IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MRS. JUSTICE B.V. NAGARATHNA WRIT PETITION NOs.47169 – 47171/2017 & WRIT PETITION NOs.47319 – 47334/2017 (LA-RES) Between:
1. Sri. T.S. Devaraj, S/o. Sajje Gowda, Aged about 63 years, 2. Smt. Jayamma, W/o. Chikke Gowda, Aged about 50 years, 3. Smt. Gowramma, W/o. Shive Gowda, Aged about 55 years, 4. Sri. T.N. Krishne Gowda, S/o. Patel Nanje Gowda, Aged about 60 years, 5. Sri. Rame Gowda, S/o. Sajje Gowda, Aged about 77 years, 6. Smt. Hruvamma, W/o. Shive Gowda, Aged about 63 years, 7. Sri. Chandre Gowda, S/o. Sajje Gowda, Aged about 62 years, 8. Sri. Annayachari, S/o. Chaluvachar, Aged about 85 years, 9. Sri. Ramachari, S/o. Appajichar, Aged about 68 years, 10. Sri. Nanje Gowda, S/o. Puttaswamy Gowda, Aged about 70 years, 11. Sri. Marisidde Gowda, S/o. Ninge Gowda, 12. Sri. T.R.Rame Gowda, S/o. Rame Gowda, Aged about 64 years, 13. Sri. Shivanna, S/o. Sajje Gowda, Aged about 55 years, 14. Smt. Maligamma, W/o. Sajje Gowda, Aged about 64 years, 15. Sri. Naganna, W/o. Marisidde Gowda, Aged about 60 years, 16. Sri. Raje Gowda, S/o. Hirikere Gowda, Aged about 55 years, 17. Sri. Shekare Gowda, S/o. Linge Gowda, Aged about 58 years, 18. Sri. T.N.Raju, S/o. Patel Nanje Gowda, Aged about 62 years, 19. Sri. Raje Gowda, S/o. Malle Gowda, Aged about 59 years, All are residing at Tyavadahalli Village, Kasaba Hobli, Holenarasipura Taluk, Hassan District – 573 211.
(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, Represented by its Managing Director.
...Petitioners 3. Regional Commissioner, High Power Committee, Hunsur Road, Mysuru – 570 001, Represented by its President.
4. Deputy Commissioner, Office at Deputy Commissioner’s office building, Hassan – 573 116. .
... Respondents (By Sri. Vijayakumar A. Patil, AGA for R1, R3 & R4 and Sri. K.S.Bheemaiah, Adv. for R2) * * * These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to direct the respondents to dispose of the applications filed by the petitioners dated 17.07.2017 vide Annexures – A and B and pass appropriate orders thereon in accordance with law and etc.
These Writ Petitions coming on for Preliminary Hearing – B Group this day, the court made the following:-
O R D E R Though these writ petitions are listed for Preliminary Hearing – B Group, with the consent of learned counsel on both sides, they are heard finally.
2. Petitioners claim to be agriculturists who are cultivating their respective lands. They submit that on account of construction of Hemavathi Reservoir Project (Hemavathi Right Bank Main Canal), their village namely, Tyavadahalli 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 Right Bank Main Canal. In this regard, the petitioners herein along with other similarly placed persons have made representations to the respondents herein on 17.07.2017 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 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 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 filed by the residents of Noranakki Village, whereas, the present petitioners are resident of Thyavadahalli Village, who are similarly placed and that these writ petitions may be disposed of in terms of the orders passed in the aforesaid writ petitions. *Learned counsel for the petitioners further submits that acquisition notifications in respect of the said Village has been issued by the respondents under Sections 4(1) of the Land Acquisition Act, 1894 and thereafter, there has been no progress in the matter.
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 Right Bank Main Canal and take necessary steps for payment of compensation to the petitioners herein in accordance *Corrected V.C.O. dated 15.12.2017 with law. For the purpose of completing the said exercise, six months’ time is granted to the respondents.
7. Writ petitions are disposed of with the aforesaid observations and directions.
SD/- JUDGE SV/-
BVNJ W.P.Nos.47169-47171/2017 (LA-RES) 15.12.2017 and W.P.Nos.47319-47334/2017 ORDERS ON BEING SPOKEN TO These writ petitions are listed ‘for Being Spoken To’.
In substance, it is for correction of Order dated 26.10.2017 in as much as the said order has inadvertently not recorded the submission made by learned counsel for the petitioners with regard to the issuance of notification under Section 4(1) of the Land Acquisition Act, 1894. The submission is:
“Learned counsel for the petitioners further submits that acquisition notifications in respect of the said Village has been issued by the respondents under Sections 4(1) of the Land Acquisition Act, 1894 and thereafter, there has been no progress in the matter.”
In the circumstances, Office to include the said submission at the end of paragraph four and re-issue fresh certified copy. The addition is being made as a similar submission has been noted in other writ petitions disposed of by this Court.
Sd/- JUDGE Mds\-