SIDDAIAH Vs. THE PRINCIPAL SECRETARY

JUDGEMENT

(1.) THE petitioner is before this Court seeking that the mandamus be issued to respondents No. 2 and 3 to pay the compensation as provided under the Land Acquisition Act for the super structure (Malki) and other developments made on the land bearing Sy. No. 113/1, 115/2 and 116 totally measuring 4 acres 11 guntas in Marase village, Varna Hobli, Mysore Taluk in terms of the assessment made and the amount quantified at Annexure -E to the petition.

(2.) THE petitioner claims to be the owner of the agricultural land measuring 4 acres 11 guntas in Sy. No. 113/1, 115/2 and 116 of Marase village, Varna Hobli, Mysore Taluk. The respondents No. 1 to 3 issued a notification in the year 2001 and the possession of the said land was taken in the year 2005 so as to utilize the said land to develop the Airport in Mysore. The issue herein is with regard to the compensation payable to the petitioner towards the super structure -Malki which existed in the said land. The petitioner contends that as per the assessment made by the respondents themselves, the value payable in respect of the Malki is at Rs. 66,51,001/ -. The grievance of the petitioner is that despite lapse of sufficient time, the said amount has not been paid to the petitioner. It is in that view, the petitioner is before this Court seeking issue of mandamus.

(3.) BE that as it may, what is necessary for consideration herein is the payment of compensation to the petitioner which is his entitlement as per law. Insofar as the claim made by the petitioner, it is based on the document at Annexure -E as has been assessed by respondents No. 1 and 2 themselves. Even otherwise, in the instant petition, the claim that is put forth by the petitioner towards the value of the Malkis has not been disputed. But, all that has been stated by respondents No. 1 and 2 is that they are only an acquiring agency and the payment in that regard is to be made by the infrastructure department after securing the amount from the beneficiary. The communication dated 27.08.2013 is also relied on by the learned counsel for the respondents No. 2 and 3 to indicate that the same has been addressed to respondent No. 4 seeking for deposit of the amount indicated therein which also includes the claim of the petitioner towards the lands/Malkis therein.