LAWS(KAR)-2024-2-90

SIKANDAR Vs. STATE OF KARNATAKA

Decided On February 14, 2024
SIKANDAR Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The case of the petitioner is that he is the owner of 29 guntas of land in Survey No.196/1 (new Survey Nos.196/11 and 196/3), Amanikere village, Kasaba Hobli, Tumkur Taluk, Tumkur District. That he requested for a plan to be sanctioned for constructing a residential house on the said property. The said plan was sanctioned to him by an order dtd. 8/8/2012. However, as the authorities were intending to widen the road which was in front of the property of the petitioner, a condition was imposed on the petitioner that he should put up a compound after 75 feet from the centre of the road and thereafter put up construction in accordance with law. Subject to the said condition, the plan was sanctioned in favour of the petitioner. It is the case of the petitioner that subsequent to the said sanction, a portion of his property has been earmarked for formation of a road for which he has not been paid any compensation. For the said reason, he has made necessary representation to the respondents/authorities stating that his property should not be used without giving the necessary compensation and also has requested them to adopt due process of law in acquiring the said property.

(2.) Respondent no.3 in this regard has issued the impugned endorsement dtd. 20/9/2019 wherein it is stated that the request of the petitioner for grant of award has been submitted to the Government and as necessary instructions are not being received, his request has been kept in abeyance. As there was no further communication to the petitioner in this regard, the present writ petition is filed.

(3.) In the course of arguments, the learned counsel for the petitioner submitted that the petitioner has no objection to acquire that portion of his property which is required for the formation of the road and he limits his prayer to a direction to the authorities concerned for grant of compensation in respect of the land over which the road is intended to be formed.