions Sri.F.V.Patil
submits that because of the circumstances in which the
Special Land Acquisition Officer has finalized the
redetermination award, the petitioner cannot complain
of lack of opportunity.
8. Submission on behalf of the petitioner:
Sri.D.N.Nanjunada Reddy submits that the
redetermination of the compensation is by the Special
Land Acquisition Officer and any notice of enquiry or
enquiry to meet the requirements of Section 28A[2] of
the Land Acquisition Act, must be before the
proceedings before the Special Land Acquisition Officer
are concluded. In the present case the Special Land
Acquisition Officer after conclusion of enquiry and
finalization of draft redetermination award has issued
notice of hearing scheduled to be held by the Special
Deputy Commissioner and this cannot satisfy the
requirements of Section 28A(2) either as regards notice
or an enquiry. He submits that the enquiry must be by
the Special Land Acquisition Officer and not by the
Special Deputy Commissioner relying upon the decision
of this Court in Writ Petition No.103554/2013 and the
connected cases4.
9. Sri.D.N.Nanjunda Reddy further submits
that if the petitioner was given due notice of enquiry
and an opportunity to participate in the enquiry before
the Special Deputy Commissioner, the petitioner could
have demonstrated that some of the applicants are not
4 Which are disposed of on 11th September 20194
actual land owners who have lost the lands in
acquisition proceedings; that though dry lands have
been acquired and compensation at the first instance is
awarded on such basis, the redetermination is sought
for on the ground that the corresponding lands are wet
lands. He emphasizes that these would be material
circumstance for the Special Land Acquisition Officer in
re-determining the compensation under Section 28A of
the Land Acquisition Act.
10. Sri.D.N.Nanjunda Reddy also submits that
the Special Land Acquisition Officer has determined the
award computing interest from the date of the award
notwithstanding the fact that the applications for
redetermination are filed in the year 2010-13 and the
redetermination process is delayed for reasons that
cannot be attributed to the petitioner; if the petitioner
cannot be held accountable for the delay, the petitioner
cannot be saddled with interest. Sri.D.N.Nanjunda
Reddy is categorical that though it is settled that upon
redetermination of compensation the interest is payable
from the date of the award, the question whether
beneficiaries should be saddled with the responsibility
to pay interest for the delay in the redetermination
process though the delay cannot be attributed to the
petitioners is not settled. He submits that this question
is not considered as of now either by this Court or by
the Apex Court, and hence the petitioner would have
had an opportunity to canvass that it could not have
been called upon to pay interest from the date of the
award.
11. Submission on behalf of the respondents:
Sri.F.V.Patil and the other learned counsels for the
land-losers submit that the officials of the petitioner
have participated in the proceedings before the Special
Land Acquisition Officer and they are categorical that
the subject lands are comparable with the lands where
compensation is enhanced and they have also stated
that the appeals, filed in similar circumstances, would
be withdrawn and the amount settled. Sri.F.V.Patil
relies upon the reference to certain correspondences
with the Special Land Acquisition Officer and also
certain correspondences produced separately with the
memo to bolster these submissions.
12. Sri.F.V.Patil further submits that the
petitioner, responding to the Special Land Acquisition
Officer's show cause notice dated 13.02.202, has placed
on record that its concerned official has visited the
respective lands and verified from the land owners that
the subject lands and the lands for which the enhanced
compensation is awarded are similar lands cultivated
for similar crops. Sri. F.V. Patil urges that the
petitioner, as is obvious from this response dated
17.02.2020, has not only admitted the similarity
between the corresponding lands but has also expressed
a willingness for enhancement which would be in
consonance with the consistent stand not to prosecute
the appeal in similar cases and release compensation.
13. Submission in Rejoinder:
Sri.D.N.Nanjunda Reddy submits that even for
arguments' sake, the Special Land Acquisition Officer's
notice dated 13.02.2020 is construed as a notice under
Section 28A(2) of the Land Acquisition Act and the
petitioner's response thereto on 17.02.2020 as some
expression of willingness, that cannot be construed as a
conclusive stand by the petitioner on the
landlords/respondents' claims for re-adjudication
because the concerned Engineer has clarified that the
necessary details as regards the similarity will have to
be obtained from the office of the concerned
department. He submits that this caveat demonstrates
that the petitioner was not informed that the enquiry for
redetermination was completed.
14. Reasoning by this Court: A Co-ordinate
Bench of this Court in Writ Petition No.103554/2013
and the connected cases5 has considered the question
whether the approval of Deputy Commissioner is
mandatory while passing an award of redetermination
under Section 28A of the Land Acquisition Act. This
Court has considered this question in the light of the
challenge to the circular dated 13.09.2010 issued by the
State of Karnataka stipulating that the Special Land
Acquisition Officer must obtain approval of the Deputy
Commissioner before the redetermination. This Court
has held that such circular is impermissible and
ultravires the Land Acquisition Act opining that the
legislature has not incorporated the requirement of
approval insofar as redetermination of award under
Section 28A of the Land Acquisition Act while the
requirement of approval of award under Section 11 of
Land Acquisition Act is stipulated.
5 IBID5
15. This Court has held as follows:
"In the light of these judgments, it is clear
that the legislature has not expressly
incorporated the approval of the award by the
Deputy Commissioner as contemplated under
Section 11 of the Act to Section 28A of the Act.
The intendment of the legislature is
unambiguous and does not permit to import the
requirement of Section 11 to Section 28A of the
Act.
It is settled legal position that the Court
cannot add anything into statutory provision
which is unambiguous. The intention of the
legislature must be gathered in the words used
by the legislature. The executive usurping the
power to direct the Deputy Commissioner to
approve the award passed under Section 28A of
the Act would be nothing but over reaching the
domain of legislature which is not permissible.
No violence can be done to the words to achieve
the obvious intention and produce a rational
construction."
16. The provisions of Section 28A of the Land
Acquisition Act read as under:
28A. Re-determination of the amount of
compensation on the basis of the award of the
Court. - (1) where in an award under this part,
the court allows to the applicant any amount of
compensation in excess of the amount awarded
by the collector under section 11, the persons
interested in all the other land covered by the
same notification under section 4, sub-section (1)
and who are also aggrieved by the award of the
Collector may, notwithstanding that they had
not made an application to the Collector under
section 18, by written application to the Collector
within three months from the date of the award
of the Court require that the amount of
compensation payable to them may be re-
determined on the basis of the amount of
compensation awarded by the court:
Provided that in computing the period of three
months within which an application to the
Collector shall be made under this sub-section,
the day on which the award was pronounced
and the time requisite for obtaining a copy of the
award shall be excluded.
(2) The Collector shall, on receipt of an
application under sub-section (1), conduct an
inquiry after giving notice to all the persons
interested and giving them a reasonable
opportunity of being heard, and make an award
determining the amount of compensation
payable to the applicants.
(3) Any person who has not accepted the award
under sub-section (2) may, by written application
to the Collector, require that the matter be
referred by the Collector for the determination of
the Court and the provisions of sections 18 to 28
shall, so far as may be, apply to such reference
as they apply to a reference under section 18.
17. The provisions of Section 28A(1) of the Land
Acquisition Act enable a person to seek redetermination
of the award notwithstanding that an application under
Section 18 of the Land Acquisition Act is not filed
provided, if an application is filed within three [3]
months from the time as mentioned therein, with the
proviso thereto stipulating how the period of three [3]
months must be computed. The provisions of Section
28A(2) stipulates that the Collector (in the present case
the Collector would be the Special Deputy
Commissioner) shall on the receipt of the application
under sub-section (1), conduct an enquiry after giving
notice to all persons interested and giving them a
reasonable opportunity of being heard before making an
award determining the amount of compensation payable
to the applicants.
18. In the light of these provisions there cannot
be any dispute that in terms of this requirement under
Section 28A(2) of the Act, the petitioner is entitled for
notice and a reasonable opportunity of hearing.
However, it is argued that the notices issued by the
Special Land Acquisition Officer simultaneously with
the finalization of the redetermination must be
construed as notice that is contemplated under Section
28A(2) of the Land Acquisition Act.
19. If the effective enquiry should be by the
Special Land Acquisition Officer and if the requirement
of seeking approval from the Special Deputy
Commissioner is held to be violative of the provisions of
the Land Acquisition Act, this Court must opine that
perforce the notice of the hearing as contemplated
under the provisions of Section 28A(2) of the Land
Acquisition Act must be before the enquiry is held by
the Special Land Acquisition Officer. It is not disputed
that the Special Land Acquisition Officer has finalized
the redetermination of the award proceedings and then
it is placed before the Special Deputy Commissioner for
approval while issuing notice of enquiry. This Court
must conclude that neither the enquiry by the Special
Deputy Commissioner nor the Special Land Acquisition
Officer's notice dated 13.02.2020 can pass the
requirement under Section 28A(2) of the Act. The first
question is answered accordingly
20. As the first question is answered in favour
of the petitioner, the second question will have to be
held in favour of petitioner as well and the petitioner's
response dated 17.02.2020 cannot be construed as
participation in exercise of the rights envisaged under
the provisions of Section 28A(2) of the Land Acquisition
Act. Even otherwise, on consideration of the petitioner's
response, this Court is of the considered view that the
petitioner's response being qualified by the condition
that necessary information must be obtained from the
concerned department, the petitioner cannot be found
to either acceding to the award or waiving the
requirement of notice or opportunity of hearing.
21. Sri.F.V.Patil, the learned counsel for the
petitioner has taken this Court through certain
correspondences referred to in the Special Land
Acquisition Officer's order to bolster the submission
that the petitioner's officers have participated in the
proceedings held by the Special Land Acquisition Officer
and the Special Deputy Commissioner with regard to
the redetermination. But in the considered opinion of
this Court, such participation, even if any, cannot be
accepted as meeting the requirement of a notice and
opportunity to participate in the enquiry in the absence
of a notice issued for the specific claims of land
owners/respondents. In fact in the minutes of the
meeting on 11.02.2020, a document relied upon by
Sri.F.V.Patil though there is reference to 36 proceedings
which includes the proceedings initiated on the
application filed by the present land
owners/respondents, the reference is only to the
redetermination by the Special Land Acquisition Officer
and the approval thereof pending before the Special
Deputy Commissioner.
22. This Court is not persuaded to opine that
the petitioner was given notice insofar as the
applications filed by the present land
owners/respondents. As such, this Court is of the
considered view that the impugned redetermination by
the Special Land Acquisition Officer and the approval by
the Special Deputy Commissioner dated 13.02.2020
and 20.02.2020 respectively must be quashed and the
proceedings restored to the Special Land Acquisition
Officer to re-consider the question of redetermination of
award. Therefore the following:
Order
(a) The impugned Annexure-E and E1
dated 20.02.2020 and 13.02.2020 in each of
the petition stand quashed and the
proceedings restored to the Special Land
Acquisition Officer for re-consideration.
(b) The petitioner and the land owners/
respondents shall appear before the Special
Land Acquisition Officer without further
notice on 21.03.2022 and the Special Land
Acquisition Officer shall complete the
proceedings expeditiously within an outer
limit of four [4] months from 21.03.2022.
(c) It is needless to observe that the
petitioner and the land owners/respondents
shall co-operate with and assist the Special
Land Acquisition Officer in expeditious
disposal of the proceedings.
(d) It is needles to observe that all
contentions are kept open.
Sd/-
JUDGE
RH/KMS
