- 1 - NC: 2025:KHC:940 WP No. 13540 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 13540 OF 2021 (LA-RES) BETWEEN: 1. PRAMOD R. KAMATH S/O. LATE RAMDAS KAMATH AGED ABOUT 70 YEARS 2. POOJA P. KAMATH W/O. PRAMOD R. KAMATH AGED ABOUT 65 YEARS BOTH ARE R/AT NO.85, 1ST MAIN, 1ST CROSS OKALIPURAM BENGALURU - 560 021 …PETITIONERS (BY SRI. B. RAMESH, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF IRRIGATION VIDHANA SOUDHA DR AMBEDKAR VEEDHI BENGALURU - 560 001 REP. BY ITS SECRETARY 2. THE SPECIAL LAND ACQUISITION OFFICER YETHINAHOLE PROJECT TUMKURU 3. EXECUTIVE ENGINEER VISVESVARAYA JALA NIGAMA LIMITED YETHINAHOLE PROJECT Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:940 WP No. 13540 of 2021 DIVISION NO.2, TUMKURU - 572 102 …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., AGA FOR R1 AND R2 SRI. B. SUDHAKAR, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTUION OF INIDA PRAYING TO QUASH THE AWARD NOTICE BEARING DATED 03.03.2021 ISSUED BY THE R-2 AUTHORITY WHICH IS PRODUCED AND MARKED AS ANNEXURE-K. DIRECT THE R-2 AUTHORITY TO CONSIDER THE REPRESENTATION / OBJECTION DATED 09.01.2019 AND 26.08.2020 SUBMITTED BY THE PETITIONERS WHICH IS PRODUCED AND MARKED AS ANNEXURE-G AND J. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioners are before this Court claiming to be the owners of land bearing Sy.No.29/1 measuring 3 acres situated at Burudaghatta Village, Kora Hobli, Tumakuru District, of which 18 guntas of land was acquired by the respondent authorities for the purpose of Yettinahole project. 2. The case of the petitioners is that the nature of the land was changed from agricultural to non-agricultural residential purpose in terms of order dated 18.02.2011, - 3 - NC: 2025:KHC:940 WP No. 13540 of 2021 issued by office of Deputy Commissioner as per Annexure- C. However, as per the award passed vide Annexure-K, respondent authorities have assessed the compensation taking the nature of the land as agricultural land, which has caused substantial loss and hardship to the petitioners. 3. That apart it is the case of the petitioners that since Yettinahole project is running through and cutting across the land of petitioners, the utilization/utility of the land has been reduced. Therefore, petitioners are seeking allotment of alternate land. In furtherance whereof, petitioners have made representation dated 09.01.2019 and 26.08.2020 as per Annexure-G and J seeking allotment of alternate land, compensation of which has constrained the petitioners to dispossess. 4. Learned counsel for the petitioners on instructions submits that as regards enhancement of compensation is concerned, they be reserved liberty to approach the concerned authority in terms of the - 4 - NC: 2025:KHC:940 WP No. 13540 of 2021 provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Thus, learned counsel further submits that petitioners would restrict their petition only to the extent of their prayer for allotment of alternate land and also submits that respondent authorities be directed to consider their representation to the extent of grant or allotment of alternate land. Submission is taken on record. 5. Learned Additional Government Advocate and learned counsel appearing for respondent beneficiary submits that since counsel for the petitioners has submitted that their case regarding enhancement of compensation would be resorted to in terms of provisions of the Act, they would consider the request for allotment of alternate land, if permissible under law. Submission is taken on record. Accordingly, the following: ORDER (i) Respondent authorities to consider, if there is provisions for allotment of alternate land - 5 - NC: 2025:KHC:940 WP No. 13540 of 2021 as sought for by the petitioners, same shall be considered in accordance with law and order in this regard one way or the other be passed and be communicated to the petitioners as expeditiously as possible. (ii) Writ petition is disposed of accordingly. SD/- (M.G.S. KAMAL) JUDGE RR List No.: 1 Sl No.: 7