(Prayer: This petition is filed under Section 115 of the Code of Civil Procedure praying to call for records and set-aside the order passed in Misc. No.25/2014 on the file of the Ii Additional District Judge, Bangalore rural district and after examining the legality and validity of the order dated 26.09.2014)
1. The present revision petition is filed against the order dated 26.09.2014 passed in Misc.No.25/2014 on the file of the I Addl. District Judge, Bangalore Rural District, Bangalore allowing the petition filed under Section 10(d), 16(3) and (4) of Indian Telegraphic Act, 1889 ('The Act' for short) in part holding that the petitioner/present respondent is entitled for compensation of 55% of the market value of the land to an extent of 21 meters width covered below the transmission line corridor i.e., in respect of 22 guntas in Sy.No.42/3 situated at Madappanahalli Village, Hessaraghatta Village, Bangalore North Taluk as compensation by taking the value of the land at the rate of Rs.90,00,000/- per acre.
2. Today, when the matter posted for admission
Please Login To View The Full Judgment!
, learned counsel for the parties have filed a joint Memorandum of Settlement duly signed by both the petitioner as well as the respondent and their respective counsel agreeing to settle the matter as stated clearly at paragraph 10 of the memorandum, which reads as under:
"The parties submit that the Deputy Commissioner in line with the Minutes of the Meeting dated 15.09.2017 has facilitated and drawn up Farmer-wise payment details. The Respondent in terms of the Minutes of the meeting dated 15.09.2017 and the payment details and Certification of the ownership/possession of the respondent in respect of the lands by the Deputy Commissioner vide Order dated 09.10.2017 is agreeable to receive the compensation in full and final settlement and undertakes not to cause any obstruction or resistance for drawing of the Transmission Line and also agrees and undertakes to this Hon'ble Court to facilitate the construction and completion of the Transmission Line project which is in public interest. Accordingly, the parties have jointly entered into this compromise on the following terms:
a. The Respondent has represented that he is the absolute owner of SY.No.42/3 of Madapanahalli Village, Hesaraghatta Hobli, Bangalore North (Additional) Taluk, Bangalore District measuring approximately 2 Acres 01 Gunta (herein after referred to as 'The Respondent Schedule Property') and he has furnished proof for the same and that during the pendency of the proceedings, the Respondent or any of his family members have not alienated or created any third party interests in the lands under the said survey number. A Memo along with the Title Documents, latest RTC Extract and Identity Card of the Respondent is produced herewith along with this Memorandum of Joint Settlement as part and parcel of this Memorandum of Joint Settlement as Annexure 1.
b. Both parties agree that the affected area of land falling under the Safety Zone of the Transmission Line Corridor is 1 Acre 02 guntas in SY.No.42/3 of Madapanahalli Village, Hesaraghatta Hobli, Bangalore North (Additional) Taluk, Bangalore District (herein after referred to as the 'affected area'). The survey sketch issued by the Revenue Department, Government of Karnataka is produced along with this Memorandum of Joint Settlement as part and parcel of this Memorandum of Joint Settlement as Annexure
2. c. Both parties agree that on account of the affected area, the amount payable to the Respondent in the present proceedings, which arises out of Misc.No.25 of 2014 is Rs.36,65,455/- (Rupees Thirty Six Lakhs Sixty Five Thousand Four Hundred and Fifty Five Only) towards full and final settlement of all claims of the Respondent herein against the Petitioner Corporation in respect of the Respondent Schedule Property. The Assessment Order, dated 09.10.2017 by the Deputy Commissioner in respect of Madapanahalli Village is produced along with this Memorandum of Joint Settlement as part and parcel of this Memorandum of Joint Settlement as Annexure 3.
d. The Respondent agrees and undertakes to this Hon'ble Court and to the Petitioner that he would facilitate in the speedy completion of the Project and will not cause any obstruction or resistance to the Petitioner, its employees/officials/workers/contractor/s and any person/s claiming through or under them in drawing/stringing of the line on the already erected towers and passing through the land of the Respondent herein. The Respondent further agrees and undertakes to this Hon'ble Court not to object to the Petitioner, its officials or agencies engaged by them to access the said property through the adjoining land/s of the Respondent, during the construction of the project or during maintenance of the same in the Present and in the future.
e. The Petitioner has no objection for the aforesaid sum of Rs.36,65,455/= to be disbursed to the Respondent from and out of the amount in deposit in Misc. Case No.89 of 2013, which is before the Principal District & Sessions Judge, Bangalore Rural District, Bangalore, as per the Certification of the Deputy Commissioner verifying the Respondent's claim/possession/title to the property.
f. The Respondent agrees to receive the said amount in full and final settlement of all claims against the Petitioner, after duly identifying himself and furnishing proof of his ownership in respect of the Respondent Schedule Property. The Respondent further agrees and undertakes to indemnify and keep indemnified the Petitioner Corporation its employees/officials/worker/contractors and any person/s claiming through or under them at all times against all or any claims made by any third party, in respect of the affected area in the Respondent Schedule Property.
g. The Respondent agrees and undertakes to withdraw Writ Petition No.47793-97 of 2016 connected with 47798-801 of 2016 and/or any other case/s filed against the Petitioner in connection with the said Transmission Line, prior to receipt of the amount of compensation from the Court Registry.
h. The Respondent agrees and undertakes to this Hon'ble Court and to the petitioner to indemnify and keep indemnified the petitioner against all or any claims that may arise from the Respondent or from his heirs, legal representatives, successors, administrators, executors, assignees or lessee or any purchaser, subsequent purchaser/s, any individuals or institutions and or such other persons claiming through or under the Respondent in respect of the affected area in the Respondent Schedule Property.
i. The Respondent also agrees and undertakes to this Hon'ble Court and to the Petitioner to return all amounts received with interest in case of any third party making a claim in respect of the lands under the said Survey numbers i.e., the Respondent Schedule Property and/or if the Respondent has made any false claim or suppressed any information with regard to the title of the affected area i.e., the Respondent Schedule Property.
j. The Respondent agrees that he will not have any claim in respect of the balance amount in deposit in Misc.Case No.89 of 2013, including the accrued interest and the Respondent has no objection for the Petitioner to either deal with the balance amount in the manner it so desires, including seeking refund of the same with the accrued interest.
k. The Respondent agrees and undertakes that this settlement/compromise shall be binding on his heirs, legal representatives, successors, administrators, executors, assignees, lessee or any subsequent purchaser/s, individual or institution or such other persons claiming through or under the Respondent in respect of the affected area in the Respondent Schedule Property.
l. The Respondent is aware that in the event of there being any breach of the terms of compromise, he shall be liable for civil and criminal prosecution, including any other proceedings available to the Petitioner under law/various enactments.
m. The Respondent has agreed for the order dated 26.09.2014 passed in Miscellaneous No.25 of 2014, to be modified in terms of this Joint Memorandum of Settlement. The Petitioner has no objection for the Order dated 26.09.2014 to be modified as per the terms herein above recorded. The Respondent may be allowed to withdraw the aforesaid amount of Rs.36,65,455/= (Rupees Thirty Six Lakhs Sixty Five Thousand Four Hundred and Fifty Five Only) and nothing more, from the amount in deposit inMisc.No.89 of 2013 before, The Principal District & Sessions Judge, Bangalore Rural District, Bangalore after fulfilling the conditions mentioned herein.
n. The Respondent agrees and undertakes to execute an indemnity Bond to the satisfaction of the Hon'ble Principal District and Session Judge, Bangalore Rural District, Bangalore, at the time of the aforesaid amount being released to the Respondent.
11. The parties agree and undertake to give effect to the terms of compromise. Therefore, it is most respectfully prayed that this Hon'ble Court be pleased to take this Joint Memorandum of Settlement on record and pass necessary orders in terms of the compromise entered into between the Parties and dispose of the present Petition, in the interest of justice and equity.
ADVOCATE FOR PETITIONER PETITIONER
ADVOCATE FOR RESPONDENT RESPONDENT
We, C D Kishore, Deputy General Manager of the Petitioner herein and Devaraj Son of Patelappa, the Respondent herein do hereby verify and state that the averments as stated inParagraph Nos.1 to 9, 10(a) to (m) and 11 herein above are true and correct.
Place: Bangalore PETITIONER
3. In terms of the joint memo, the petitioner and respondent jointly agree for settlement of Rs.36,65,455/- to resolve the dispute between themselves. The respondent/landlord agree and undertakes to execute an indemnity bond to the satisfaction of the Principal District and Sessions Judge at the time of the aforesaid amount being released to the respondent.
4. Both the parties are present before the Court and on a query made by the Court, both the parties agree to the Joint Settlement dated 17.01.2018 filed before this Court.
5. Accordingly, the petition is disposed of. In view of the Joint Memo entered into between the parties, the impugned order dated 26.09.2014 made in Misc.No.25/2014 is modified by allowing the application filed under Sections 10(d), 16(3) and (4) of the Act in terms of the Joint Memo. The District Court is directed to release the amount in favour of the respondent after following the procedure as contemplated in terms of the Joint Memo and after proper identification of the respondent.