SMT. SEETHAMMA v. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE
2005-05-30
S.ABDUL NAZEER
body2005
DigiLaw.ai
S. ABDUL NAZEER, J. ( 1 ) PETITIONER claims to be the owner of several items of lasituated at Adyar Village, Mangalore taluk, South Kanara District and the said lands were admittedly tenanted and vested as on the appointed date namely. , 01. 03. 1974. The tenants in respect of those lands had filed Form No. 7 seeking grant of occupancy rights before the Land Tribunal, Mangalore and that tenancy right was granted to the said tenants. The Case Numbers and the names of the tenants in respect of those lands are as follows: i) L. R. T. No. 5661/77-78-Devanana Shetty ii) L. R. T. No. 775/75-76-Bada Poojary S/o Manjappa Poojary iii) L. R. T. No. 549/75-76-Monta Poojary S/o Poova Poojary iv) L. R. T. No. 555/323/75-Smt baggi W/o Nemu Poonja. ( 2 ) IT is contended by the Petitioner that she was not paid compensation in respect of those lands. It is further contended that when the said lands were leased to the tenants it consisted of structures. The Petitioner filed a representation to the 2nd respondent for determination of compensation for land and structures and to pay the same along with interest on 2. 7. 2002 (Annexure 'c1') followed by one more representation dated 3. 12. 2002 (Annexure 'c2' ). Since the 2nd respondent did not consider those representations, the Petitioner filed this writ petition for a mandamus directing the 2nd respondent to determine the compensation payable to her on the basis of the valuation report submitted by the Executive Engineer (as per Annexure 'b1' to 'b4') and to pay the same along with interest at 12% p. a. in terms of the Division Bench decision of this Court in B. Vasantharama Shetty v. State of Karnataka and Ors. W. A. No. 2572/1997 disposed of on 13. 07. 1998 and the subsequent decision of a learned single Judge of this Court is m. S. Hameed and Anr. v. State of Karnataka and Anr. W. P. Nos. 36497 and 36498/1999 disposed of on 12. 10. 1999 ( 3 ) IN the writ petition, a Memo was filed on 08. 02. 2005 by the HCGP stating therein that the 2nd respondent has released the compensation for the lands in question along with 12% simple interest without awarding any compensation for structures. ( 4 ) I have heard the Learned Counsel for the parties and perused the materials placed on record.
02. 2005 by the HCGP stating therein that the 2nd respondent has released the compensation for the lands in question along with 12% simple interest without awarding any compensation for structures. ( 4 ) I have heard the Learned Counsel for the parties and perused the materials placed on record. ( 5 ) IT is not in dispute that the lands of Petitioner in the aforesaid L. R. T. Numbers were vested with the State Government and occupancy rights in respect of those lands were granted in favour of the tenants. Therefore, it was incumbent upon the respondents to pay the compensation within a reasonable period. Since the 2nd respondent did not determine and pay the compensation which was his statutory obligation, Petitioner filed representations as per Annexures 'c1' and 'c2' which was also not considered by the 2nd respondent. 1. W. A. No. 2572/1997 disposed of on 13. 07. 1998 2. W. P. Nos. 36497 and 36498/1999 disposed of on 12. 10. 1999. ( 6 ) THE Petitioner has filed objections to the Memo of the respondents on 23. 02. 2005 stating therein that only in respect of three L. R. T. Numbers, compensation have been paid with interest at 12%. The compensation in respect of L. R. T. No. 5661/77-78 has not been paid. It is further stated that compensation in respect of structures has not been determined and paid despite the valuation made by the competent authority as per Annexures 'b1' to 'b4'. ( 7 ) SECTION 47 provides for determination and payment of compensation in respect of the lands vested with the State Government. Sub-Section 3 of Section 47 lays down that where there are wells or other structures of a permanent nature on the land, constructed by the landlord, the value thereof calculated in the prescribed manner shall also be payable. Thus, it is clear that if the permanent structures have been put up by the landlord, he is entitled for compensation towards those structures. ( 8 ) FURTHER, a Division Bench of this Court in B. Vasanth aram Shetty's case (supra) has held that the landlords are entitled for interest at 12% p. a. from the date of vesting on the compensation determined by the competent authority. That has been followed by a Learned Single Judge of this Court in M. S. Hameed's case (Supra ).
That has been followed by a Learned Single Judge of this Court in M. S. Hameed's case (Supra ). ( 9 ) HAVING regard to the statutory provision and the decision of this Court referred above, the landlords are not only entitled for compensation in respect of the lands vested with the State government, but are also entitled for the value of the permanent structures on the land put up by them, along with the interest from the date of vesting till the date of payment of interest at 12% per annum. ( 10 ) IN the present case, Petitioner has categorically stated that in respect of LRT No. 5661/77-78 compensation has not been determined and paid to the Petitioner. It is also the case of the petitioner that she has put up permanent structures on the lands in question. The 2nd respondent is required to consider this matter with reference to the documents and materials that are available on record. In the result, I pass the following Order; order 1. The 2nd respondent is directed to determine and pay the compensation in respect of the lands in L. R. T. No. 5661/77-78, if it is already not determined and aid to the Petitioner. 2. The 2nd respondent is further directed to determine as to whether the landlord has put up any structures on lands in question. If the 2nd respondent conies to a conclusion that the petitioner had put up the structures at the time of lease, he is directed to determine and pay compensation towards structures. 3. 2nd respondent is directed to pay the compensation as above along with interest on the unpaid amount from the date of vesting till the date of payment at 12% per annum. 4. The 2nd respondent is directed to comply with the above directions within a period of four weeks from the date of receipt of copy of this order.