BASAVARAJ S Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this writ petition under Art.226 of the Constitution of India, the petitioner has sought for a writ of mandamur to the respondents to deposit the compensation amount awarded to him by the Special Land Acquisition Officer, Bellary, in his notice of award d/ 23. -1-75, in a Civil Court or direct its payment.

(2.) The petitioner claims to be the owner of Survey Nos.198, 199, 203 and 204 of Vaddu village, Sandur Taluk, Bellary Dist. His case is that these lands have been acquired by the Govt of Karnataka for a public purpose, viz, for the construction of Vijayanagar Steel Project, under the provisions of Karnataka Land Acquisition Act, 1894 (hereinafter referred to as the 1894 Act). It is not in dispute that the Special Land Acquisition Officer after holding an enquiry as to the compensation due to the acquired lands has passed an award, awarding a sum of Rs. 85,222-47 P, as compensation amount payable to the petitioner for the acquired lands. On 23-1-75, the Special Land Acquisition Officer issued a notice of award to he petitioner, inter alia, asking him to appear on 29-1-75 at the Panchavat Board Office, Vaddu village, to receive the compensation amount awarded to him for the acquired lands. The case of the petitioner is that he appeared on 29-1-75 before the Special Land Acquisition Officer, at the Panchayat Boerd Office, Vaddu village, and requested him to pay the compensation amount as per his notice d/ 23-1-75, As to what happened on 29-1-75, is one that has given raise to this writ petition before this Court. WP. 2001 of 1977

(3.) The case of the petitioner is that on 29-1-75, the Special Land Acquisition Officer called upon him to deposit a sum of Rs. 20,000 towards National Savings. Certificates, from out of the compensation amount payable to him, which he refused to comply and therefore the said Officer has refused to pay the compensation amount on that day or subsequently. On 10-7-75, the petitioner got issued a legal notice to the Special Land Acquisition Officer demanding the payment of compensation. In that notice, the petitioner has specifically averred to the fact that the Special Land Acquisition Officer demanded a sum of Rs. 20,000 to be deposited in the National Sayings Certificate and that he has not agreed for the demand made by the Special Land Acquisition Officer. In reply to the legal notice issued by the petitioner, the Special Land Acquisition Officer, wrote a reply on 29-4-75, Ext.'C', which reads thus : " Your client Shri S.Basayaraj of Vaddu village appeared on 29-1-75. I did not insist him to invest Rs.20,000 in, the NSC. but I requested him to invest some portion of the compensation as other awardees in the village invested with a view to secure a cash, award of Rs.10,000 to the Panchayat and to achieve the target of NSS. Collection, fixed by the Deputy Commr, Bellary. Your client simply went away stating that the amount may be sent to the Court where he would receive the compensation. There is no provision to send the amount to the Court in case the party does not receive the compensation. Hence the amount was kept in Revenue Deposit and fact intimated to the Court. So there is no question of either payment of interest Or to refer the matter to the Civil Court. The party may be advised to appear in Office to claim the refund of revenue deposit." In his reply notice, the Special Land Acquisition Officer admits that he requested the petitioner to deport a sum of Rs. 10,000 with the object of receiving a cash award of Rs. 10,000 to the Panchayat and to achieve the NSS Collection fixed by the Deputy Commr, Bellary Dist, Bellary. In other words, the Special Land Acquisition Officer, admits that he called upon the petitioner to deposit a sum of Rs.10,000, if not, Rs.20,000 as, alluded to by the petitioner. In denial of the allegations made by the petitioner in his original writ petition or in his Addl Statement filed On 14-3-78, the respondents have not filed any statements of objections. In the absence of any denial by the respondents, I hold that the allegations of the petitioner that the Special Land Acquisition Officer demanded Rs.20,000 to be deposited in National Savings Certificate as a condition precedent and that he refused to pay the compensation amount to the petitioner only on that ground are correct. In the middle of the hearing of the case, Sri Shivappa, learned High Court Govt Pleader, sought for an adjournment to enable him to file a statement of objections to controvert the allegation made by the petitioner. In my opinion, there is absolutely no jurisdiction to grant any more time to the respondents and therefore, I have rejected the prayer of the learned High Court Govt Pleader for time to file a statement of objections on behalf of the respondents.