SMT. LAXMIBAI v. THE SPECIAL LAND ACQUISITION OFFICER

(BY SMT. KIRTILATA R. PATIL, HCGP) …PETITIONER …RESPONDENT Digitally signed by MANJANNA E Location: High Court of Karnataka ISSUED BY THE RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, 1950, PRAYING TO, ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED ENDORSEMENT DATED IN KRAMANKA. 10.04.2023 VIBHOOSWAA/BILAGI/2022-23 VIDE ANNEXURE-F, THE IN INTEREST OF JUSTICE AND EQUITY. ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT TO ACQUIRE THE EXTENT OF 6 GUNTHAS OF LAND BELONGING TO THE PETITIONER IN RS NO. 169/ IN MUDHOL UNDER THE PROVISIONS OF THE RIGHT TO FAIR COMPENSATION AND THE RIGHTS TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION AND REHABILITATION AND RESETTLEMENT ACT, 2013 AND TO PAY TO THE PETITIONER COMPENSATION AND ALL CONSEQUENTIAL BENEFITS WITH APPLICABLE RATE OF INTEREST FROM THE DATE OF TAKING POSSESSION IN RESPECT OF THE SAID LAND, IN THE INTEREST OF JUSTICE AND EQUITY. - 2 - NC: 2024:KHC-D:6370 WP No. 101720 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Petitioner has approached this court for issuance of writ in the nature of certiorari to quash the impugned endorsement dated 10.04.2023 issued by the respondent as per Annexure-F.

Heard the learned counsel Sri. Girish A.Yadawad for the petitioner and learned HCGP for the respondent.

Learned counsel for the petitioner submitted that the petitioner was the owner of the land measuring 3 acres 7 guntas in R.S.No.169/3+4/B/1 of Mudhol village. One gunta of land was already acquired by issuing notification. Later, another notification was issued for acquisition of 3 acres of land for Upper Krishna Project (UKP). Therefore, 6 guntas of land is remaining with the petitioner. However, the respondent got mutated the revenue records even in respect of 6 guntas of land in the name of Special Land Acquisition Officer, UKP. Therefore, the petitioner submitted a representation making it clear - 3 - NC: 2024:KHC-D:6370 WP No. 101720 of 2024 that only 3 acres of land was proposed to be acquired for UKP and the petitioner is entitled for compensation for remaining 6 guntas of land. However, the respondent has issued endorsement as per Annexure-F, stating that the said 6 guntas of land, even though not acquired, is pot kharab and therefore, no compensation is payable.

Learned counsel submitted that record of rights produced as per Annexures-A and D disclose that there is no pot kharab in the said survey number. Learned counsel further submitted that respondent has forcibly taken possession of 6 guntas of land even without acquisition and therefore, respondent may be directed to determine the compensation, in accordance with law. Therefore, he prays for allowing the petition by quashing the impugned endorsement produced as per Annexure-F in the interest of justice.

Per contra, learned HCGP opposing the petition submitted that even though there is no reference to pot kharab land in the revenue records, copy of Form No.11 - 4 - NC: 2024:KHC-D:6370 WP No. 101720 of 2024 produced before the court refers 6 guntas of land classified as kharab land. Even Revision Settlement Akarband related to the entire land in Sy.No.269, the extent of kharab land is highlighted. Therefore, it cannot be said that 6 guntas of land was not pot kharab land. Under such circumstances, the petitioner is not entitled for any relief. Accordingly, she prays for dismissal of the petition.

Perused the material on record. It is not in dispute land bearing R.S.No.169/3+4/B/1 of Mudhol village totally measuring 3 acres 7 guntas. Out of which, 1 gunta of land is already acquired under a notification. Subsequently, another notification was issued and 3 acres of land was acquired for UKP Project. Thus, 6 guntas of land was remaining in the said survey number. Now, it is the contention of the petitioner that without acquiring the said 6 guntas of land, the respondent has forcibly made use of the land and when the petitioner submitted a representation seeking compensation, the impugned endorsement was issued to - 5 - NC: 2024:KHC-D:6370 WP No. 101720 of 2024 the effect that the said 6 guntas of land is pot kharab and no compensation is payable to the petitioner.

Annexure-B is the record of rights of the year 2011-12. According to which, the total extent of land in R.S.No.169/3+4/B/1 of Mudhol village is 3.07 acres. Out of which, 3.01 acres was acquired by the respondent and the remaining 6 guntas of land was standing in the name of the petitioner. Annexure-C is the mutation entry No.1166 mutating the name of the petitioner in respect of 6 guntas of land in R.S.No.169/3+4/B/1. Annexure-B is the record of rights for the year 2023-24 showing the name of the SLAO in respect of said 6 guntas of land, deleting the name of the petitioner. Annexure-E is the representation submitted by the petitioner for payment of compensation in respect of 6 guntas of land and Annexure-F is the endorsement issued by the SLAO to the effect that since 6 guntas of land referred to above is pot land, the petitioner is not entitled for any compensation. There is absolutely no basis to classify 6 - 6 - NC: 2024:KHC-D:6370 WP No. 101720 of 2024 guntas of land as pot kharab. The revenue records produced by the petitioner as per Annexure-B did not disclose 6 guntas of land as pot kharab. Moreover, the name of the petitioner was mutated as per Annexure-C as the owner in possession of the land measuring 6 guntas.

Learned HCGP produced copy of Form No.11 to contend that 6 guntas of land is pot kharb. This document is issued during April, 2024. It is not made clear as to what was the basis for classifying this 6 guntas of land as pot kharab and there is absolutely no explanation as to why there is no reference to pot kharab in the revenue records. If at all, 6 guntas of land was pot kharab land, how the name of the petitioner was came to be mutated in the revenue records as per Annexure-C. Therefore, I do not find any reasonable ground for deleting the name of the petitioner and entering the name of the SLAO in the revenue records as per Annexure-D. Learned HCGP submitted that land in question falls within the jurisdiction of SLAO, UKP, Bilagi and not SLAO, UKP, Jamkhandi. - 7 - NC: 2024:KHC-D:6370 WP No. 101720 of 2024