Smt Nanjamma vs State Of Karnataka
2024 Latest Caselaw 19168 Kant

Citation : 2024 Latest Caselaw 19168 Kant
Judgement Date : 31 July, 2024

Karnataka High Court

Smt Nanjamma vs State Of Karnataka on 31 July, 2024

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                                                        NC: 2024:KHC:30204
                                                     WP No. 19582 of 2024




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 31ST DAY OF JULY, 2024

                                          BEFORE
                 THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
                        WRIT PETITION NO. 19582 OF 2024 (KLR-LG)
                 BETWEEN:

                       SMT. NANJAMMA,
                       W/O LATE NINGE GOWDA,
                       AGED ABOUT 69 YEARS,
                       RESIDENT OF THIPPANAHALLI VILLAGE,
                       KUNDUR HOBLI, ALUR TALUK,
                       HASANA DISTRICT - 573 128.

                       REPRESENTED BY HER GPA HOLDER
                       SRI. Y.A. PRAKASH,
                       S/O LATE Y.D. APPASWAMY GOWDA.
                                                               ...PETITIONER
                 (BY SRI. M.J. ALVA, ADVOCATE)

Digitally        AND:
signed by
YAMUNA K L
                 1.    STATE OF KARNATAKA,
Location: High         REPRESENTED BY ITS PRINCIPAL SECRETARY,
Court of
Karnataka              DEPARTMENT OF REVENUE,
                       M.S. BUILDING, BENGALURU - 560 001.

                 2.    THE DEPUTY COMMISSIONER,
                       HASANA DISTRICT,
                       HASANA - 573 201.

                 3.    THE SPECIAL LAND ACQUISITION OFFICER,
                       HEMAVATHI RESERVOIR PROJECT,
                       DC OFFICE BUILDING,
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                                      WP No. 19582 of 2024




     HASANA - 573 201.

4.   THE ASST. COMMISSIONER,
     SAKALESHPURA SUB-DIVISION,
     SAKALESHPURA, HASANA DISTRICT - 573 134.

5.   THE TAHSILDAR,
     SAKALESHPURA TALUK,
     HASANA DISTRICT - 573 134.

6.   THE ASST. DIRECTOR OF LAND RECORDS,
     SAKALESHPURA TALUK,
     HASANA DISTRICT - 573 134.

7.   THE DEPUTY CONSERVATOR OF FOREST,
     HASANA DIVISION,
     HASANA - 573 201.

8.   THE INSPECTOR OF POLICE,
     CEN CRIME POLICE, DCRB DIVISION,
     HASANA - 573 201.
                                            ...RESPONDENTS
(BY SMT. B.P. RADHA, AGA)

      THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED    ORDER   NO.     LND/HRP(D).952/2017-18   DATED
24.03.2022 PASSED BY THE SPECIAL LAND ACQUISITION
OFFICER,   HEMAVATHI     RESERVOIR   PROJECT,   HASANA/R-3
CANCELING THE GRANT OF THE SCHEDULE PROPERTY MADE
IN FAVOUR OF THE PETITIONER WHICH IS PRODUCED AT
ANNX-A AND ETC.,
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                                             WP No. 19582 of 2024




        THIS    PETITION,    COMING     ON     FOR    PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM:        HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM


                            ORAL ORDER

The captioned petition is filed assailing the impugned

order dated 24.03.2022, passed by respondent

No.3/Special Land Acquisition Officer, Hemavathi Reservoir

Project, Hassan, as per Annexure-A.

2. The petitioner is aggrieved by the action of

respondent No.3 in canceling the grant on the premises

that the value of the grownup trees of the Forest

Department has not been fixed and the same has not been

paid by the petitioner. The said controversy is clearly

covered by the judgment rendered by this Court covering

the issue, which is the subject matter of the captioned

petition.

3. The co-ordinate bench in identical cases was of

the opinion that SLO cannot forfeit the granted land, which

is not preceded by the enquiry this Court in identical

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cases, on the ground that the orders are passed in

violation of the principles of natural justice, has remitted

the identical cases for fresh enquiry. The case on hand is

similar and identical to the one decided by this Court in

W.P.No.22750/2022. The order under challenge clearly is

in violation of principles of natural justice. The order of

cancellation of grant is a drastic step and therefore, the

order since not preceded by an enquiry is bad in law and

therefore, liable to be set aside. In that view of the

matter, the order under challenge is not sustainable.

4. For the for going reasons, this Court passes the

following:

ORDER

i. The writ petition is allowed; ii. The impugned order dated 24.03.2022, passed by respondent No.3/Special Land Acquisition Officer, as per Annexure-A, is hereby quashed and set aside; iii. The matter stands remanded back to the SLAO to have the value of the standing trees in the granted land assessed at the

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hands of the competent authority. Thereafter information shall be provided to the petitioner in terms of Rule 11 of the Rules, 1969, if the value is to be paid by the petitioner;

iv. On the other hand, if the valuation of the standing trees is more than Rs.5,000/, as provided in sub-rule (3) of Rule 11 of the Rules, 1969, then the SLAO shall have the trees removed in terms of the provisions contained in sub-rule (3) of Rule 11 of the Rules, 1969;

v. At any rate, the SLAO shall keep the petitioner informed of his decision having regard to the provisions contained in sub- rule (2) and sub-rule (3) of Rule 11 of the Rules, 1969;