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2022 DIGILAW 999 (KAR)

Mahadevaiah v. State of Karnataka

2022-08-01

KRISHNA S.DIXIT

body2022
JUDGMENT 1. Petitioner who has lost the land in the acquisition in question is knocking at the doors of Writ Court for assailing the Endorsement dtd. 8/3/2019 a copy whereof is at Annexure-F whereby his request for compensation in relation to certain standing trees thereon has been turned down by the respondent - KIADB. 2. The said impugned Endorsement reads as under: 3. After service of notice, the first respondent has entered appearance through the learned HCGP and the second respondent speaks through its Sr. Panel Counsel and who has filed the Statement of Objections resisting the writ petition. Learned HCGP & the learned Sr. Panel Counsel vehemently oppose the writ petition making submission in justification of the contents of the impugned Endorsement. 4. Having heard the learned counsel for the parties and having perused the petition papers, this Court declines indulgence in the matter for the following reasons: a) Admittedly, the settlement of compensation was made and the said compensation amount has been paid to the petitioner on 7/6/2016. The provisions of Sec. 29 of the Karnataka Industrial Areas Development Act, 1966 provide for a consensual mode for settlement of compensation; once that has been settled, it cannot be loosely interfered by a Writ Court. It is more so when apparently, the claim of the petitioner for payment of compensation in respect of other trees is belatedly made, especially when no plausible explanation has been offered for the long delay brooked in making the claim before the answering respondents. b) Learned Sr. Panel Counsel appearing for the second respondent is more than justified in saying that regardless of whatever amount deposited allegedly covering the new claim, it is all public money and entertaining petitions of the kind may open up the flood gates of litigations, inasmuch as those whose claims which have been settled once for all, would knock at the doors of courts. This is not in public interest. In the above circumstances, this petition being devoid of merits, is liable to be rejected and accordingly, it is, costs having been made easy.