IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER 2017 BEFORE:
THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA WRIT PETITION Nos.32428-32457/2017 (LA RES) BETWEEN 1. RANGA SWAMY S/O LT KARI GOWDA, AGE 62 YEARS, 2. SRI. NAGARAJU, S/O SHIVANANJEGOWDA, AGE 55 YEARS, 3. SMT. NAJABUNNISA W/O YAKBAL AHMED, AGE 60 YEARS, 4. SRI. NASHEER AHMED, S/O MOHAMMED PEER, AGE 55 YEARS, 5. SRI. SHAHIK AHMED S/O SABU LAL SAHEB, AGE 50 YEARS, 6. SRI. ANSER PASHA S/O AMIR PASHA AGE 50 YEARS, 7. SRI. RAVI S/O DAVE GOWDA AGE 40 YEARS, 8. SRI. NARASIMHAIAH S/O THIRUMALIAH, AGE 63 YEARS, 9. SMT. PADMA W/O PRAKASH AGED 50 YEARS, 10. SRI. SHIVE GOWDA S/O ERAPPA, AGE 64 YEARS, 11. SMT. THEHIRA BEGAM W/O AHMED JOHN, AGE 63 YEARS, 12. SMT. MANGALAMMA W/O SWAMY, AGE 40 YEARS, 13. SRI. VENKATESH S/O KALAPPA, AGE 35 YEARS, 14. SRI. SWAMY S/O ANNAIAH, AGE 50 YEARS, 15. SMT. SHOBHA, W/O SURESHA, AGE 30 YEARS, 16. SRI.BASAVARAJU, S/O DEVEGOWDA, AGE 61 YEARS, 17. SRI.SURESH.N S/O NANJUNDAPPA.P AGE 43 YEARS, 18. SMT.MANGALA GOWRI W/O SWAMY, AGE 37 YEARS, 19. SMT.SULOCHANA W/O VISHWESHARA, AGE 40 YEARS, 20. SRI.NANJUNDAIAH, S/O SHIVA NANJE GOWDA, AGE 61 YEARS, 21. SMT.JABEENA KHANAM W/O RIYAZ AHMED KHAN, AGE 56 YEARS, 22. SRI.VIRUPAKSHA S/O DYAVE GOWDA, AGE 47 YEARS, 23. SRI.TOUKHEED S/O LATE IQBAL ANWAR, AGE 41 YEARS, 24. SRI.N.B.NANJUNDAPPA S/O BASAVE GOWDA, AGED 60 YEARS, 25. SMT. AKKAYAMMA W/O NANJAPPA, AGED 61 YEARS, 26. SRI.MEHAR SULTHAN S/O MAKBAL HAHMAD KHAN, AGED 64 YEARS, 27. SRI.MUSAVEER AHMED PASHA S/O NAJEER AHMED, AGED 41 YEARS, 28. SMT. RAJEEYA KHATHUN W/O MUHAMMED KHEELA KHAN, AGE 62 YEARS, 29. SRI.NAYAMUTHUALLA KHAN S/O HUMMED ULLA KHAN, AGED 55 YEARS, 30. SRI.P.J.SHIVE GOWDA S/O JAVARE GOWDA, AGED 58 YEARS, ALL ARE R/AT NORANAKKI GATE, NORANAKKI VILLAGE, N. BINDENAHALLI P.O, DANDIGANAHALLI HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573 201. ... PETITIONERS (BY SRI. RAJARAMA S., ADV.) AND 1. THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHI IRRIGATION PROJECT-II, OFFICE AT DEPUTY COMMISSIONERS OFFICE BUILDING, HASSAN, HASSAN DISTRICT-573116.
2. KAVERI NEERAVARI NIGAMA ANAND RAO CIRCLE, BANGALORE-560 001 REPD. BY ITS MANAGING DIRECTOR.
3. REGIONAL COMMISSIONER HIGH POWER COMMITTEE, HUNSUR ROAD, MYSORE-570001, REPD. BY ITS PRESIDENT.
4. DEPUTY COMMISSIONER OFFICE AT DEPUTY COMMISSIONERS OFFICE BUILDING, HASSAN-573116. ... RESPONDENTS (BY SRI. VIJAYAKUMAR A. PATIL, AGA FOR R1, R3 & R4, SRI. K.S.BHEEMAIAH FOR R2.) * * * THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS FILED BY THE PETITIOENRS DATED 22.5.2017 VIDE ANNEX-A AND B AND PASS APPROPRIATE ORDERS THEREON, IN ACCORDANCE WITH LAW ETC.
THESE WRIT PETITIONS COMING ON FOR ‘PRELIMINARY HEARING IN ‘B’ GROUP’ THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 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 22.05.2017 [Annexures-“A and B”] 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.
Writ petitions are disposed of with the aforesaid observations and directions.
Sd/- JUDGE CT-HR Ksm*