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.26572/2017 AND 26573/2017 (LA) BETWEEN 1. SRI. SIDDALINGAPPA S/O YEDIYURAPPA AGED ABOUT 59 YEARS, 2. SRI. NINGARAJU S/O ANNIAH, AGED ABOUT 54 YEARS, BOTH ARE R/AT NORANAKKI VILLAGE, NORANAKKI GATE, BINDANAHALLI POST, DANDIGANAHALLI HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT – 573116. ... PETITIONERS (BY SRI. RAJARAMA S., ADV.) AND 1. THE SPECIAL LAND ACQUISITON OFFICER, HEMAVATHI RESERVOIR, PROJECT – II, HASSAN, HASSAN DISTRICT – 573201.
2. KAVERI NIRAVARY NIGAMA ANANDRAO CIRCLE, BANGALORE-560001, REP. BY ITS MANAGING DIRECTOR.
3. REGIONAL COMMISSIONER THE PRESIDENT HIGH POWER COMMITTEE, HUNSUR ROAD, MYSORE-570001.
4. DEPUTY COMMISSIONER, OFFICE AT DEPUTY COMMISSIONER, OFFICE BUILDING, HASSAN-573201. ... RESPONDENTS (BY SRI. K.S.BHEEMAIAH, ADV. FOR R2, SRI. VIJAYAKUMAR A PATIL, AGA., FOR R3 & R4. NOTICE TO R1 IS SERVED) * * * 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 26.4.2017 VIDE ANNEXURES-“A & B” AND PASS APPROPRIATE ORDERS THEREON, IN ACCORDANCE WITH LAW.
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 26.04.2017 [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*