Shri. Manik Prabhu Samsthan ... vs The Special Land Acquisition ...
2022 Latest Caselaw 2555 Kant

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          IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

     DATED THIS THE 16TH DAY OF FEBRUARY, 2022

                        BEFORE

        THE HON'BLE MR.JUSTICE E.S.INDIRESH


       WRIT PETITION No.205800/2019 (LA-RES)

BETWEEN:

SHRI. MANIK PRABHU
SAMSTHAN MANIKNAGAR
TQ. HUMNABAD, DIST. BIDAR-585330,
BY ITS SECRETARY,
SHRI ANAND RAJ MANIK PRABHU

                                        ... PETITIONER

(BY SRI SACHIN M. MAHAJAN, ADVOCATE)

AND:

1.     THE SPECIAL LAND
       ACQUISITION OFFICER
       UPPER KRISHNA PROJECT,
       BHIMRAYAN GUDI,
       SHAHAPUR TALUKA,
       DIST. YADGIR-585223.

2.     THE DEPUTY COMMISSIONER
       YADGIR, YADGIR-585201.

3.     THE CHIEF MANAGING DIRECTOR
       KRISHNA BHAGYA JAL NIGAM LTD.,
       NO.30, NRUPATHUNGA ROAD,
       AMBEDKAR VEEDHI,
       SAMPANGIRAM NAGAR,
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      BANGALORE-560001.
4.    GENERAL MANAGER
      UPPER KRISHNA PROJECT,
      NAVANAGAR, BAGALKOT-587101.

5.    THE COMMISSIONER
      UPPER KRISHNA PROJECT,
      NAVANAGAR, BAGALKOT-587101.
                                             ... RESPONDENTS

(BY SMT. MAYA T.R., HCGP FOR R1, R2 & R5;
 SRI KRUPA SAGAR PATIL, ADVOCATE FOR R3)


      THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS TO PAY COMPENSATION TO THE PETITIONER
FOR   THE   LAND   SY.NO.615,      MEASURING     6   ACRES    32
GUNTAS, SY.NO.859, MEASURING 9 ACRES, 36 GUNTAS,
SY.NO.865   MEASURING     12       ACRES,   28   GUNTAS      AND
SY.NO.868 MEASURING 11 ACRES 25 GUNTAS, TOTALLY
MEASURING 41 ACRES 01 GUNTA SITUATED AT GOGI (K),
TQ. SHAHAPUR, OF SL.NO.16, 18 NO.17, 19 WHICH ARE
ALREADY ACQUIRED AND FOR WHICH NIL AWARD IS
PASSED IN FILE NO.LAQ.SR.18.91-92 VIDE ANNEXURE-D IN
THE LIGHT OF THE JUDGMENT DATED 15.06.2017 PASSED
BY THE LEARNED SENIOR CIVIL JUDGE AT SHAHAPUR IN LAC
NO.10/2009 VIDE ANNEXURE-U WITHIN A TIME FRAME OF
FOUR WEEKS AND ETC.,


      THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:-
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                           ORDER

Though this writ petition is listed for Orders, by the

consent of the parties, it is taken up for final disposal.

2. Heard the learned counsel appearing for the

parties.

3. In this writ petition, petitioner has sought for

direction to the respondents to pay compensation to the

petitioner in respect of the lands which are already

acquired. In this regard, petitioner has made

representation dated 17.05.2018 vide Annexure-V, to

respondent Nos.1 and 2. Learned counsel appearing for

the petitioner submits that respondent Nos.1 and 2 be

directed to consider the representation at Annexure-V.

4. Having heard the learned counsel appearing

for the parties, this Court is of the opinion that there is no

impediment for the respondent-authorities to consider the

representation of the petitioner in accordance with law.

5. Without expressing any opinion on the merits

of the case, the writ petition is disposed of directing

respondent Nos.1 and 2 to consider the representation of

the petitioner at Annexure-V, within an outer limit of three

months from the date of receipt of certified copy of this

order.

6. In addition to above observation, it is open for

the petitioner to file one more representation with all

particulars relating to the claim made by the petitioner and

the same shall be considered by the respondents in

accordance with law.

Sd/-

JUDGE

NB*