H.S.YATHIRAJ Vs. DEPUTY SECRETARY

JUDGEMENT

(1.) The petitioner has sought for consideration of the petitioner's representation dtd. 18/4/2023 for grant of compensation for the land bearing Survey No.643, Kasaba Hobli, Gramathana measuring 40 sq.ft x 12 sq.ft [totally 480 Sq.ft.].

(2.) In terms of the detailed report at Annexures - A, B and C, the petitioner has sought for fixation of compensation amount as per the judgment and award in LAC.No.28/2019 passed by the II Additional Senior Civil Judge and JMFC, Hassan dtd. 7/10/2014.

(3.) The petitioner submits that he is the owner of land bearing Survey No.643 which is situated adjacent to Bangalore-Mangalore road and at the time of widening the Bangalore-Mangalore Highway road, the road was widened without following due process of law and no compensation was paid for his land to an extent of 480 sq.ft.. The petitioner further submits that while quantifying the compensation, the Court ought to have taken note of the guidelines including the details mentioned in Paragraph-3 of the petitions. The petitioner further submits that insofar as the adjacent land owners whose lands have been utilised for road widening, the proceedings have culminated in LAC No.28/2010 and compensation has been enhanced to Rs.7,000.00 per square foot along with statutory benefits. It is submitted that as the petitioner is placed on parity with the claimant in LAC No.28/2010, he is entitled to the same compensation.