High Court Karnataka High Court

Shankar S/O Ganesh Bhat vs Deputy Commissioner on 17 February, 2009

Karnataka High Court
Shankar S/O Ganesh Bhat vs Deputy Commissioner on 17 February, 2009
Author: A.S.Bopanna
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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