Writ Petition No. 49943 of 2018 · The High Court
Case Details
- 1 - NC: 2025:KHC:3255 WP No. 49943 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 49943 OF 2018 (LA-RES) BETWEEN: SMT G. RESHMA D/O B R GOPALA SWAMY, AGED ABOUT 37 YEARS, BIDADI MAIN ROAD, BIDADI TOWN-562 109, RAMANAGARA TALUK, RAMANAGARA DISTRICT. (BY SRI. J. SANTOSH PRASAD, ADVOCATE) ...PETITIONER Digitally signed by SUMA B N Location: High Court of Karnataka AND: 1. STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY, VIDANA SOUDA BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER RAMANAGARA DISTRICT RAMANAGARA-562 159. 3. THE LAND ACQUISITION OFFICER AND ASST. COMMISSIONER RAMANAGARA SUB DIVISION RAMANAGARA-562 159. 4. THE MANAGING DIRECTOR KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 1ST FLOOR, NO.16/J, - 2 - NC: 2025:KHC:3255 WP No. 49943 of 2018 THIMMAIAH ROAD CROSS MILLER TANK BED AREA VASANTH NAGARA BENGALURU-560 001. 5. THE EXECUTIVE ENGINEER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., "SAMPARKA SOUDHA" SURVEY NO.8 (BEP PREMISES) DR RAJKUMAR ROAD, RAJAJINAGAR 1ST BLOCK BENGALURU-560 010. 6. DEPARTMENT OF PUBLIC WORKS PORT AND INLAND WATER WAYS GOVERNMENT OF KANRATAKA NATIONAL HIGHWAYS SUB DIVISION K.R. CIRCLE, BENGALURU-560 001 REP. BY ITS SECRETARY. 7. TOWN MUNICIPAL COUNCIL BIDADI TOWN BIDADI - 562 109. ...RESPONDENTS
Legal Reasoning
(BY SMT. B. SUKANYA BALIGA, AGA FOR R1 TO R3 AND R6; SRI. V.B. VIJAYAKUMAR, ADVOCATE FOR R4 AND R5; SRI. HARISH H.V. ADVOCATE FOR R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS TO THE RESPONDENTS TO INITIATE ACQUISITION PROCEEDINGS AND PAY THE COMPENSATION AND DAMAGES TO THE PROPERTY IN QUESTION FOR HAVING ALREADY MADE USE OF BY THEM IN FORMATION OF THE ROAD AND DRAINAGE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:3255 WP No. 49943 of 2018 CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner claiming to be the owner of property bearing No.357/633/645/1/633/646 with dimension of 50x60 feet toally measuring 3000 sq. ft., situated at Bidadi Main Road is before this Court contending that she has put up a building consisting of shops measuring North to South 20 ft and East to West 50 ft which is currently abutting Bangalore Mysore Highway passing through Bidadi and that the respondent authorities have utilised the front portion of the aforesaid property facing the National Highway and have laid road and footpath thereon without initiating the process of acquisition and consequently seeking following relief: "Issue writ of mandamus to the Respondents to initiate acquisition proceedings and pay the compensation and damages to the property in question for having already made use of by them in formation of the Road and Drainage". 2. Learned counsel for the petitioner reiterating the averments made in the petition at the outset submits that though portion of the land belonging to the petitioner has been utilized as above, despite repeated requests to the respondent - 4 - NC: 2025:KHC:3255 WP No. 49943 of 2018 authorities, she has not been given any specific information as to which of the authorities/respondents have actually used/utilized the property belonging to the petitioner. He further submits the property belonging to one M.Siddappa, S/o Maranna which is situated on the western side of the property of petitioner was also utilised for the aforesaid purpose and that the said M.Siddappa has been granted compensation as found at Annexures H and J to the writ petition. Thus, he submits when the authorities could grant compensation to the immediate neighbour of the petitioner for having utilized her portion of the land which is similarly and identically situated as that of the land of petitioner respondent authorities could not have denied the case of the petitioner for grant of compensation. 3. Learned AGA submits that the case of the petitioner will be reconsidered and if it is found that any portion of her land is utilized as alleged appropriate orders would be passed as contemplated under law for payment of compensation. 4. Heard and perused the records. - 5 - NC: 2025:KHC:3255 WP No. 49943 of 2018 5. The vehement contention of the petitioner is that when the respondent authorities have apparently acquired the land bearing Khaneshumari No.645 belonging to Sri.Siddappa S/o Maranna, to an extent of 735 sq. ft. which is situated immediately adjacent to the property of the petitioner and have paid the compensation thereof, no reason of any nature is assigned for non consideration of the case of the petitioner for payment of compensation in respect of her portion of the land utilised for formation of road and footpath. 6. One another contention urged by the learned counsel for petitioner is that none of the respondent authorities are giving any clarity as to who has acquired/utilized the portion of the property belonging to the petitioner for the purpose of formation of road and footpath as noted above.
Decision
7. In view of the above fact situation of the matter and in the fitness of things this Court is of the considered view that it is necessary to relegate the petitioner to the office of the Deputy Commissioner, Ramanagara, respondent No.2 herein, with the following directions: - 6 - NC: 2025:KHC:3255 WP No. 49943 of 2018 (i) Petitioner to make a representation along with necessary documents putting forth her case regarding respondent authorities utilizing her property for formation of service road and footpath as claimed within 30 days from the date of receipt of certified copy of this order. (ii) Deputy Commissioner shall ascertain if Sri.Siddappa the owner of property bearing Khaneshumari No.645, which is stated to be situated adjacent to the property of the petitioner has been paid compensation as per Annexures-H and J of the writ petition and if so, shall also ascertain if the property belonging to the petitioner has been acquired or not. (iii) Deputy Commissioner shall also ascertain as to which of the authorities have acquired the property of the petitioner inasmuch as petitioner has not been given specific answer by the authorities who have utilized the property for formation/extension of service road and footpath. - 7 - NC: 2025:KHC:3255 WP No. 49943 of 2018 (iv) If it is found that the property of the petitioner has indeed been utilized for the purpose of formation of service road/footpath as above, the Deputy Commissioner shall pass appropriate orders determining the compensation either himself or through competent officer of the concerned department. (v) The aforesaid exercise shall be undertaken and order in this regard be passed containing the details as stated above within an outer limit of three months from the date of receipt of certified copy of this order. Petition is accordingly disposed of. Sd/- (M.G.S. KAMAL) JUDGE SBN List No.: 2 Sl No.: 0