NINGAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court seeking for issue of mandamus to direct respondents No. 1 to 3 to pay the entire compensation to the petitioner to the extent of 1 acre 20 guntas of land bearing Sy. No. 55 situate at Bustenahalli village, Hassan Taluk and District including 14 guntas of land acquired by respondent No. 4.

(2.) The petitioner is the owner of the land bearing Sy. No. 55 to the extent of 1 acre 20 guntas situate at Bustenahalli village, Kasaba Hobli, Hassan Taluk and District. On the said land, a petroleum pipeline was laid. Pursuant to the proceedings held by respondent No. 4, an extent of 14 guntas out of the total extent of 1 acre 20 guntas in Sy. No. 55 was utilized by respondent No. 4 in terms of the provisions of the Petroleum and Mineral Pipelines (Acquisition of Right of User in Land) Act, 1962 (for short 'the Act 1962'). Since the petitioner would not be divested of possession of the said land but would be prevented from using that extent of the land effectively, 10% of the market value of the land is provided as compensation and as such the petitioner was paid a sum of Rs. 22,025/-. Regarding these aspects of the matter, there is no dispute between the parties.

(3.) Subsequent thereto, respondents No. 2 and 3 have acquired the property belonging to the petitioner and the surrounding lands. The entire extent measuring 1 acre 20 guntas belonging to the petitioner has been included in the notification issued under Section 28(4) of the KIADB Act. Though that is the position, respondents No. 2 and 3 have sought to disburse the compensation only in respect of 1 acre 6 guntas since according to respondents No. 2 and 3, respondent No. 4 has already paid the compensation in respect of 14 guntas which was utilized by them. In that view, the petitioner has made representation seeking compensation for the entire extent and has also got issued legal notice. Since the same did not redress the grievance of the petitioner, the petitioner is before this Court.