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BETWEEN:
1.
SHANKAR GANBSH BHAT
AGED Af§C»U"F'45 'WARS V , '
09¢ £&£}R!L_:R/()_ KOBASALLI';
fm YE.LLAPUR',- mm'-, KAR'¢.'-A'R
" v -- PEYFYFIONER
(By six; fi{AHE§S§§{'"'fifflfifi-fE}§,.ADVOCATE)
iisyisrrv c0§}ir;&Iss1oNER
" _ 'KAR'§'J.AR._
' AS;§r ctimmissxonma AND SPECIAL
L»;-¢u~:_V1A:')f..-- ACQUISITION OFFICER
KALINADI HYDRO ELECTRIC PROJECT
" KARWAR
KARNATAKA POWER CORPORATION
SHAKTI BHAVAN, RACE COURSE ROAD
BANGALORE REP BY CI-HEF ENGJNEER
KALINADI HYDRO ELECTRIC PROJECT
GANESHGUDI, DIST KARWAR 581365
RESPONDENTS
(By S11: D. N. KULKARNI, HCGP FOR R1 65 R2
AND M] S. RAD ASSOC!A’I’ES, ADVOCATES FOR R3)
L
‘a
THIS WP IS FILED UNDER ARTICLES 226 AN}3___227
OF’ THE CONS’I’I’I’U’l”‘iON OF INDIA PRAYING TO
THE RESPONDENTS 2 AND 3 TO PAY THE COMPENSATION
OF RS.6,69,484/- IN RESPECT OF THE LAND B§«}A1:2’13uf;G__Si%af_,”~ _
910.122 MEASURING 4 ACRES 14 GUNTAS S:’1fuA$Ei)%A*rT ”
KODASALLI VILLAGE OF YELLARUR ‘1’A1;U£(A’_~ TO THE *
PETITIONER WITHOUT INSISTING ‘I’HE. P_E’FITI__O’N;EVR””TO’«
GIVE UNDERTAKING.
THIS PETITION cowNé{C.y Fore r§x~e1.Y.’ IN
‘E’ GROUPTHIS DAY, THE COU’RT’MADE’TH’E-i3’OL§;OWING:
.]gRfi§fi W, The petitioner is seeking for
manda§m:1u_s– Vmspéndents 2 and 3 to pay the
compcnéafifin. <6?' aheady dctezmm ed in
sf 13316 survey No.122 measmizng 4 acres 14
Tfsifutuzgptcd Kodasalii village at Ycilapur Taluk,
A '- conditions.
the lcamed counsel for the parfics and
u x V the writ papers.
3. The fact that the said land belonging to the
petitioner has been acquired by the respondents Na. 1 and 2
for the: benefit cf the 3″‘ respondent is not in dispute. in
J:
f
respect of the said acquisition, “:s?a3
determined in favour of the petitioners. i3_V1u V’
respect of certain anther lands,
enhanced by this Court thércfom,_ T’ . L’
preferred. an appiicatipn ihe Land
Acquisrsition Act for “o f~<2o1npcnsat:ion as
per the consent by Pursuam
there to, _§itfv.Vvi§éV§6;69,484/- has been
_ V'
of the said amount, 3"'
mspoztdcnt; the Egncficiaxy has addressed a letter to
§°d..A"?mspQndc IA1fm6ii 21.11.2007 enclosing a cheque for
' said compensation which had been
i-_.'1"Ii1<c said letter contains a condition wherein the
_3"i msfadndent has i:ns'mted that the land loser i.c., the
A ":Lf";t§.c£i'i:i,.fJ11er herein would have to give an undcztaidng that
.' they would not seek for any other compensation in this
" before paymant of the said ze-determined
cempcnsatisn. The petifioncr therefore claims to be
I
'U
aggrieved by such isrnposition of czondition, so mvjie * V.
would amount to gagging his
however, seeks to justify the actioo'v1§3}'~conte1§Ciifi:g fhajf. *'
compensation was V
entered in to before tlzne» zit itrsueh tenns
the compensation has favour of the
petitioner and xigvere justificd in
indicating 39;}; since the
fflafiher} compensation in this
regard. = '
55 Hafiing consideiiéki the rival contentions, what
be £io"1i"e'v1*;*.-'-"-.—A'.:'i:1<: present petition is only to clarify
the 3"' respondent has izldieated so in the
s"aia':ett§;- 21. 11.2007, if any legal right is available to
V the the same cannot be denied by said
" o:ndr;ytae__a Ion" g. Thcrefoxe, insisting on such uzaciertakm g is
.::as'e1e,~s<é, and the amount is to be disbursed without ins7mting
' =o.n«-ouch uxldcrtakzm g. Further, it also xequites to be c1anfied'
K ~ "Vet the same time that since, according to the respondents,
32
the amount is paid pursuant to the consent
the Lokadalath and in the same teams;_a11djé:§V”$o£:}; ih§~3aid’éV’
contention would be open for to
before the appropriate forum’fl:ge potifiontr . L’
for any other comp¢nsatiorV1__ :_»_as Hfiicm non
furnishing of ” will not take
away the defence: of t1 1c– are cntitied to
‘A
undertaking is wholly
*rhé> amount shall therefore be
diSb”§L°’SCd, ztisporszdcnt to the petitioncr without
V’ on._any ixjiiiéitalcing, since the observations made
_V_.si’lgov’:~: the situation and both the parties would
be o:{o’i)ut forth their conterxtion in accordance with
“,_1aW if thetoccasion for the same arises for them.
” With the above clarifications and dizecfions, the
fiettition stands disposed of. No order as to costs.
sdl-‘é
gab* ‘ Ttldgé