IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR WRIT PETITION NOs.47172 – 47173/2017 & 47345 – 47352/2017 (GM-RES) Between:
1. Sri. Shivanna, S/o Dodde Gowda, Aged about 63 years, 2. Sri. S.N. Manjunath, S/o Manjunath, Aged about 61 years, 3. Sri. Hiriyanna, S/o Timme Gowda, Aged about 48 years, 4. Sri. S.K. Kumar, S/o Kantaraju, Aged about 43 years, 5. Sri. S.B. Revanna, S/o Bire Gowda, Aged about 64 years, 6. Sri. Anne Gowda, S/o Ningayya, Aged about 61 years, 7. Sri. S.S. Ere Gowda, S/o Shivalinge Gowda, Aged about 45 years, 8. Sri. S.K. Sidde Gowda, S/o Kale Gowda, Aged about 55 years, 9. Sri. Appajappa, S/o Shantayya, Aged about 52 years, 10. Sri. Toppe Gowda, S/o Shive Gowda, Aged about 60 years, All are R/at Shravaneri Village, Kasaba Hobli, Channarayapatna Taluk, Hassan District-573 116.
(By Sri. Rajaram. S., Advocate) And:
1. The Special Land Acquisition Officer, Hemavathi Irrigation Project-II Office at Deputy Commissioner’s office building, Hassan-573 116.
2. Kaveri Neeravari Nigama, Anand Rao Circle, Bengaluru-560 001.
Reptd., by its Managing Director.
…Petitioners 3. Regional Commissioner, High Power Committee, Hunsur Road, Mysuru-570 001. Reptd., by its President.
4. Deputy Commissioner Office at Deputy Commissioners Office building, Hassan-573 116.
5. Chief Engineer, Hemavathi Reservoir Project (Right Canal) Gorur, Hassan District-573 116.
6. Executive Engineer, Hemavathi Reservoir Project (Right Canal) Channarayapatna Taluk, Hassan District-573 116.
…Respondents (By Sri. Venkatesh Dodderi, AGA for R1 & 3 to 6, Sri. 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 applications filed by the petitioners dated 18.03.2003 and 08.08.2008 and 08.08.2008 vide Annexure-A, B, C and pass appropriate orders thereon, in accordance with law and etc., These petitions coming on for Preliminary hearing this day, the Court made the following:
O R D E R Heard learned counsel appearing for parties.
Perused the records.
2. Petitioners are seeking for issuance of writ of mandamus to respondents to dispose of the applications filed by them on 18.03.2003 and 08.08.2008 (Annexures A, B and C). Petitioners are all agriculturists and are residents of Shravaneri Village, Kasaba Hobli, Channarayapatna Taluk, Hassan District. On account of non-consideration of their representations dated 18.03.2003 and 08.08.2008 (Annexures A, B and C) they have approached this Court seeking issuance of writ of mandamus.
3. A perusal of the representations submitted by the petitioners would disclose that on account of construction of Hemavathi Reservoir Project (Left main canal) 25 cusecs of water is passing through Shravaneri Village and entire village has been declared as “Sheetha Peeditha Village” because of seepage of water through canals since canal runs through middle of Shravaneri Village. It is also contended, on account of said seepage it has caused extensive damage to their houses and despite demand for payment of compensation from respondent-authorities, same has not been paid. It is also stated that adjacent villages like Bindenhalli, Nambihalli, Kallenahalli, K.Shingenhalli and Paduvanahalli which have also been declared as “Sheetha Peeditha Villages” compensation has already been paid. Hence, they have sought for payment of compensation for damage sustained by them on account of seepage of water through canal. On account of non-consideration of their representations they are seeking writ of mandamus to the respondents to consider their representations.
4. Learned counsel appearing for petitioners has brought to the notice of this Court that under similar circumstances, this Court in WP Nos.29420- 29424 of 2017 disposed of on 03.10.2017 has directed for consideration of such representations by respondents No.1 and 3 therein and directions so issued by Co-ordinate bench of this Court reads as under:
“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.”
5. Learned AGA as well as Sri. K.S. Beemaiah, does not dispute this fact. However, learned AGA would submit that they would not admit with regard to alleged damage said to have been caused to the building of petitioners on the ground that it is a disputed question of fact and has to be ascertained by visiting and inspecting the buildings. In the light of said rival contentions raised, this Court is of considered view that it would suffice if a direction is issued to the respondents No.1 and 3 to consider the representations of the petitioners dated 18.03.2003 and 08.08.2008 (Annexures A, B and C) by directing them to carry out necessary spot inspection in accordance with law and in the event it is found that house or buildings of the petitioners have been damaged due to seepage of water from the canal, further steps shall be taken to disburse compensation in the manner known to law in favour of petitioners. The entire exercise shall be carried out by respondents No.l and 3 expeditiously at any rate within an outer limit of six months from the date of receipt of certified copy of this order.
Accordingly, writ petitions stand disposed of.
SD/- JUDGE SV