- 1 - HC-KAR NC: 2025:KHC:42796 WP No. 13639 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 13639 OF 2025 (LA-RES) BETWEEN: S.L.NARASIMHAIAH S/O K LAKSHMANAPPA AGED ABOUT 54 YEARS R/AT SURIGENAHALLI VILLAGE, KASABA HOBLI, GOPALPURA POST, GUBBI TALUK, TUMAKURU DISTRICT – 572216. …PETITIONER (BY SRI.SRIKANTH.R.M, ADVOCATE FOR SRI.G S PRASANNA KUMAR, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY IRRIGATION DEPARTMENT M.S BUILDING, DR. AMBEDKAR VEEDHI BENGALURU -560 001. 2. DEPUTY COMMISSIONER TUMKURU, TUMAKURU DISTRICT -572101. 3. SPECIAL LAND ACQUISITION OFFICER HEMAVATHI CANAL ZONE, TUMAKURU-572101. …RESPONDENTS (BY SRI.HARISHA.A.S, AGA FOR R1 TO R3) Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42796 WP No. 13639 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DTD.12.11.2024 SLAO/SR (GU-BIKKEGUDDA) 02/17/2020-21/321 PASSED BY THE R-3 AT ANNX-F, REJECTING THE PETITION OF THE PETITIONER SEEKING FOR ENHANCEMENT OF THE COMPENSATION AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER 1. The petitioner has approached this Court seeking to quash the impugned endorsement dated 12.11.2024 issued by the respondent No.3 at Annexure-F, whereby the petitioner's request made under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (‘the Act’ for short) was rejected on the ground that the same was not filed within 45 days of the award being issued, and further, a mandamus directing the respondents to consider the petitioner's petition dated 27.09.2024 seeking enhancement of compensation, in accordance with law. - 3 - HC-KAR NC: 2025:KHC:42796 WP No. 13639 of 2025 2. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondents-State. 3. The petitioner claims to be the owner of the land in survey No.32/9 situated at Surigenahalli Village, Kadaba Hobli, Gubbi Taluk through inheritance. 4. The petitioner is in physical possession and enjoyment of the same. The respondents acquired the portion of the petition land in survey No.32/9 to an extent of 7 Guntas of land for public purpose. On 10.01.2023, the respondent No.3 passed an I-Thirpu (final award), determining and allotting a total compensation of Rs.68,10,759/- to all the affected land owners and issued a certificate of award detailing the amount awarded to each of the land owners. The award notice was issued to the petitioner indicating compensation of Rs.7,89,113/-. The petitioner being not satisfied with the award passed and after coming to know about the award, approached the respondent on 08.10.2024 seeking enhancement of - 4 - HC-KAR NC: 2025:KHC:42796 WP No. 13639 of 2025 compensation under the provisions of the Act. The respondent No.3 rejected the petitioner's request made under Section 64 of the Act on the ground that the same was not filed within 45 days of the award being issued. Aggrieved by the endorsement, the petitioner is before this Court in this petition. 5. Section 64 of the Act reads as under: ”64. Reference to Authority.–(1) Any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Authority, as the case may be, whether his objection be to the measurement of the land, the amount of the compensation, the person to whom it is payable, the rights of Rehabilitation and Resettlement under Chapters V and VI or the apportionment of the compensation among the persons interested: Provided that the Collector shall, within a period of thirty days from the date of receipt of application, make a reference to the appropriate Authority: Provided further that where the Collector fails to make such reference within the period so specified, - 5 - HC-KAR NC: 2025:KHC:42796 WP No. 13639 of 2025 the applicant may apply to the Authority, as the case may be, requesting it to direct the Collector to make the reference to it within a period of thirty days. (2) The application shall state the grounds on which objection to the award is taken: Provided that every such application shall be made— (a) if the person making it was present or represented before the Collector at the time when he made his award, within six weeks from the date of the Collector’s award; (b) in other cases, within six weeks of the receipt of the notice from the Collector under section 21, or within six months from the date of the Collector’s award, whichever period shall first expire: Provided further that the Collector may entertain an application after the expiry of the said period, within a further period of one year, if he is satisfied that there was sufficient cause for not filing it within the period specified in the first proviso.” 6. From the above provision, it clearly indicates that if a person interested, who has not accepted the award, may, by way of a written application to the Collector, require the - 6 - HC-KAR NC: 2025:KHC:42796 WP No. 13639 of 2025 matter be referred to by the Collector for determination of the authority. The Collector shall, on such application being filed, within a period of 30 days from the date of receipt of the application, make a reference to the appropriate authority and where the Collector fails to make such a reference within a period specified, the applicant may apply to the authority, as the case may be requesting the Collector to make the reference to it within a period of 30 days. The award was passed on 30.12.2023. The application was filed on 08.10.2024, beyond the period of 30 days. 7. The provision of sub-clause 2 of Section 64 of the Act explicitly states that if the person making it was present or represented before the Collector at the time when he made his award, the application shall be made within six weeks from the date of the Collector's award, and in other cases, within six weeks of the receipt of the notice from Collector under Section 21 or within six months from the - 7 - HC-KAR NC: 2025:KHC:42796 WP No. 13639 of 2025 date of the Collector's award, whichever period shall first expire. 8. 8. Though, the learned counsel for the petitioner stated that on 15.02.2024 an award notice was issued to the petitioner indicating the compensation of Rs.7,89,113/-, but the petitioner did not receive the notice and as such, the application filed by the petitioner was within time. As could be seen from the proviso (b) of sub-section 2 of Section 64, it clearly indicates that it shall be within six weeks of the receipt of notice from the Collector under Section 21 or within six months from the date of the Collector's Award. 9. In this case, even assuming that no notice was issued and the petitioner was not present, the six months from the date of the Collector's Award i.e. 30.12.2023 expires in June 2024 and the application was filed on 08.10.2024. The impugned order, though says that there is a delay of 236 days, would not be appropriate. However, the application filed by the petitioner was not - 8 - HC-KAR NC: 2025:KHC:42796 WP No. 13639 of 2025 within the prescribed period as enumerated under proviso (b) of sub-section 2 of Section 64 of the Act. 10. In those circumstances, the endorsement dated 12.11.2024 issued by the respondent No.3 at Annexure-F is justified and does not warrant any interference. 11. Accordingly, the writ petition is dismissed. Sd/- ____________________ JUSTICE K.S. HEMALEKHA HA List No.: 1 Sl No.: 5