IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR.JUSTICE B.S.PATIL WRIT PETITION Nos.29420-29424 OF 2017 (LA-RES) BETWEEN:
1. Sri Ramchandre Gowda, S/o.Krishnae Gowda, Aged about 46 years.
2. Thimmaiah, S/o.Kallappa, Aged 50 years.
3. Aslam Pasha, S/o.Mohammed Khan, Aged 51 years.
4. Shiva Nanjappa, S/o.Nanjappa, Aged 68 years.
5. Nagaraju, S/o.Nanjappa, Aged 65 years.
All are residing at Noranakki Gate, Noranakki Village, N.Bindenahalli P.O., Dandiganahalli Hobli, Channarayapatna Taluk, Hassan District – 573 116. .. Petitioners (By Sri.S.Rajarama, Advocate) AND:
1. The Special Land Acquisition Officer, Hemavathi Irrigation Project-II, Office at Deputy Commissioner’s Office building, Hassan, Hassan District 573 116.
2. Kaveri Neeravari Nigama, Anand Rao Circle, Bangalore – 560 001, Rep. by its Managing Director.
3. Regional Commissioner, High Power Committee, Hunsur Road, Mysore – 570 001, Represented by its President.
4. Deputy Commissioner, Office at Deputy Commissioner’s Office building, Hassan – 573 116. .. Respondents (By Sri Venkatesh Dodderi, AGA for R1, R3 and R4: Sri K.S.Bheemaiah, Advocate for R2) These writ petitions are filed under Articles 226 & 227 of the Constitution of India praying to direct the respondents to dispose of the application filed by the petitioners dated 26.04.2017 vide Annexures A and B and pass appropriate orders thereon, in accordance with law and to direct the R3 to conduct the spot inspection and to submit the report to the R1 in regarding seepage of water and acquisition proceedings and etc., These writ petitions, coming on for orders, this day, the court made the following:
ORDER Petitioners are the residents of Noranakki Village in Channarayapatna Taluk, Hassan District. They have approached this Court by filing writ petitions under Article 226 of the Constitution of India, seeking a writ of mandamus against the respondents to consider the representations submitted by them on 26.04.2017 and pass appropriate orders thereon, in accordance with law.
2. In the representations submitted by them vide Annexures A and B, they have urged that on account of construction of Hemavathi Reservoir Project and the Hemavathi Left Bank Canal, 25 cusecs of water is passing through Noranakki Village; that the entire village has been declared as ‘Sheetha Peeditha’ because of the seepage of water through the Canals and as the said Canal ran through the middle of Noranakki Village.
3. The grievance of the petitioners is that they have suffered extensive damage on account of seepage of water, for which no compensation has been paid. They have also urged that villagers of the adjacent villages namely Bindanahalli, Nambinahalli, Kallenahalli, Nandanahalli, K.Shingenahalli and Paduvanahalli etc. have already been paid compensation under similar circumstances. Hence, they have sought for payment of compensation for the damage sustained by them on account of seepage of water through water canal. As these representations have not been considered, petitioners have approached this Court seeking a writ of mandamus.
4. Learned counsel for petitioners submits that in similar cases, this Court has issued directions to the respondent Authorities to consider the representations submitted by petitioners and after ascertaining that their grievance was bonafide, to take steps to compensate the affected persons in accordance with law, within a period of three months from the date of receipt of a copy of the order.
5. Learned counsel for the respondents do not dispute the fact that similar grievances have been entertained. This Court has disposed of the petitions with a direction that the authorities shall consider the request and representations submitted, in accordance with law for payment of compensation. However, they do not admit the grievance made with regard to the actual damage sustained by them due to seepage of water.
6. Keeping in mind the respective contentions of the learned counsel for the parties and the order passed by this Court in similar matters, including in W.P.Nos.53115- 148/2016 disposed of on 18th October 2016, I am of the view that a direction has to be issued to the respondents to consider the applications/representations submitted by the petitioners herein addressed to respondent Nos. 1 and 3 by carrying out necessary spot inspection in accordance with law. If it is found that the houses of the petitioners have been damaged due to seepage of water from the Canal, necessary action shall be taken for payment of compensation in accordance with law, to the petitioners. Six months’ time is granted for compliance of the order from the date of receipt of a copy of this order.
7. These petitions are accordingly disposed of.
8. As the main matter itself is disposed of, nothing survives for consideration of I.A.No.1/2017. The same is dismissed.
Sd/- JUDGE Cm/-