- 1 - NC: 2025:KHC:7844 WP No. 5311 of 2023 C/W WP No. 35590 of 2024 WP No. 35682 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 5311 OF 2023 (GM-RES) C/W WRIT PETITION NO. 35590 OF 2024 (GM-RES) WRIT PETITION NO. 35682 OF 2024 (GM-RES) IN WP No. 5311/2023 BETWEEN: 1. SRI CHANNAPPA S/O LATE RAMAIAH AGED ABOUT 38 YEARS, R/O SATHKOLI, KUSUBUR VILLAGE, MUTHINAKOPPA POST, N R PURA TALUK PIN-577134. 2. SRI BASAVARAJ S/O SIDAPPA AGED ABOUT 78 YEARS, R/O DODDINATALE KUSUBUR VILLAGE, MUTHINAKOPPA POST N R PURA TALUK PIN-577134. 3. SRI PUTTASWAMY S/O SANNATHAMMA @ SANNAPPA AGED ABOUT 57 YEARS, R/O DODDINATALE, KUSUBUR VILLAGE MUTHINAKOPPA POST Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7844 WP No. 5311 of 2023 C/W WP No. 35590 of 2024 WP No. 35682 of 2024 N R PURA TALUK PIN-577134 …PETITIONERS (BY SRI. BALAGANGADHAR G S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY CHIEF SECRETARY, VIDHANA SOUDHA BANGALORE-560001. 2. THE DEPUTY COMMISSIONER CHIKKAMAGALURU DISTRICT CHIKKAMAGALURU-577134 3. THE TAHSILDAR N R PURA TALUK, N R PURA CHIKKAMAGALURU DISTRICT-577134 4. THE CHIEF ENGINEER VISVESVARAYA JALA NIGAM LIMITED, UPPER BHADRA PROJECT ZONE, CHITRADURGA PIN-515281 5. THE ASSISTANT EXECUTIVE ENGINEER VJNL UPPER BHADRA PROJECT, SUB DIVISION NO.2 MUTTINAKOPPA NR PURA TALUK CHIKKAMAGALURU DISTRICT PIN-577134 6. M/S BALAJI ENTERPRISES A REGD. COMPANY UNDER COMPANIES ACT REP. BY SRI HARI S/O N SUDHAKAR REDDY, SHOP NO.201, ASWINI, 2ND FLOOR, MANNAGUDDA-574142 - 3 - NC: 2025:KHC:7844 WP No. 5311 of 2023 C/W WP No. 35590 of 2024 WP No. 35682 of 2024 BALABAGH, MANGALORE …RESPONDENTS (BY SRI.SHAMANTH NAIK., HCGP FOR R1 TO R3 SRI. PRASHANTH B.R., ADVOCATE FOR R4 & R5 SRI. RAJASHEKAR., ADVOCATE FOR R6) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO RESTARINING THE R-4, 5 OR 6 OR THEIR SUBORDINATES OR THEIR WORKMEN OR ANYBODY CLAIMING UNDER THEM FROM CARRYING OUT ROCK BLASTING WORK USING EXPLOSIVES NEAR THE PROPERTIES OF THE PETITIONERS AS MENTIONED IN THE SCHEDULE THEREBY DIRECTING THE RESPONDENTS OR ANYBODY CLAIMING UNDER THEM FROM CAUSING DAMAGES TO THE PETITIONERS PROPERTIES AND TO LIFE AND LIMBS OF THE PETITIONERS AND THEIR FAMILY MEMBERS AND ETC. IN WP NO. 35590/2024 BETWEEN: 1. IN WP NO. 35590/2024 BETWEEN: 1. SRI KRISHNAMURTHY S R S/O RANGAIAH AGED ABOUT 55 YEARS, R/O 36, SATKOLI, KUSABUR VILLAGE, N.R.PURA TALUK 577 134 2. SMT.GOWRAMMA W/O DHARMAYYA AGED ABOUT 40 YEARS, R/O DODDINATALE, KUSABUR VILLAGE, N.R.PURA TALUK 577 134 3. SMT.PUSHPA N W/O GURUMURTHY AGED ABOUT 55 YEARS, R/O 23C DODDINATALE, KUSABUR VILLAGE, N.R.PURA TALUK 577 134 - 4 - NC: 2025:KHC:7844 WP No. 5311 of 2023 C/W WP No. 35590 of 2024 WP No. 35682 of 2024 4. SMT.PAVITHRA D/O.PUTTAYYA AGED ABOUT 34 YEARS, R/O 23C DODDINATALE, KUSABUR VILLAGE, N.R.PURA TALUK 577 134 5. SRI. KRISHNAPPA AGED ABOUT 72 YEARS, S/O SIDDAPPA R/O SATHKOLI, KUSABUR VILLAGE, N.R.PURA TALUK - PIN 577 134 6. SRI. PUTTASWAMY S/O RANGAPPA AGED ABOUT 63 YEARS, R/O SATHKOLI, KUSABUR VILLAGE, N.R.PURA TALUK 577 134 7. SRI. LOKESH N S/O LATE H S LINGANNA AGED ABOUT 51 YEARS, R/O DODDINATALE KUSABUR VILLAGE, N.R.PURA TALUK 577 134 8. SRI. NAGESH D N S/O NINGAPPA AGED ABOUT 44 YEARS, R/O DODDINATALE KUSABUR VILLAGE, N.R.PURA TALUK 577 134 9. SRI. CHINNAIAH S/O RAMAIAH AGED ABOUT 53 YEARS, R/O SATHKOLI KUSABUR VILLAGE, N.R.PURA TALUK 577 134 - 5 - NC: 2025:KHC:7844 WP No. 5311 of 2023 C/W WP No. 35590 of 2024 WP No. 35682 of 2024 10. SRI. JAYARAMA S/O LATE RAMAIAH AGED ABOUT 56 YEARS, R/O SATHKOLI KUSABUR VILLAGE, N.R.PURA TALUK 577 134 11. SRI. MANJUNATHA S N S/O LINGAPPA AGED ABOUT 36 YEARS, R/O 45, SATHKOLI KUSABUR VILLAGE, N.R.PURA TALUK - 577 134 12. SRI. SHEKARA S/O LINGAPPA AGED ABOUT 40 YEARS, R/6 45, SATHKOLI KUSABUR VILLAGE, N.R.PURA TALUK - 577 134 13. SRI. D RAMESHA S/O LATE DHARMAYYA AGED ABOUT 49 YEARS, R/O 6, DODDINATHALE, KUSABUR VILLAGE, N.R.PURA TALUK 577 134 14. SRI. LAKSHMAN S/O RAMAIAH AGED ABOUT 74 YEARS, R/O 55, SATHKOLI, KUSABUR VILLAGE, N.R.PURA TALUK 577 134 15. SRI. S G PUNITH S/O LATE GANESHA AGED ABOUT 19 YEARS, R/O 35, SATHKOLI, KUSABUR VILLAGE, N.R.PURA TALUK 577 134 - 6 - NC: 2025:KHC:7844 WP No. 5311 of 2023 C/W WP No. 35590 of 2024 WP No. 35682 of 2024 16. SRI. ITTIRA S/O VARGISH AGED ABOUT 55 YEARS, R/O 60, SATHKOLI, KUSABUR VILLAGE, N.R.PURA TALUK 577 134 17. SRI. RUKMAIAH S/O LATE HOOVANNA AGED ABOUT 52 YEARS, R/O SATHKOLI, KUSABUR, N.R.PURA TALUK - 577 134 18. SRI. SHIVANNA S/O RAMAIAH AGED ABOUT 81 YEARS, R/O SATHKOLI, KUSABUR VILLAGE, N.R.PURA TALUK - 577 134 19. SRI. RAMANNA S/O LATE RAMAIAH AGED ABOUT 51 YEARS, R/O SATHKOLI, KUSABUR VILLAGE, N.R.PURA TALUK -577 134 20. SRI. CHANDRAPPA S/O LATE GUTTAPPA AGED ABOUT 84 YEARS, R/O 56, SATHKOLI, KUSABUR VILLAGE, N.R.PURA TALUK 577 134 21. SMT. NETHRAVATHI N W/O KR DAKESHA @ HOOVANNA AGED ABOUT 42 YEARS, R/O DODDINATHALE, KUSABUR VILLAGE, N.R.PURA TALUK 577 134 - 7 - NC: 2025:KHC:7844 WP No. 5311 of 2023 C/W WP No. 35590 of 2024 WP No. 35682 of 2024 22. SRI. MANJUNATHA S/O NAGAPPA AGED ABOUT 52 YEARS, R/O 49, SATHKOLI, KUSABUR VILLAGE, N.R.PURA TALUK -577 134 23. SMT. DANAMMA W/O MALLESHA, AGED ABOUT 51 YEARS, R/O 49, SATHKOLI, KUSABUR VILLAGE, N.R.PURA TALUK - 577 134 24. SMT. GOWRAMMA W/O LATE NAGAPPA, AGED ABOUT 80 YEARS, R/O 49, SATHKOLI, KUSABUR VILLAGE, N.R.PURA TALUK -577 134 ...PETITIONERS (BY SRI. BALAGANGADHAR G S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY CHIEF SECRETARY, VIDHANA SOUDHA, BANGALORE. 560001 2. THE DEPUTY COMMISSIONER CHIKKAMAGALURU DISTRICT. CHIKKAMAGALURU. 577 134 3. THE TAHSILDHAR NR PURA TALUK N.R. PURA, CHIKKAMAGALURU DISTRICT - 577 134 4. THE CHIEF ENGINEER VISVESVARAYA JALA NIGAM LIMITED, UPPER BHADRA PROJECT ZONE, - 8 - NC: 2025:KHC:7844 WP No. 5311 of 2023 C/W WP No. 35590 of 2024 WP No. 35682 of 2024 CHITRADURGA – 515281 5. THE ASSISTANT EXECUTIVE ENGINEER VJNL UPPER BHADRA PROJECT, SUB DIVISION NO. 2, MUTTINAKOPPA NR PURA TALUK CHIKKAMAGALURU DISTRICT 577 134. 6. M/S BALAJI ENTERPRISES REPRESENTED BY SRI HARI S/O N. SUDHAKAR REDDY, SHOP NO. 201, ASWINI, 2ND FLOOR, MANNAGUDDA -574142 BALABAGH, MANGALORE ...RESPONDENTS (BY SRI.SHAMANTH NAIK., HCGP FOR R1 TO R3 SRI. PRASHANTH B.R., ADVOCATE FOR R4 & R5 SRI. RAJASHEKAR., ADVOCATE FOR R6) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO GRANT WRIT OF MANDAMUS OR ANY OTHER SUITABLE WRIT OR ORDERS OR DIRECTIONS, RESTRAINING THE R4, 5 AND 6 OR THEIR SUBORDINATES OR THEIR WORKMEN OR ANYBODY CLAIMING UNDER THEM FROM CARRYING OUT ROCK BLASTING WORK USING EXPLOSIVES NEAR THE PROPERTIES OF THE PETITIONERS THEREBY DIRECTING THE RESPONDENTS OR ANYBODY CLAIMING UNDER THEM FROM CAUSING DAMAGES TO THE PETITIONERS PROPERTIES AND ETC. IN WP NO. 35682/2024 BETWEEN: 1. SMT. LAKSHMIDEVI W/O LATE CHANNAPPA - 9 - NC: 2025:KHC:7844 WP No. 5311 of 2023 C/W WP No. 35590 of 2024 WP No. 35682 of 2024 AGED ABOUT 61 YEARS, R/O SATHKOLI, KUSABUR VILLAGE, MUTHINAKOPPA, N.R.PURA TALUK CHIKKAMAGALUR - 577 134 2. SMT REVATHI S W/O SHANKARAPPA M S AGED ABOUT 31 YEARS, R/O NO.35, SATHKOLI, NEAR ANGANAVADI, KUSABUR VILLAGE, N.R.PURA TALUK CHIKKAMAGALUR - 577 134 3. SRI PUTTASWAMY S/O MANJAPPA AGED ABOUT 54 YEARS, R/O NO.74, SATHKOLI, MUTHINAKOPPA, NEAR ANGANAVADI, KUSABUR VILLAGE, NUTHINAKOPPA, N.R.PURA TALUK CHIKKAMAGALUR - 577 134 4. SRI NAGARAJ S/O LATE NAGAPPA AGED ABOUT 74 YEARS, R/O NO.65, SATHKOLI, NEAR ANGANAVADI, KUSABUR VILLAGE, MUTHINAKOPPA, N.R.PURA TALUK CHIKKAMAGALUR - 577 134 5. SRI KRISHNAMURTHY S/O RAMAIAH AGED ABOUT 65 YEARS, R/O NO.114, SATHKOLI, NEAR ANGANAVADI KUSABUR VILLAGE, MUTHINAKOPPA, N.R.PURA TALUK CHIKKAMAGALUR - 577 134 - 10 - NC: 2025:KHC:7844 WP No. 5311 of 2023 C/W WP No. 35590 of 2024 WP No. 35682 of 2024 6. SRI PRABHAKARA S/O KENCHAPPA AGED ABOUT 54 YEARS, R/O NO.42B, SATHKOLI, KUSABUR VILLAGE, MUTHINAKOPPA, N.R.PURA TALUK CHIKKAMAGALUR - 577 134 7. SMT RATHNAMMA W/O M G RANGAPPA AGED ABOUT 56 YEARS, R/O NO.39, SATHKOLI, KUSABUR VILLAGE, MUTHINAKOPPA, N.R.PURA TALUK CHIKKAMAGALUR - 577 134 8. SRI RUDRAPPA R S/O GUTHAPPA AGED ABOUT 83 YEARS, R/O SATHKOLI, KUSABUR VILLAGE, MUTHINAKOPPA, N.R.PURA TALUK CHIKKAMAGALUR - 577 134 9. SRI S R HOOVANNNA S/O RANGAPPA AGED ABOUT 73 YEARS, R/O NO.32, SATHKOLI, NEAR ANGANAVADI, KUSABUR VILLAGE, MUTHINAKOPPA, N.R.PURA TALUK CHIKKAMAGALUR - 577 134 10. SRI NAGESHA S/O RAMAIAH AGED ABOUT 52 YEARS, R/O SATHKOLI, KUSABUR VILLAGE, MUTHINAKOPPA, N.R.PURA TALUK CHIKKAMAGALUR - 577 134 - 11 - NC: 2025:KHC:7844 WP No. 5311 of 2023 C/W WP No. 35590 of 2024 WP No. 35682 of 2024 11. SRI GANGANNA S/O MANJAPPA AGED ABOUT 52 YEARS, R/O NO.47, SATHKOLI, KUSABUR VILLAGE, N.R.PURA TALUK CHIKKAMAGALUR - 577 134 12. SRI CHANDRASHEKARA S/O RAMAIAH AGED ABOUT 65 YEARS, R/O NO.31, SATHKOLI, KUSABUR VILLAGE, MUTHINAKOPPA, N.R.PURA TALUK, CHIKKAMAGALUR-577 134 13. SRI AVINASH S H S/O HOOVANNA S R AGED ABOUT 30 YEARS, R/O SATHKOLI, NEAR SIDDDESHWARA TEMPLE KUSABUR VILLAGE, MUTHINAKOPPA, N.R.PURA TALUK, CHIKKAMAGALUR-577 134 14. SRI DUGGESH S L S/O LATE LAKKAPPA AGED ABOUT 41 YEARS, R/O SATHKOLI, NEAR ANGANVADI KUSABUR VILLAGE, N.R.PURA TALUK CHIKKAMAGALUR - 577 134 15. SRI DEVENDRA S/O SIDDAPPA AGED ABOUT 60 YEARS, R/O NO.71, SATHKOLI, NEAR ANGANAVADI SHETTYKOPPA, N.R.PURA TALUK CHIKKAMAGALUR - 577 134 - 12 - NC: 2025:KHC:7844 WP No. 5311 of 2023 C/W WP No. 35590 of 2024 WP No. 35682 of 2024 16. SRI SANTHOSH S K S/O KRISHNAMURTHY S R AGED ABOUT 30 YEARS, R/O KUSABUR VILLAGE, MUTHINAKOPPA, N.R.PURA TALUK CHIKKAMAGALUR-577 134 17. SRI HEMANTH S.P S/O LATE PUTTAIAH AGED ABOUT 30 YEARS, R/O SATHKOLI, NEAR SIDDESHWARA TEMPLE KUSABUR VILLAGE, MUTHINAKOPPA POST, N.R.PURA TALUK CHIKKAMAGALUR-577 134 18. SRI LOKESH S S/O LATE SHIVANNA AGED ABOUT 42 YEARS, R/O SATHKOLI, KUSABUR VILLAGE, MUTHINAKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALUR-577 134 19. SMT LALITHAMMA W/O CHINNAIAH AGED ABOUT 66 YEARS, R/O SATHKOLI, KUSABUR VILLAGE, MUTHINAKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALUR - 577 134 20. SMT SAVITHA W/O SHANTHAKUMARA AGED ABOUT 42 YEARS, R/O SATHKOLI, KUSABUR VILLAGE, MUTHINAKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALUR - 577 134 21. SRI SURESHA - 13 - NC: 2025:KHC:7844 WP No. 5311 of 2023 C/W WP No. 35590 of 2024 WP No. 35682 of 2024 S/O LATE RAMAYYA AGED ABOUT 50 YEARS, R/O SATHKOLI, KUSABUR VILLAGE, MUTHINAKOPPA POST, N.R.PURA TALUK CHIKKAMAGALUR - 577 134 22. SRI CHANDRASHEKARA S/O DY YOGISH AGED ABOUT 46 YEARS, R/O DODDINATHALEVASA, KUSABUR VILLAGE, MUTHINAKOPPA POST, N.R.PURA TALUK, CHIKKAMAGALUR - 577 134 ...PETITIONERS (BY SRI. BALAGANGADHAR G S.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY CHIEF SECRETARY, VIDHANA SOUDHA, BANGALORE 560001. 2. THE DEPUTY COMMISSIONER CHIKKAMAGALURU DISTRICT, CHIKKAMAGALURU - 577 134. 3. THE TAHSILDHAR NR PURA TALUK, N.R. PURA, CHIKKAMAGALURU DISTRICT PIN 577 134 4. THE CHIEF ENGINEER VISVESVARAYA JALA NIGAM LIMITED, UPPER BHADRA PROJECT ZONE, CHITRADURGA – 515281 5. THE ASSISTANT EXECUTIVE ENGINEER VJNL UPPER BHADRA PROJECT - 14 - NC: 2025:KHC:7844 WP No. 5311 of 2023 C/W WP No. 35590 of 2024 WP No. 35682 of 2024 SUB DIVISION NO 2, MUTTINAKOPPA NR PURA TALUK CHIKKAMAGALURU 577134 6. M/S BALAJI ENTERPRISES REPRESENTED BY SRI HARI S/O N. SUDHAKAR REDDY, SHOP NO. 201, ASWINI, 2ND FLOOR, MANNAGUDDA -574142 BALABAGH, MANGALORE ...RESPONDENTS (BY SRI.SHAMANTH NAIK., HCGP FOR R1 TO R3 SRI. PRASHANTH B.R., ADVOCATE FOR R4 & R5 SRI. RAJASHEKAR., ADVOCATE FOR R6) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO GRANT WRIT OF MANDAMUS OR ANY OTHER SUITABLE WRIT OR ORDERS OR DIRECTIONS, RESTRAINING THE RESPONDENTS 4, 5 AND 6 OR THEIR SUBORDINATES OR THEIR WORKMEN OR ANYBODY CLAIMING UNDER THEM FROM CARRYING OUT ROCK BLASTING WORK USING EXPLOSIVES NEAR THE PROPERTIES OF THE PETITIONERS THEREBY DIRECTING THE RESPONDENTS OR ANYBODY CLAIMING UNDER THEM FROM CAUSING DAMAGES TO THE PETITIONERS' PROPERTIES AND TO LIFE AND LIMBS OF THE PETITIONERS AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 15 - NC: 2025:KHC:7844 WP No. 5311 of 2023 C/W WP No. 35590 of 2024 WP No. 35682 of 2024 CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned counsel for the respondent – Visvesvaraya Jala Nigam Limited (VJNL) submits that statement of objections have been filed at the hands of the respondent at whose behest the canal is being constructed. It is pointed out from the Annexure-R1, a document filed along with the statement of objections that as far back as 29.06.2020, the villagers of Sathkohalli had entered into an agreement with the respondent No.6 agreeing to receive compensation in respect of 18 houses, which may have been damaged to some extent because of the works being carried out by the respondents. Learned counsel submits that this is a drinking water project and the petitioners should not seek to stall the project only on the ground that their houses would be damaged. The respondents are already on record, that if at all damage is caused to the buildings of the petitioners, appropriate - 16 - NC: 2025:KHC:7844 WP No. 5311 of 2023 C/W WP No. 35590 of 2024 WP No. 35682 of 2024 compensation will be paid to the petitioners, if not already paid. 2. Having regard to the public work that are carried out at the hands of the respondent – VJNL, learned counsel for the petitioner would fairly submit that the intention of the petitioners is not to stall the drinking water project, it is only the apprehension of the petitioners that their houses would be damaged and respondents would thereafter leave the place and the petitioners would be left high and dry. 3. Having regard to the narrow compass in which the dispute lies, this Court is of the considered opinion that the respondents should be permitted to proceed to complete the project. After completion of the project, the respondents shall cause an inspection of the buildings of the petitioner. Damage if any caused to the buildings belonging to the petitioners due to the works carried out by the respondents shall be assessed at the hands of the concerned Tahsildar. Appropriate compensation will have - 17 - NC: 2025:KHC:7844 WP No. 5311 of 2023 C/W WP No. 35590 of 2024 WP No. 35682 of 2024 to be paid by the respondent - VJNL to the petitioners. The undertaking given by the learned counsel for the respondents - VJNL, on instructions is placed on record. 4. The writ petitions are accordingly disposed of granting liberty to the petitioners to give a written complaint to the respondent - VJNL after completion of the works pointing out any damage that are caused to any building belonging to the petitioners. As and when such complaints are received, the respondent-VJNL, shall immediately act by causing an inspection and the concerned Tahasildar is also hereby directed to facilitate the inspection and inform the respondents about the damages that are caused and the compensation payable to the petitioners. The respondent-VJNL shall pay the compensation as determined by the Tahasildar or any competent authority without brooking any delay. At any rate, if such assessment is made and the Tahasildar indicates the compensation payable to each of the parties, the respondent-VJNL shall pay the compensation as - 18 - NC: 2025:KHC:7844 WP No. 5311 of 2023 C/W WP No. 35590 of 2024 WP No. 35682 of 2024 expeditiously as possible and at any rate within a period of two months from when the information is made available to them. Compensation already paid shall also be taken into consideration. 5. The submission of the learned counsel for the respondent - VJNL that controlled blasting if required will be undertaken to ensure that the least damage, is also placed on record. Ordered accordingly. Sd/- (R DEVDAS) JUDGE KLY CT: JL