Karnataka High Court
Poojya Dr Sharanabasvappa Appa vs The State Of Karnataka And Ors on 15 November, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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WP No. 202803 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 15TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 202803 OF 2024 (LA-RES)
BETWEEN:
POOJYA DR SHARANABASVAPPA APPA
AGE. 89 YEARS, OCC. 8TH PEETHADHIPATI OF
SHANABASAVESHWAR SAMSTHANA/ TRUSTEE OF POOJYA
DR SHANABASVAPPA APPA FAMILY TRUST OF
SHARANABASAVESHWAR SAMSTHANA/ PRESIDENT
SHARANABASVESHWAR VIDYA VARDHAK SANGHA/
CHANCELLOR, SHARANABASVA UNIVERSITY,
R/O SHARANA NAGAR, KALABURAGI
...PETITIONER
(BY SRI. BRIJESH PATIL & SRI. A.M.NAGARAL, ADVOCATES)
Digitally signed
by SUMITRA AND:
SHERIGAR
Location: HIGH 1. THE STATE OF KARNATAKA,
COURT OF
KARNATAKA DEPARTMENT OF REVENUE M.S. BUILDING
BENGALURU-560001.
REPRESENTED BY ITS PRINCIPAL SECRETARY
2. THE STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT,
VIKAS SOUDHA BENGALURU-560001.
REPRESENTED BY ITS PRINCIPAL SECRETARY
3. THE DEPUTY COMMISSIONER
KALABURAGI-585102.
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WP No. 202803 of 2024
4. THE COMMISSIONER
CITY CORPORATION KALABURAGI-585102.
...RESPONDENTS
(SMT. MAYA T.R., H CGP FOR R1 TO R3;
SRI. KRUPA SAGAR PATIL, ADV. FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE (a)
ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER
APPROPRIATE WRIT, DIRECTION, DIRECTING THE RESPONDENT TO
ACQUIRE THE PROPERTY IN QUESTION I.E CTS NO. 2216/19 TO THE
EXTENT OF TOWARDS GODUTAI COLLEGE 1/2 5.30 4.0 21.20
SQM, 1/2 0.30 0.80 0.12 SQM 21.30 SQM OR 135.0 SQ. FEET
SITUATED AT SHARANA NAGAR, KALABURAGI, UNDER THE
PROVISIONS OF RIGHT TO FAIR COMPENSATION AND
TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND
RESETTLEMENT ACT 2013 AND ACCORDINGLY PAY THE MONETARY
COMPENSATION TO THE PETITIONER TO WHICH HE IS LEGALLY
ENTITLED TO IN THE INTEREST OF JUSTICE, ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR)
1. In this petition, the petitioner seeks the following
reliefs:
"Issue a writ in the nature of mandamus or any
other appropriate writ, direction, directing the
respondent to acquire the property in question i.e CTS
No.2216/19 to the extent of "towards godutai college 1/2
X5.30 X 4.0 = 21.20 sqm, 1/2 X 0.30 X 0.80 X 0.12
sqm, 21.30 sqm or 135.0 sq. feet" situated at Sharana
Nagar, Kalaburagi, under the provisions of right to fair
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compensation and transparency in land acquisition,
rehabilitation and resettlement Act, 2013, and
accordingly pay the monetary compensation to the
petitioner to which he is legally entitled to in the interest
of justice."
2. Heard the learned counsel for the petitioner and
the learned counsel for the respondents and perused the
material on record.
3. In addition to reiterating the various contentions
urged in the petition and referring to the material on record,
learned counsel for the petitioner invited my attention to the
sketch at Annexure-D1 in order to point out that a portion of
the land belonging to the petitioner was illegally taken over
and utilized by the respondent No.4-Corporation for the
purpose of formation of the road without initiating acquisition
proceedings and without following due process of law and as
such, it is necessary to issue directions to the respondent
No.4 to initiate acquisition proceedings under the Right to
Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (for short 2013
Act) and pay compensation in favor of the petitioner as
expeditiously as possible.
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4. In this context, learned counsel invited my
attention to the communication at Annexure-D, dated
16.07.2022 issued by the respondent No.4-Corporation to
the petitioner, whereby the respondent No.4 itself has
recognized, admitted and confirmed that the said subject
land belongs to the petitioner.
5. Learned council also placed reliance upon the
Judgment of this court in the case of Sri. Ajeet S/o. Babu
Saliyan and others Vs. The State of Karnataka and
others in W.P.No.206277/2016, dated 11.07.2023,
whereby the Vijayapur Corporation under identical
circumstances was directed to pay compensation in favor of
the land losers and the same having been confirmed by the
Hon'ble Division Bench in W.A.No.200150/2023 and
connected matters, dated 20.09.2024, since the corporation
therein did not comply with the said directions, the writ
petitioners/land losers initiated civil contempt proceedings in
CCC No.2037/2024 dated 20.09.2024 in which the
respondent No.4 the Revenue Secretary has admitted and
undertaken to pay compensation in favor of the land losers
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by initiating acquisition proceedings in accordance with the
2013 Act. It is also submitted that the petitioners valuable
constitutional right under Article 300-A of the Constitution of
India, having been infringed and violated as held by the
Hon'ble Apex Court in the case of Tukaram Kana Joshi and
others Vs. MIDC and others, reported in AIR 2013 SC
565, and Kolkota Municipal Corporation Vs. Bimal
Kumar Shah, reported in (2024) 5 SCR 831, the
necessary directions are to be issued to the Respondents to
initiate acquisition proceedings and pay compensation in
favour of the petitioner as expeditiously as possible.
6. Per contra learned counsel for the respondent
No.4 and learned HCGP for respondent Nos.1, 2 and 3 would
submit that there is no merit in the petition and that the
same is liable to be dismissed.
7. As rightly contended by the learned counsel for
the petitioner, a perusal of the sketch at Annexure-D1 issued
by the Respondent-Corporation itself coupled with the
communication at Annexure-D dated 16.07.2022 will clearly
indicate that the subject land has been taken over and
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utilized by the respondent No.4 Corporation without initiating
acquisition proceedings and without following due process of
law and in the light of the Judgments of the Apex Court and
the Honorable Division Bench of this Court referred to supra,
it would be just and appropriate to direct the respondents to
pay compensation in favour of the petitioner by initiating
acquisition proceedings in respect of the subject land within
a stipulated time frame.
8. Accordingly, I pass the following:
ORDER
(i) The writ petition is allowed;
(ii) The respondents are directed to initiate
acquisition proceedings in relation to the
subject land bearing CTS No.2216/19 to the
extent of "towards godutai college 1/2 X5.30
X 4.0 = 21.20 sqm, 1/2 X 0.30 X 0.80
X 0.12 sqm, 21.30 sqm or 135.0 sq. feet"
situated at Sharana Nagar, Kalaburagi,
under the provisions of Right to Fair
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Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement
Act, 2013, within a period four months from
the date of receipt of a copy of this order
and accordingly pay compensation and
damages in terms of the aforesaid decision
in favor of the petitioner.
(iii) Respondents are also directed to pay
damages in favour of the petitioner, in
accordance with law.
Sd/-
(S.R.KRISHNA KUMAR)
JUDGE
SVH
