IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23rd DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA WRIT PETITION Nos.31955-31979/2017 (LA-RES) BETWEEN 1. LAKSHMAMMA W/O SHIVANNA AGED 48 YEARS 2. PREMA W/O REVANNA AGED 36 YEARS 3. NAJMUNISA W/O IKBAL AHEMAD AGED 39 YEARS 4. JAYAMMA W/O SIDDIAH AGED 49 YEARS 5. NANJAMMA W/O SHIVANNA AGED 52 YEARS 6. SHIVANNA S/O DEVE GOWDA AGED 52 YEARS 7. BASAVARAJU S/O DODDABORAIAH AGED 46 YEARS 8. REVANNA S/O DODDABIRAIAH AGED 49 YEARS 9. SURESH S/O DODDABORAIAH AGED 57 YEARS 10. NAGESH S/O JAVARAIAH AGED 53 YEARS 11. KALAIAH S/O JAVARAIAH AGED 58 YEARS 12. REVANNA S/O SONNABORAIAH AGED 51 YEARS 13. PURUSHOTHAMMA S/O KALAIAH AGED 55 YEARS 14. THAMMIAH S/O CHIKKE GOWDA AGED 57 YEARS 15. KRISHNE GOWDA S/O ERAPPA AGED 49 YEARS 16 ADDUL VAJID PASHA S/O ABDUL RASHMI KHAN AGED 48 YEARS 17. ASHOKA S/O DASA BOWDA AGED 45 YEARS 18. ANSAR PASHA S/O AMMER PASHA AGED 43 YEARS 19. SWAMY S/O BASAPPA AGED 53 YEARS 20. SHIVE GOWDA S/O ERAPPA AGED 54 YEARS 21. N E KUMAR S/O ERAPPA AGED 42 YEARS 22. VENKATAIAH S/O NANJAIAH AGED 56 YEARS 23. SAVITHRAMMA W/O MALLESH AGED 48 YEARS 24. JAYALAKSHMI W/O CHANDRA AGED 46 YEARS 25. JAGADEESH S/O ERANNA AGED 42 YEARS ALL ARE RESIDING AT NORANAKKI GATE NORANAKKI VILLAGE N BINDENAHALLI P.O DANDIGANAHALLI HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT (By Sri RAJARAM S, ADVOCATE) ... PETITIONERS.
AND 1. THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHI IRRIGATION PROJECT-II OFFICE AT DEPUTY COMMISSIONER’S OFFICE BUILDING HASSAN HASSAN DISTRICT 573116 2. KAVERI NEERAVARI NIGAMA ANANDA RAO CIRCLE BANGALORE-560 001 REPRESENTED BY ITS MANAGING DIRCTOR 3. REGIONAL COMMISSIONER HIGH POWER COMMITTEE HUNSUR ROAD MYSORE-570001 REPRESENTED BY ITS PRESIDENT 4. DEPUTY COMMISSIONER OFFICE AT DEPUTY COMMISSIONER’S OFFICE BUILDING HASSSAN-573116 …RESPONDENTS (By Sri K S BHEEMAIAH, ADVOCATE FOR R.2 Sri VENKATESH DODDERI, AGA FOR R.1, 3 AND 4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENTS TO DISPOSE OF THE APPLICATION FILED BY THE PETITIONERS DATED 21.05.2017 AND 22.05.2017 VIDE ANNEXURES-A AND B and DIRECT RESPONDENT No.3 TO CONDUCT THE SPOT INSPECTION AND TO SUBMIT THE REPORT TO RESPONDENT No.1 REGARDING SEEPAGE OF WATER AND ACQUISITION PROCEEDINGS.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY THE COURT MADE THE FOLLOWING:
ORDER Issue notice to the respondents.
Learned Additional Government Advocate accepts notice for respondent Nos.1, 3 and 4.
Though these writ petitions are listed for Preliminary Hearing, with the consent of learned counsel on both sides, they are heard finally.
2. Petitioners claim to be the agriculturists who are cultivating their respective lands. They submit that on account of construction of Hemavathi Reservoir Project (Hemavathi Left Bank Main Canal), their village namely, Noranakki Village has been declared as “Sheetha Peditha” on account of seepage of water. It is stated that on account of seepage of water due to the construction of reservoir project, their houses have become inhabitable and it is not possible for them to reside in their houses. They have prayed for rehabilitation insofar as their residence is concerned as well as monetary compensation on account of the damage caused to their respective house properties due to dampness and on account of seepage of water from the Hemavathi Left Bank Main Canal. In this regard, the petitioners herein along with other similarly placed persons have made representations to the respondents herein on 21.05.2017 seeking compensatory relief as well as rehabilitation measures. The grievance of the petitioners is that the said representation has not been considered yet. Hence, they have sought for a direction in that regard.
3. Learned counsel for the respective parties submit at the Bar that several writ petitions have been filed by similarly situate petitioners and this Court has disposed of those writ petitions by issuing directions to the respondent-authorities to consider the representations made by the petitioners in accordance with law.
4. In this regard, learned counsel for the petitioners has submitted copies of the orders passed by this court on 03.10.2017 in W.P.Nos.29662-29666/2017 and connected matters and in W.P.Nos.29420-29424/2017. He would submit that those writ petitions were also filed by the residents of Noranakki Village where the present petitioners reside and that these writ petitions may be disposed of in terms of the orders passed in the aforesaid writ petitions.
5. Learned counsel for the respondents submit that indeed this Court has issued directions for consideration of the representations in accordance with law and, therefore, similar direction could be issued in these writ petitions also.
6. In the circumstances, these writ petitions are disposed of by directing the respondents to consider the representations submitted by the petitioners herein, which have been addressed to respondent Nos.1 to 4, by carrying out necessary spot inspection and to assess the damage caused to petitioners’ houses on account of seepage of water from the Hemavathi Left Bank Main Canal and take necessary steps for payment of compensation to the petitioners herein in accordance with law. For the purpose of completing the said exercise, six months’ time is granted to the respondents.
7. Writ petitions are disposed of with the aforesaid observations and directions.
Sd/- JUDGE mv