IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION Nos.16245-16247/2019 (LA – RES) BETWEEN:
1. SRI. VEERAPPA GOWDA S/O SANNE GOWDA AGED ABOU 78 YEARS 2. SRI H.K.HIRANNAYA S/O H.S.KUSHALAPPA AGED ABOUT 46 YEARS 3. SRI H.S.PARAMESHA S/O SANNE GOWDA AGED ABOUT 48 YEARS ALL ARE R/AT HERAGALALI VILLAGE K. HOSAKOTE HOBLI ALUR TALUK HASSAN DISTRICT-573201. …PETITIONERS (BY SRI RAJARAMA SOORYAMBAIL, ADV.) AND:
1. THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHI IRRIGATION PROJECT-II OFFICE AT DEPUTY COMMISSIONER’S OFFICE BUILDING, HASSAN HASSAN DISTRICT-573116.
2. KAVERI NEERAVARI NIGAMA ANAND RAO CIRCLE BANGALORE-560001 REP. BY ITS MANAGING DIRECTOR 3. REGIONAL COMMISSIONER HIGH POWER COMMITTEE HUNSUR ROAD, MYSORE-570001 REP. BY ITS PRESIDENT 4. DEPUTY COMMISSIONER OFFICE AT DEPUTY COMMISSIONER OFFICE BUILDING HASSAN—573116. …RESPONDENTS (BY SRI B.J.ESHWARAPPA, AGA. FOR R-1 & R-4; SRI K.S.BHEEMAIAH, ADV. FOR R-2.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS TO THE RESONDENT AUTHORITIES TO CONSIDER THE REPRESENTATIONS SUBMITTED BY THE PETITIONERS HEREIN DATED 06.08.2015 VIDE ANNEXURE-A, REPRESENTATION DATED 06.02.2019 VIDE ANNEXURE-B AND ALSO A DIRECTION MAY BE ISSUED TO THE R-1 i.e., SPECIAL LAND ACQUISITION OFFICER, TO ASSESS THE QUANTUM OF DAMAGES CAUSED DUE TO SEEPAGE EFFECT TO THE HOUSE PROPERTY OF THE PETITIONERS AND TO DISBURSE THE APPROPRIATE COMPENSATORY AMOUNT TO THE PETITIONERS; AND ETC., THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioners are claiming to be the agriculturists who have been cultivating and doing agricultural activities in their own land i.e., in Heragalale Village, K.Hosakote Hobli, Aalur Taluk, Hassan District. It is the contention of the petitioners that on introduction of the Hemavathi Reservoir Project by the State Government, due to the stockage of back water in the said dam the entire village and the residential houses of the petitioners are seeped on account of water logging. Due to the said seepage, some of the houses of the petitioners have been collapsed and damaged. It is the grievance of the petitioners that in this background, several representations were made by the petitioners seeking for award of compensation and rehabilitation. Despite the spot inspection conducted by the Tahasildar and a report has been submitted before the High Power Committee for necessary action, no proceedings have been initiated and no decision has been taken by the competent authority – respondent Nos.1 to 3. Hence, these writ petitions.
2. Learned counsel for the petitioners has placed reliance on the orders of this Court in W.P.Nos.29604-608/2018 and allied matters as well as W.P.No.33143-33243/2018 in support of his contention that in identical circumstances, this Court has directed the respondents to consider the representations of the petitioners and to take a decision in an expedite manner and accordingly, the petitioners are entitled to similar relief.
3. Learned Additional Government Advocate does not dispute the same.
4. In view of the aforesaid, this court is of the considered opinion that the interest of justice would be met in directing the respondent Nos.1 to 3 to consider the representations of the petitioners dated 06.08.2015 and 06.02.2019 at Annexures-A and B and take a decision in as much as the determination of compensation as well as the rehabilitation of the petitioners in accordance with law in an expedite manner in any event not later than twelve weeks from the date of receipt of the certified copy of the order. Ordered accordingly.
Writ petitions stand disposed of in terms of the above.
Sd/- JUDGE NC.