MANAGING DIRECTOR Vs. SPECIAL DEPUTY COMMISSIONER

JUDGEMENT

(1.) The respondent herein had sought for issuance of certificate of title in respect of 5 acres 10 guntas of land in R.S.No.154 of Siddanahalli village of Belagavi taluk as a forest dweller, in terms of the provisions contained in the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012.

(2.) The respondent had initially filed two writ petitions in W.P. No. 138914/2020 seeking a direction to the appellant authorities to issue Hakku Patra and in W.P. No. 146578/2020, the respondent had sought for a direction to the appellant herein to pay compensation as per the proposal for acquisition initiated for the benefit of the Karnataka Neeravari Nigam Limited. During the course of the writ proceedings since an order was passed on 29/5/2019 by the District Level Committee rejecting the application, the respondent filed a third writ petition in W.P. No. 102683/2021. The learned Single Judge, by a common order dtd. 22/4/2022 allowed the writ petitions, quashed the orders dtd. 30/5/2019 and 15/7/2021 directing the respondent authorities to issue a certificate of title (Hakku Patra) within a period of six weeks from the date of receipt of a copy of the order. A writ of mandamus was also issued directing the respondents to pay compensation in respect of the entire 5 acres 10 guntas of land in R.S. No. 154 since the land was notified for acquisition for the benefit of the Karnataka Neeravari Nigam Limited.

(3.) The State of Karnataka and its authorities have filed three appeals in W.A. No. 100320/2022, 100371/2022 and 100473/2022 and the Karnataka Neeravari Nigam Limited has filed W.A. No. 100550/2022 aggrieved by the impugned order passed by the learned Single Judge.