SMT. NANJAMMA v. THE SPECIAL AND ACQUISITION OFFICER
WP/290/2025 · 2025-02-11
M G S Kamal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12699 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12699 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:6038 WP No. 290 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 290 OF 2025 (LA-RES) BETWEEN:
SMT. NANJAMMA W/O. RAMEGOWDA, AGED ABOUT 80 YEARS, R/AT SANABA VILLAGE, BELLUR HOBLI, NAGAMANGALA TALUK MANDYA DISTRICT-571 418. …PETITIONER (BY SRI. SURENDRA KUMAR N.,ADVOCATE)
AND:
THE SPECIAL AND ACQUISITION OFFICER ATTACHED TO THE OFFICE OF THE DEPUTY COMMISSIONER, MANDYA - 571 401. …RESPONDENT (BY SMT. B. SUKANYA BALIGA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT TO DISPOSE OF AN APPLICATION FILED BY THE PETITIONER UNDER SECTION 28(A) OF THE LAND ACQUISITION ACT DATED 29/07/2008 PRODUCED AT ANN-A WITHOUT ANY FURTHER DELAY AND IMPOSE COST OF RS. 5,00,000/- FOR DELAY OF 14 YEARS FOR DISPOSE OF SIMPLE APPLICATION.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by SUMA B N Location: High Court of Karnataka
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NC: 2025:KHC:6038 WP No. 290 of 2025
CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL
ORAL ORDER Petitioner claiming to be the erstwhile owner of land measuring 1 acre and 8 guntas of land in Sy.No.67/1 of Sanaba Village, Bellur Hobli, Nagamangla Taluk, which was acquired by the respondent for the purpose of Hemavathi River left bank canal, in terms of the preliminary notification dated 21.02.1991 and the final notification date 02.01.1992, had filed an application under Section 28-A of the Land Acquisition Act, 1894 on 29.07.2008 before the respondent, claiming award of compensation on parity in terms of order dated 02.04.2008 passed in L.A.C.No.159/2006. The grievance of the petitioner is that the said application, though was filed on 29.07.2008 same has not seen light of the day, till date. Though the petitioner had caused issuance of legal notice the respondent-SLAO has not complied with the demand made therein. Hence the petition.
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NC: 2025:KHC:6038 WP No. 290 of 2025
2. Notwithstanding the fact that a writ of mandamus cannot be issued pursuant to a legal notice issued by the
learned counsel for the petitioner, however, considering the facts situation of the matter that an application filed by the petitioner under Section 28(A) of the Land Acquisition Act, 1894, is pending consideration before the respondent- SLAO for over inexplicable 16 long years, considering the interest of the petitioner, this Court deems it appropriate to issue directions to the respondent-SLAO to dispose of said application as expeditiously as possible at any rate within an outer limit of three months from the date of receipt of the certified copy this order, in accordance with law. Any further delay will invite cost of Rs.2,500/- per day payable by the respondent-SLAO till disposal of the application as directed. Petition is disposed of accordingly.
SD/- (M.G.S. KAMAL) JUDGE RL