- 1 - NC: 2025:KHC:1691 WP No. 38058 of 2017 C/W WP No. 10742 of 2018 WP No. 33074 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 38058 OF 2017 (LA-RES) C/W WRIT PETITION NO. 10742 OF 2018 (LA-RES) WRIT PETITION NO. 33074 OF 2018 (LA-RES) IN WP No. 38058/2017 BETWEEN: SMT CHETHAN G SHETTY W/O GOPALAKRISHNA SHETTY, AGED ABOUT 40 YEARS, R/AT BRINDAVANA, SOORNALLI ROAD, KUNDAPURA, KASABA VILLAGE, KUNDAPURA TALUK UDUPI DISTRICT-576101 …PETITIONER (BY SMT. THANIMA BEKAL, ADVOCATE FOR SRI. HAREESH BHANDARY T., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY TO THE REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001 2. LAND ACQUISITION OFFICER & ASSISTANT COMMISSIONER Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:1691 WP No. 38058 of 2017 C/W WP No. 10742 of 2018 WP No. 33074 of 2018 KUNDAPURA SUB-DIVISION, KUNDAPURA TQ-576101 3. TAHASILDAR KUNDAPURA TALUK, KUNDAPURA-576101 4. SPECIAL TAHASILDAR BRAMHAVARA, UDUPI DISTRICT-576101 5. GANESH NARASIMHA ACHAR S/O NARASIMHA ACHAR AGED ABOUT 52 YEARS R/O KALAVARA VILLAGE KUNDAPUR TALUK, UDUPI DISTRICT NOW R/AT H.NO.1796/5 KAIGA ROAD HABBUWADA KARWAR 6. INDIRA GANESH ACHAR W/O GANESH ACHAR AGED ABOUT 40 YEARS R/O KALAVARA VILLAGE KUNDAPURA TALUK UDUPI DISTRICT NOW R/AT H.NO.1796/5 KAIGA ROAD HABBUWADA KARWAR 7. SMT. NAGAMANI W/O SEETHARAM KARANTH AGED ABOUT 41 YEARS R/O VADERHOBLY NEAR HANUMAN GARAGE B C ROAD KUNDAPURA UDUPI DISTRICT. 8. SMT JAYALAKSHMI ADIGA W/O MAHADEV ADIGA AGED ABOUT 45 YEARS R/O SATAVARA - 3 - NC: 2025:KHC:1691 WP No. 38058 of 2017 C/W WP No. 10742 of 2018 WP No. 33074 of 2018 MOODALAKATTI KUNGAPURA UDUPI DISTRICT. 9. HARISH S/O B MANJUNATHA ADIGA AGED ABOUT 42 YEARS R/O BANASHANKARI TEMPLE ROAD CHALLAKERE, CHITRADURGA DISTRICT 10. SMT. NIRMALA HOLLA W/O MANJUNATHA HOLLA AGED ABOUT 56 YEARS R/O VADERAHOBLY NEAR SAHEBA ROAD KUNDAPURA, UDUPI DISTRICT. 11. VARAHI PROJECT DIVISION KNNL, SIDDAPURA UDUPI DISTRICT – 576 229 …RESPONDENTS (BY SRI. SPOORTHY HEGDE, HCGP FOR R1 TO R4 SRI. V.P. KULAKARNI, ADVOCATE FOR R5 TO R10 SRI. B.R. PRASHANTH, ADVOCATE FOR R11 ON I.A.2/2024) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE ANNEX-N DATED 18.2.2017 ISSUED BY R-2 AND THE COMMUNICATION ANNEX-S DATED 17.5.2017 ISSUED BY R-2. IN WP NO. 10742/2018 BETWEEN: SRI. GOPALAKRISHNA SHETTY S/O S V SHETTY AGED ABOUT 47 YEARS R/AT BRINDAVANA, SOORNALLI ROAD, KUNDAPURA KASABA VILLAGE - 4 - NC: 2025:KHC:1691 WP No. 38058 of 2017 C/W WP No. 10742 of 2018 WP No. 33074 of 2018 KUNDAPURA TALUK UDUPI DISTRICT - 576101 ...PETITIONER (BY SMT. THANIMA BEKAL, ADVOCATE FOR SRI. HAREESH BHANDARY T., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY TO THE REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU – 560001 2. LAND ACQUISITION OFFICER & ASSISTANT COMMISSIONER KUNDAPURA SUB DIVISION KUNDAPURA – 576117 3. TAHASILDAR KUNDAPURA TALUK KUNDAPURA – 576117 4. SPECIAL TAHASILDAR BRAMHAVARA UDUPI DISTRICT – 576117 ...RESPONDENTS (BY SRI. SPOORTHY HEGDE, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMUNICATION ANNEX-S DATED 17.5.2017 ISSUED BY R-2 IN SO FAR IT RELATES TO PETITIONER'S LAND. IN WP NO. 33074/2018 BETWEEN: 1. GANESH NARASIMHA ACHAR S/O NARASIMHA ACHAR AGED ABOUT 52 YEARS, R/O KALAVARA VILLAGE, - 5 - NC: 2025:KHC:1691 WP No. 38058 of 2017 C/W WP No. 10742 of 2018 WP No. 33074 of 2018 KUNDAPUR TALUK UDUPI DISTRICT NOW RESIDING IN H NO.1796/5, KAIGA ROAD, HABBUWADA KARWAR – 581 301 2. INDIRA GANESH ACHAR W/O GANESH ACHAR AGED ABOUT 40 YEARS, R/O KALAVARA VILLAGE, KUNDAPURA TALUK , UDUPI DISTRICT NOW RESIDING AT IN H NO.1796/5M KAIGA ROAD, HABBUWADA KARWAR – 581 301 3. SMT NAGAMANI W/O SEETHARAM KARANTH AGED ABOUT 41 YEARS, R/O VADERHOBLY NEAR HANUMAN GARAGE B C ROAD, KUNDAPURA UDUPI DITRICT – 576 201 4. SMT JAYALAKSHMI ADIGA W/O MAHADEV ADIGA AGED ABOUT 45 YEARS, R/O SATAVARA MOODALAKATTI KUNGAPURA, UDUPI DISTRICT – 576 201 5. HARISH S/O B MANJUNATHA ADIGA AGED ABOUT 42 YEARS, R/O BANASHANKARI TEMPLE ROAD CHALLAKERE, CHITRADURGA DISTRICT – 577 522 6. SMT NIRMALA HOLLA W/O MANJUNATHA HOLLA AGED ABOUT 56 YEARS, R/O VADERAHOBLY, NEAR SAHEBA ROAD, KUNDAPURA, UDUPI DITRICT – 576 201 ...PETITIONERS (BY SRI. V P KULKARNI, ADVOCATE) - 6 - NC: 2025:KHC:1691 WP No. 38058 of 2017 C/W WP No. 10742 of 2018 WP No. 33074 of 2018 AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT VIKASA SOUHDA DR B.R. AMBEDKAR VEEDHI BANGALORE-560 001 2. LAND ACQUISITION OFFICER & ASST. COMMISSIONER KUNDAPURA SUB DIVISION KUNDAPURA UDUPI DISTRICT – 576 201 3. TAHASILDAR KUNDAPURA TALUK KUNDAPURA, UDUPI DISTRICT – 576 201 4. SPECIAL TAHASILDAR BRAHMAVARA UDUPI DISTRICT – 574 114 5. SMT CHETHANA G SHETTY W/O GOPALAKRISHNA SHETTY AGED ABOUT 41 EYARS, BRINDAVANA, SOORANAHALLI ROAD, KUNDAPURA, UDUPI DISTRICT – 576 201 6. DEPUTY COMMISSIONER UDUPI DISTRICT UDUPI – 574 118 ...RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1 TO R4 & R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTIFICATION ISSUED BY THE DEPUTY COMMISSIONER, UDUPI DISTRICT, UDUPI, IN NO.LAQ.CR.12/2012-13/56722 DTD 31.12.2013 AND NOTIFICATION UNDER SECTION 4 OF THE LAND ACQUISITION ACT IN CASE NO. LAQ-SR-5-2012-13 VIDE - 7 - NC: 2025:KHC:1691 WP No. 38058 of 2017 C/W WP No. 10742 of 2018 WP No. 33074 of 2018 ANNX-R IN SO FAR AS IT RELATES TO SY.NO.82/2 OF ASODU VILLAGE AND ALSO QUASH THE AWARD DTD 20.04.2015 IN NO. LAQ.SR.5/2012-13 AND AWARD NO.12/2015-16 VIDE ANNX-Z, PASSED BY R-2 IN SO FAR AS IT RELATES TO SY.NO.82/2 OF ASODU VILLAGE AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER The petitioners are before this Court seeking following reliefs: i. Issue writ of certiorari or any other appropriate writ quashing the impugned notice Annexure 'N' dated 18.02.2017 made in No.LAQ.SR 05/2012- 13 issued by the 2nd respondent and the communication Annexure 'S' dated 17.05.2017 made in No.LAQ.SR.05/2012-13 issued by the 2nd respondent. ii. Issue such other relief/s as it deems fit to grant in favour of the petitioner by this Hon'ble Court in view of the facts and circumstances of the cases, in the interest of justice. 2. A common question is involved in these petitions, with regard to the apportionment of the compensation payable in respect of land bearing - 8 - NC: 2025:KHC:1691 WP No. 38058 of 2017 C/W WP No. 10742 of 2018 WP No. 33074 of 2018 Sy.No.82/2 situated at Asodu village, Kundapura taluk, to the extent of 1 acre 04.50 cents, which is stated to have been acquired by the respondent – authority for the purpose of the Varahi Canal Project. It appears compensation in respect of the said acquisition has been disbursed in favour of the petitioners in W.P.No.38058/2017 and W.P.No.10742/2018 in respect of which there are rival claims made by same persons who claims to have purchased the portions of properties from the petitioners in W.P.Nos.38058/2017 and 10742/2018. It is this which has led to the issuance of impugned notices by the respondent – Special Land Acquisition Officer. 3. Learned counsel for the petitioners reiterating the grounds urged in the memorandum of writ petition in the first two matters, submits that in furtherance to said notice, without determination of the contentions of the parties, the respondent – authorities are making hectic efforts to attach other properties of the petitioners under the guise of seeking recovery of the amount which is - 9 - NC: 2025:KHC:1691 WP No. 38058 of 2017 C/W WP No. 10742 of 2018 WP No. 33074 of 2018 lawfully paid to them. Hence seeks for allowing of these petitions. 4. Heard and perused the records. 5. Impugned notice issued by the respondent – Special Land Acquisition Officer (for short 'SLAO), reads as follows: "ಅಂಮ ೋ ೕಸು. ಷಯ :-ಭೂಾೕನ- ಕುಂಾಪರ ಾಲೂಕು- ಅೋಡು ಾಮದ ಸ.ನಂಬ 82/2 ರ"# 1.0450 ಎ%ೆ ಸ&ಳವ )ಾ*ಾ+ ,*ಾವ- .ೕಜೆೆ ಭೂಾೕನ)ಾದೊಂಡ ಬೆ0 ಪ1ೆದ ಪ-2ಾರ 3ತ5ವನು6 ಈ ಕ8ೇ-ೆ ಮರು 9ಾವ :ಾಡುವ ಕು-ತು ಉ<ೆ#ೕಖ : (1) ಈ ಕ8ೇ-ಯ )ಾ>? ಸಂ@ೆA 12/15-16 Cಾಂಕ 4-12-2016 (2) Dೕ EಾಲಕೃಷG ಎH 9ೈ ಾAಯ)ಾCಯವರು ಎಂ.J.ರೆ5 %ಾರ)ಾರ ಇವರ °ÃUÀ¯ï ೋ ೕಸು Cಾಂಕ: 16-8-2016 (Nೕ%ಾರ Cಾಂಕ: 22-8-2016) (3) ಈ ಕOೇ-ಯ ಸಮಪತ ಸಂ@ೆA Cಾಂಕ 31-8-2016 (4) ಈ ಕ8ೇ-ಯ ಸಮಪತ ಸಂ@ೆA Cಾಂಕ 1-10-2016 (5) ತಹDೕ<ಾQರರು ಕುಂಾಪರ ಇವರ ಪRರ ಸಂ@ೆA ಎSಎಕೂA NಆU 21/2012-13 Cಾಂಕ 03-10-2016 (Nೕಕೃತ Cಾಂಕ 5-10-2016 ) (6) ಈ ಕOೇ-Wಂದ ,ಮೆ ,ೕXದ ೋ ೕಸು Cಾಂಕ 02-01-2017 (7) ,ಮY ಪತ Cಾಂಕ 04-01-2017 - 10 - NC: 2025:KHC:1691 WP No. 38058 of 2017 C/W WP No. 10742 of 2018 WP No. 33074 of 2018 Zೕ"ನ ಷಯ%ೆ[ ಸಂಬಂN ಕುಂಾಪರ ಾಲೂಕು ಅೋಡು ಾಮದ ಸ.ನಂಬ 82/2ರ (ಎ)ಾ>? \ರ.ಸಂ 12) 1.0450 ಎ%ೆ ಸ&ಳವ )ಾ*ಾ+ ಎಡದಂ1ೆ ಾ<ೆಯ ರಚೆೆ ಭೂಾೕನೊಂXರುತ5ೆ. ಸC ಸ&ಳದ ಪ-2ಾರವನು6 ,ಮೆ 9ಾವಸ<ಾ^ರುತ5ೆ. ಸ.ನಂಬ 82/2ರ"# ಭೂಾೕನೊಂXರುವ 1.0450 ಎ%ೆ ಸ&ಳದ"# ತರ +ಾಸ_5ಾರರ ಜ`ೕನು ಕೂಡ ಒಳೊಂXರುವದ-ಂದ ಅವ-ಗೂ ಕೂಡ ಜ`ೕ,ನ ಪ-2ಾರವನು6 9ಾವಸEೇ%ಾ^ರುವದ-ಂದ, ,ೕವ ಈ ಕOೇ-Wಂದ ಈಾಗ<ೇ ಪ1ೆCರುವ ಪ-2ಾರ 3ತ5 ರೂ 1,30,65,253- 00ನು6 3 Cನಗಳ ಒಳೆ ಈ ಕOೇ-ೆ ಮರು cೇವd :ಾಡುವಂೆ ಉ<ೆ#ೕಖ (6)ರ ೋ ೕNನ"# ,ಮೆ ೪ಸ<ಾ^ರುತ5ೆ. ಈ ೋ ೕNೆ ಉತ5ರ)ಾ^ ,ೕವ ಈ ಪಕರಣದ"# ಬಹಳ %ಾನೂಾತYಕ ಅಂಶಗಳh ಒಳೊಂXದುQ ಈ ಕು-ತು %ಾನೂನು :ಾ+ಯನು6 ಪ1ೆದು ಈ ಕ8ೇ-Wಂದ ,ೕXದ ೋ ೕNೆ ಸೂಕ5 ಉತ5ರ ,ೕಡಲು 1 ಂಗಳ %ಾ<ಾವ%ಾಶವನು6 ,ೕಡುವಂೆ ಉ<ೆ#ೕಖ (7)ರಂೆ ಪತ ಮೂಲಕ ,ೕವ %ೋ-ರು5ೕ-. ಉ<ೆ#ೕಖ (7)ರಂೆ %ಾ<ಾವ%ಾಶ %ೋ- ಈಾಗ<ೇ 45 Cನಗಳh ಕiೆದರು ,ೕವ ಪ-2ಾರ 3ತ5ವನು6 cೇವd :ಾಡೇ 2ಾಗೂ ಪ-2ಾರ 3ತ5ವನು6 cೇವd :ಾಡಲು jಾವೇ ಕಮ%ೈೊಳkೇ ಇರುವದು ಕಂಡು ಬರುತ5ೆ. ಆದQ-ಂದ ಈ ಅಂಮ ೋ ೕಸು Nೕಕ-Nದ 3 Cನಗಳ ಒಳೆ ,ೕವ ಈ ಕOೇ-Wಂದ ಈಾಗ<ೇ ಪ1ೆCರುವ ಪ-2ಾರ 3ತ5 ರೂ 1,30,65,253-00ನು6 cೇವd :ಾಡುವದು ಅದ%ೆ[ ತlmದ"# ಮುಂCನ %ಾನೂನು ಕಮ %ೈೊಳk<ಾಗುವೆಂದು ,ಮೆ ಈ ಮೂಲಕ nಸ<ಾ^ೆ. ಭೂ ಾೕಾ%ಾ- ಮತು5 ಸ2ಾಯಕ ಕ`ೕಷನU, ಕುಂಾಪರ." - 11 - NC: 2025:KHC:1691 WP No. 38058 of 2017 C/W WP No. 10742 of 2018 WP No. 33074 of 2018 6. A perusal of the above notice indicates that no reasons of any nature whatsoever have been assigned in the said notice calling upon the petitioners to re-deposit the amount of compensation paid as mentioned therein. Though the said document is titled as ' ಅಂಮ ೋ ೕಸು.' (final notice), as rightly contended by the learned counsel for the petitioners, same appears to be in the form of an order passed without providing any opportunity of hearing to the petitioners, which is impermissible. Impugned notice vide Annexure-N is liable to be quashed. 7. Learned counsel for the beneficiary - Karnataka Neeravari Nigam at this juncture submits that the pendency of this writ petition has caused impediments in the beneficiary carrying out the project. He submits that liberty be reserved to the respondent–beneficiary to carry out the project in as much as the issue involved in the matter is only with regard to the apportionment of the compensation. - 12 - NC: 2025:KHC:1691 WP No. 38058 of 2017 C/W WP No. 10742 of 2018 WP No. 33074 of 2018 8. Learned counsel for the petitioners in response submits that if a clarity is given by the respondent to the effect that the project will be implemented only in respect of the land which is acquired and identified by the SLAO, they have no objection in that regard. 9. Submissions are taken on record. In view of the above the following: ORDER (a) Notice dated 18.02.2017 at Annexure –N is quashed. (b) The matter is remitted to respondent No.2 – Land Acquisition officer, who shall afford sufficient opportunity to the parties concerned and thereafter pass appropriate orders taking into consideration the law applicable with regard to the apportionment of the compensation. Such exercise shall be undertaken within an outer limit of 3 months - 13 - NC: 2025:KHC:1691 WP No. 38058 of 2017 C/W WP No. 10742 of 2018 WP No. 33074 of 2018 from the date of receipt of certified copy of this order. (c) It is further made clear that the petitioners in these petitions and other persons who claim to have had an interest in the subject property are at liberty to file their version, which shall be taken into consideration by the respondent – SLAO before passing the order as directed herein above. (d) It is made clear till such an order is passed, no precipitative action shall be taken by the respondent – authorities. (e) The SLAO shall ensure that the land which is acquired and ear-marked for the purpose of this project alone be utilized for the purpose of implementing the said project. (f) Write petition is disposed of accordingly. - 14 - NC: 2025:KHC:1691 WP No. 38058 of 2017 C/W WP No. 10742 of 2018 WP No. 33074 of 2018 In view of disposal of the writ petition, pending IA, does not survive for consideration and is accordingly disposed of. Sd/- (M.G.S. KAMAL) JUDGE SKS List No.: 1 Sl No.: 21