IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MRS.JUSTICE B. V. NAGARATHNA WRIT PETITION NO.27192 OF 2017 (LA – RES) BETWEEN:
SRI. RAVI GOWDA S/O BORE GOWDA AGED ABOUT 40 YEARS RESIDING AT KUMBENAHALLI VILLAGE AND POST CHANNARAYAPATNA TALUK HASSAN DISTRICT – 573 116 …PETITIONER (BY SRI.RAJARAMA.S, ADVOCATE) AND:
1. THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHI IRRIGATION PROJECT – II HASSAN HASSAN DISTRICT – 573 116 2. THE PRESIDENT HIGH POWER COMMITTEE HEMAVATHI RESERVOIR PROJECT HUNSUR ROAD MYSORE – 570 001 3. DEPUTY COMMISSIONER HASSAN – 573 116 4. ASSISTANT EXECUTIVE ENGINEER KAVERI NEERAVARI NIGAMA (SUB DIVISION) CHANNARAYAPATNA TALUK HASSAN DISTRICT – 573 116 ... RESPONDENTS (BY SRI.V.KRISHNA REDDY, HCGP FOR R1 – R3; SRI. K.S. BHEEMAIAH, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO CONSIDER REPRESENTATION GIVEN BY THE PETITIONER DATED 22.05.2017 VIDE ANNEXURE – A IN ACCORDANCE WITH LAW AND ETC., THIS WRIT PETITION IS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Though this writ petition is listed for Preliminary Hearing, with the consent of learned counsel on both sides, it is heard finally.
2. Petitioner claims to be the agriculturist who is cultivating the land. He submits that on account of construction of Hemavathi Reservoir Project (Hemavathi Left Bank Main Canal), his village namely, Kumbenahalli 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, his house has become uninhabitable and it is not possible for him to reside in the house. He has prayed for rehabilitation in so far as his residence is concerned as well as monetary compensation on account of the damage caused to the house property due to dampness and on account of seepage of water from the Hemavathi Left Bank Main Canal. In this regard, the petitioner herein has made a representation to the respondents herein on 22.05.2017 seeking compensatory relief as well as rehabilitation measures. The grievance of the petitioner is that the said representation has not been considered yet. Hence, he has 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 situated 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 petitioner 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 filed by the residents of Noranakki Village and that this writ petition 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 this writ petition also.
6. In the circumstances, the writ petition is disposed of by directing the respondents to consider the representation submitted by the petitioner herein, which have been addressed to respondent Nos.1 to 4, by carrying out necessary spot inspection and to assess the damage caused to petitioner’s house on account of seepage of water from the Hemavathi Left Bank Main Canal and take necessary steps for payment of compensation to the petitioner herein in accordance with law. For the purpose of completing the said exercise, six months’ time is granted to the respondents.
7. Writ petition is disposed of with the aforesaid observations and directions.
Sd/- JUDGE KLY/