High Court Karnataka High Court

Northwest Karnataka Road … vs Assistant Commissioner And … on 25 August, 2009

Karnataka High Court
Northwest Karnataka Road … vs Assistant Commissioner And … on 25 August, 2009
Author: N.Kumar & Gowda
IN THE HIGH COURT OF KARNATAKA CIRCUIT 

AT DHARWAD   

DATED THIS THE 25TH DAY OF AUGUST__,'2i:)M.{')'9:"'V~'   ~

PRESENT DA-_

THE HON'BLE MR. JUSTICE N} KUMA_R.:    

AND A ,, 
THE HON'BLE MRJUSTICE B_1SiREEN1vASESOO*.}vDA

Writ Petition N5. '4S4N9OdRAA¢f é:o?t3j2.t:K:,R)

Between:

NORTHWEST«KARNATAKA'= ROAD TRANSPORT
CORPORA'Ia'_ION "'    

REPRESENTED BY    D_

MANAGING DI,RECTO_R     '  "

GOKUL ROAD  _  

HUBLI.    A ..PE'1'ITIONER

(By   ADVOCATE)

 _ ASST'STAN'T 'COMMISSIONER AND SPECIAL LAND

V.ACQUfSITION OFFICER,

" M '   '  .,DHARwAD DIVISION, DHARWAD.

  TUKARAMSA TULJANSA JITURI

V   _W"0R, E/O.



R/O DAJIBANPETH,
MARPANAHALLI ROAD, HUBLI.
SINCE DECEASED BY HIS LRS.

2(a) SMT AMBUBA1
W/O.LATE T.T.JITURI
AGED ABOUT 65 YEARS,
R/O. DAJIBANPETH,
MARAPPANAHALLI ROAD, _
HUBL1 - 580024 * A

203) SURESH 
s/o.LATE T.T.J1TUR1,j>._ %    _ 
AGED ABOUT 45 YEARCX.   " '
R/0. DAJIBANPETH, '-   f 
MARAPPANAHALLI RQ'A'D"-it  A 
HUBLI--580     

2(c) JAYAC.HAND"7._--.  ,   G ~
S /O. LATE T.T.J;."w1"G,_  '- _
AGED AEQUT 43 YEAR'S_  
R/O. DAJIEANPETH3_'  
MAILAPPANAHALLI' ROAD

 -  HUBLI'; $80 024"  AAAAA .. ~

3.  ESHRISHAILAPPA ISHWARAPPA MIRJI
A E1MAJQ'R,'[«E. _ "  
OCC': SERVICE,
R/O««._DA.JIBA'NPETH,
IHUEL1. 

,:  '2..'T*TH'L."---..TAVHSILDAR

_ ' HUBL1,
   DHARWAD DISTRICT .. RESPONDENTS

T/A

(By Sri K.B.ADHYAPAK, ADDL. GOVT. ADVOCATE FOR-.R–1
AND R-2, SR1 F’.V.PATIL, ADVOCATE FOR R2(a) to Rzxe}-;.._SRI
ANDANIMATH, ADVOCATE FOR R-3) j » . , 1′ ..

This writ petition is filed under Articles _

the Constitution of India praying to.»quashjithe”‘d1’der._iVid-e

AnneXure–C dt. 11.07.1986 on I.A.No.VII_inj, 1V1tFAAN_de17to2VttAdf

1977 and 574 of 1978 Vide Annexure–DVa.i1._d”etC{‘– –.

This petition Coming on fOr–..1dearing 1\?;K1dmari”i

J ., delivered the following: _

9.._RI>Eted A

Learned Additional GOVefnn-iefnit takes notice

for respondents–1 iared

2. This pre’fe_r1’ed seeking quashing of the
order dated 11.1.07.1191861151111i’;~A’.ir~id.V11 in MFA No.702 of 1977
and MFA ;jNO.e574io’f end the award dated 11.07.1986 in

1\/iFA1iNO_,i;702fiiiiiOef and MFA No.574 of 1978 passed by this

C0u1;1~&1i$–_pei*’ and D and for other consequential

i

-4-

3. The petitioner is a Corporation established under the

provisions of the Road Transport Corporation

Lands bearing Sy.Nos.15/2 measuring 4 acres

guntas, Sy.No.15/3 measuring 3 ” and’

belonging to respondent No.2 and

acres and 9 guntas belonging to respondent” allgsituated
at Jangamarakoppa Villageigof by
the State for the benefit of purpose of
establishing a staff quarters.

belliissued under Section 4( 1)
on by Section 6 notification.

Possession’ ofgthlei taken on 27.02.1960. The Land
an award on 25.03.1963 awarding

comp’en’s’atio’1’i7of/~ per acre in respect of Sy.Nos.15/4

Rs.iI;50{):«>’lper acre in respect of the other survey

Re’spondents–2 and 3 and other claimants filed an

under Section 18(1) of the Land Acquisition Act

reference to the Court of the Civil Judge for

i,

granted under Section 23(l)(a) as well as the enhancenie-nt of

solatiurn. Even when the said application was taker;

consideration the petitioner was not madeV__ga”s_

Petitioner was not heard. However, _Ath;o’s_e ‘7Aa.n_1er1d_nieAnt’

applications were allowed and the_”benefi_tdof

given to these claimants. Thereafter, the clairnahtsiinitiated
execution proceedings in oiiflH1é86. On
coming to know of filed an
application allowed by the
executing by the said order,
claimants pfeigredicoiéiifie’;-r«:.si262 of 1987 and CRP No.5263
of 1987′ h-e’I’ore revision petitions were allowed.
jieipplieationlslliiwere dismissed by order dated

22.(l7″._1’9z?;$.””4ill”;.,ii_is’ii.i’,r1éar1y after fourteen years from that date

present ‘petition is filed challenging the award passed

H.ighi’VCourt on the ground that the petitioner was not

party to the proceedings and therefore, the

ppetitiolner has a right to challenge the said award. The

%/

Petition No.235 of 1986. In the said proceed.ingsh,:”p:’-the

beneficiary made an attempt to irnplead itself

successful before the executing court?’ ‘”Wh’en.;thei.revision

petitions were allowed by this Courti’s__etti_ng

order, the beneficiary stood exposed’»to the._eXec:utioniiiof the i

said decree. It was awareuof award.

Under those cast on the
beneficiary to approaitziiythyilsp Court’:’see’l%in.%;appropriate reliefs
without any fourteen long years
the petitioner”__v t_}1_tl~liiiiilrr1atter. No worthwhile
explanation these last fourteen years, the
ertecutioné case riotiyet The beneficiary has not paid
payable in one lurnpsum. It has

been” :a””typical judgment debtor in installments

and that”‘by”~-iiitscélf will not confer any right to challenge the

._order “foL1_rtee’n years after the said order. We are satisfied on

rrrateriai on record that there is an inordinate delay and

‘ Alacbes on the part of the petitioner in approaching this Court.

g/at

laches and not on merits as such application of the saicilaw

in the facts of the case, Woukd not arise.