(1.) The petitioner who has been granted rights under the Provisions of Section 3(1)(a) of the Schedule Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, in respect of the land in acquisition is before this Court invoking its writ jurisdiction, interalia calling in question the order dated 17.10.2014 at Annexure-'N' made by the respondent-Karnataka Niravari Nigam Limited and the order dated 28.10.2015 made by the respondent Government at Annexure-'P' whereby in effect, compensation has been denied to him on the ground that the land belongs to the Forest Department and he has no rights over the same.
(2.) After service of notice, respondents have entered appearance; the respondent Nos.1 to 5 are represented by learned AGA Smt.Veena Hegde and respondent Nos.6 to 9 are represented by learned panel counsel Sri. Ramesh Misale.
(3.) The learned counsel for the petitioner drawing the attention of the Court to the provisions of Section 3(1)(a) of the Act submits that the respondent No.4 Special Deputy Commissioner heading the District Level Committee has made an order dated 31.10.2015 at Annexure-'M', granting certain rights to and interest in respect of 5 acres & 10 guntas of acquired land in favour of petitioner and therefore if such a land is taken away, the compensation needs to be paid. He further submits that this aspect having not been looked into by answering respondents, the impugned orders are liable to be invalidated with a direction superadded, to reconsider the matter in accordance with law.