- 1 - NC: 2025:KHC-K:123 WP No. 201644 of 2024 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R.NATARAJ WRIT PETITION NO.201644 OF 2024 (LA-RES) BETWEEN: WAMAN RAO S/O HANMANTH RAO BIRADAR, AGE: 74 YEARS, OCC: NIL, R/O VILLAGE SIRJAWALGA, TQ. BASAVAKALYAN, DIST. BIDAR-585437. …PETITIONER (BY SRI. FAIZUDDIN K. ZARDI, AND SRI. H. SURYAKANTH, ADVOCATES) AND: 1. STATE OF KARNATAKA THROUGH, PRINCIPAL SECRETARY, REVENUE DEPARTMENT, 5TH FLOOR, GATE NO.3, M. S. BUILDINGS, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, BIDAR, DISTRICT: BIDAR-585401. 3. THE ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER, BASAVAKALYAN SUB DIVISION, BASAVAKALYAN, DIST. BIDAR-585327. 4. THE EXECUTIVE ENGINEER, MINOR IRRIGATION AND UNDER GROUND WATER RESOURCES DEPARTMENT, BIDAR DIVISION, Digitally signed by RENUKA Location: High Court Of Karnataka - 2 - NC: 2025:KHC-K:123 WP No. 201644 of 2024 NAUBAD INDUSTRIAL AREA, NAUBAD, BIDAR-585102. …RESPONDENTS (BY SMT. ANITA M. REDDY, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI, QUASHING THE DRAFT RE-DETERMINATION AWARD PREPARED BY THE RESPONDENT NO.3 AWARDING INTEREST UP TO 31.03.2016 IN HIS ORDER BEARING NO.J¸ïr©/¨sÀƸÁé/¹DgÀ-02/2009-10 (SDB/Bhooswa/CR- 2/2009-10) DATED 24.04.2016, NOW PRODUCED AS ANNEXURE C, B) ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT TO RE-DETERMINE THE COMPENSATION WITH UP TO DATE INTEREST U/S 28-A OF THE LAND ACQUISITION ACT 1894 AND PAY ENHANCED COMPENSATION JOINTLY AND SEVERALLY AS PRAYED IN APPLICATION ANNEXURE-A WITHOUT FURTHER DELAY. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R.NATARAJ ORAL ORDER The petitioner is before this Court seeking for a writ in the nature of certiorari to quash the communication dated 25.04.2016 addressed to Respondent No.2 (Deputy Commissioner) insofar as it relates to awarding interest till 31.03.2016. The petitioner has also sought for writ in the nature of mandamus to direct the respondents to re-determine the compensation under Section 28(A) of the - 3 - NC: 2025:KHC-K:123 WP No. 201644 of 2024 Land Acquisition Act and also award interest as permitted in law. 2. (i) The petitioner contends that he is the owner of 01 acre 19 guntas of land in Sy.No.30/2 of Sirjawalga village, Basavakalyan Taluk, Bidar District which was acquired by the respondents for the purposes of construction of minor irrigation tank on 29.10.1987. A final declaration was issued on 08.09.1990. The respondent No.3 passed an award determining the compensation at a sum of `4,545/- per acre. ii) It is claimed that other land losers sought reference under Section 18 of the Land Acquisition Act, following which they filed an appeal under Section 54(2) of the Land Acquisition Act whereby the compensation was enhanced to `15,775/-. (iii) The petitioner submits that he did not seek reference under Section 18 of the Land Acquisition Act but he filed an application under Section 28(A) of the Land Acquisition Act, 1854 before respondent No.3 for re- - 4 - NC: 2025:KHC-K:123 WP No. 201644 of 2024 determination and payment of enhanced compensation. He contends that no action was initiated on his request. (iv) A similarly placed person named Vittal filed a petition in W.P.No.20704/2004 before this Court and this Court in terms of the order dated 02.06.2004 directed the respondents therein to consider the same expeditiously. The respondent No.3 prepared a draft award not only in respect of Mr. Vittal but also the petitioner and while calculating interest on the enhanced compensation, he restricted the interest up to 31.03.2016. The draft award was submitted to respondent No.2 for approval. However, till date, the award is not approved and therefore the petitioner is before this Court seeking for appropriate direction to respondent Nos.2 and 3 to pass an award and also pay interest till the date of payment of the enhanced compensation. 3. Learned counsel for the petitioner reiterated the above contentions and prayed that the interest restricted up to 31.03.2016 be extended till the payment of the - 5 - NC: 2025:KHC-K:123 WP No. 201644 of 2024 compensation and also prayed that suitable direction be issued to respondent Nos.2 and 3 to pass an award. 4. Learned High Court Government Pleader representing the respondents did not dispute the fact that the compensation that was determined initially at `4,545/- per acre was enhanced to `15,775/- per acre. She also did not dispute the fact that the petitioner had filed petition under Section 28(A) of the Land Acquisition Act and therefore the petitioner was entitled to enhanced compensation. 5. In that view of the matter, this writ petition deserves to be disposed off as follows : ORDER i) The writ is allowed. ii) Respondent Nos.2 and 3 are directed to pass an award enhancing the compensation payable to the petitioner from `4,545/- per acre to `15,775/- per acre along with all statutory benefits and interest as - 6 - NC: 2025:KHC-K:123 WP No. 201644 of 2024 prescribed under Section 23 of the Land Acquisition Act. iii) The respondent shall pay the interest till the date of actual payment of the compensation. iv) This shall be complied within a period of three months from the date of receipt of a copy of this order. Sd/- (R.NATARAJ) JUDGE SN List No.: 1 Sl No.: 23 CT:SI