IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE P.B.BAJANTHRI W. P. NOs.32821-32834 OF 2019 (LA-RES) BETWEEN 1. SRI. CHANDRE GOWDA S/O SHETTY GOWDA, AGED ABOUT 60 YEARS 2. SRI. PUTTE GOWDA S/O GIDDE GOWDA, AGED ABOUT 65 YEARS 3. SMT. PUTTAMMAN W/O SRI. PUTTE GOWDA, AGED ABOUT 55 YEARS 4. SMT. PUTTATHAYAMMA S/O SRI. RAJE GOWDA, AGED ABOUT 55 YEARS 5. SRI. MALIGE GOWDA S/O SRI. GIDDE GOWDA, AGED ABOUT 55 YEARS 6. SMT. KALAMMA W/O SRI. RAME GOWDA, AGED ABOUT 65 YEARS 7. SRI. GIDDE GOWDA S/O SRI. GIDDE GOWDA, AGED ABOUT 48 YEARS 8. SRI. NANJE GOWDA S/O SRI. LAKSHMANA GOWDA, AGED ABOUT 58 YEARS 9. SMT. GEETHA W/O SRI. GIDDE GOWDA, AGED ABOUT 45 YEARS 10. SMT. PUTTAMMA W/O SRI. NANJE GOWDA, AGED ABOUT 70 YEARS 11. SRI. JAGADEESHA S/O SRI. NANJE GOWDA, AGED ABOUT 45 YEARS 12. SRI. RAME GOWDA S/O SRI. MALIGE GOWDA, AGED ABOUT 65 YEARS 13. SRI.K.S. PUTTE GOWDA S/O LATE SRI. SHETTY GOWDA, AGED ABOUT 73 YEARS 14. SRI. THIMME GOWDA S/O SRI. SANNE GOWDA, AGED ABOUT 50 YEARS 15. SRI. PUTTE GOWDA S/O SRI. GUNDE GOWDA, AGED ABOUT 60 YEARS ALL ARE RESIDENT OF KYATHANAHALLI VILLAGE, HOLENARASIPURA TALUK, HALE KOTE HOBLI, HOLENARASIPURA TALUK 573211 ... PETITIONERS (By Sri RAJARAMA SOORYAMBAI, ADVOCATE) AND 1. THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHI RESERVOID PROJECT II, OFFICE AT DEPUTY COMMISSIONERS OFFICE BUILDING, HASSAN-573201 2. REGIONAL COMMISSIONER HIGH POWER COMMITTEE, HUNSUR ROAD,MYSORE-570 001 3. EXECUTIVE ENGINEER KAVERI NEERAVARI NIGAMA, HEMAVATHI BALADANDE NAALE DIVISION, HOLENARASIPURA, HASSAN-573211 4. DEPUTY COMMISSIONER HASSAN, OFFICE AT DEPUTY COMMISSIONERS OFFICE BUILDING, HASSAN-573116 ... RESPONDENTS (By Sri E S INDRESH, AGA) *** THESE WPs FILED PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS TO THE RESPONDENT AUTHORITIES TO CONSIDER THE REPRESENTATIONS SUBMITTED BY THE PETITIONER'S HEREIN DTD:28.5.2019 AND 29.11.2010 VIDE ANNEXURE-A AND B; ISSUE WRIT OF MANDAMUS OR ANY OHTER ORDER THAT, THE RESPONDENTS MAY ASSESS THE QUANTUM OF DAMAGES CAUSED DUE TO SEEPAGE EFFECT TO THE HOUSE PROPERTIES OF THE PETITIONER'S AND TO PASS APPROPRIATE COMPENSATORY AMOUNT TO THE PETITIONER'S IN VIEW OF THE REPORTS/OBSERATIONS MADE IN THE SPOT INSPECTIONS BY THE RESPONDENTS VIDE ANNEXURE-C, D, E, F, G, H AND J, ETC.
THESE WRIT PETITIONS ARE COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER State counsel accepts notice for respondents.
2. Petitioners have sought for the following reliefs:
“(1) Issue a writ in the nature of mandamus to the respondent authorities to consider the representations submitted by the petitioner's herein dtd:28.5.2019 and 29.11.2010 vide annexure-a and b;
(2) Issue writ of mandamus or any other order that, the respondents may assess the quantum of damages caused due to seepage effect to the house properties of the petitioner's and to pass appropriate compensatory amount to the petitioner's in view of the reports/observations made in the spot inspections by the respondents vide annexure-C, D, E, F, G, H and J.”
2. The concerned respondent is hereby directed to take decision on the petitioners’ grievances stated in their representations and pass a speaking order, whether the petitioners are entitled to any compensation as sought for in their representation or not. Such a speaking order shall be communicated to each of the petitioner at the earliest. The said exercise shall be completed within eight weeks from the date of receipt of the copy of this order.
4. Accordingly, these writ petitions are disposed off.
Sd/- JUDGE VK