- 1 - NC: 2025:KHC-D:2000 WP No. 102113 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.102113 OF 2024 (LA-RES) BETWEEN: 1. SHIVALINGAPPA S/O MALLAPPA MELAVANKI AGE. 45 YEARS, OCC. AGRICULTURE, R/O. HOLIHOSUR, TQ. BAILHONGAL DIST. BELAGAVI. 2. ISMAILSAB S/O ALLISAB MANIKBAR AGE. 46 YEARS, OCC. AGRICULTURE, R/O. HOLIHOSUR, TQ. BAILHONGAL DIST. BELAGAVI. 3. HANAMANT S/O ANATACHARYA BENDIGERI AGE. 56 YEARS, OCC. AGRICULTURE, R/O. HOLIHPSOUR, TQ. BAILHONGAL DIST. BELAGAVI. 4. SMT. CHANABASAWWA W/O IRAPPA BASAPUR AGE. 38 YEARS, OCC. AGRICULTURE, R/O. HOLIHPSOUR, TQ. BAILHONGAL DIST. BELAGAVI. …PETITIONERS (BY SRI. OMKAR LAXMAN DESAI, ADVOCATE) AND: 1. THE SPECIAL LANC ACQUISITON OFFICER MALAPRABHA PROJECT-III, BAGALKOT DIST. BAGALKOT. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.01 15:31:05 +0530 - 2 - NC: 2025:KHC-D:2000 WP No. 102113 of 2024 2. THE EXECUTIVE ENGINEER KARNATAKA NEERAVARI NIGAM LIMITED MLBC DIVISION NO.2, NAVILUTHEERTH TQ. SAUNDATTI, DIST. BELAGAVI. …RESPONDENTS (BY SRI. V.S.KALASURMATH., AGA FOR R1; SMT. SURABHI KULKARNI., ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO: 1. ISSUE A WRIT OF MANDAMUS OR ANY OTHER ORDER OF DIRECTIONS DIRECTING THE RESPONDENT NO.1 TO CONSIDER THE REPRESENTATION DATED. 16-08-2018 VIDE ANNEXURE-C AND PAY THE DAMAGES/COMPENSATION AMOUNT FROM THE DATE OF TAKING POSSESSION TILL THE DATE OF 4(1) NOTIFICATION IN RESPECT OF SY.NO.64/4A MEASURING 12 GUNTAS, SY.NO.129/7A MEASURING 31 GUNTAS, SY.NO.134/1 MEASURING 33 GUNTAS, SY.NO.14/1 MEASURING 11 GUNTAS AND SY.NO.25/1A MEASURING 08 GUNTAS TO THE PETITIONERS RESPECTIVELY WITH ALL CONSEQUENTIAL BENEFITS MAKING INTO CONSIDERATION SIMILAR DAMAGES/AWARDS PASSED BY THE 1ST RESPONDENT IN THE ENDS OF JUSTICE AND EQUITY. OR 2. ISSUE A WRIT OF MANDAMUS OR ANY DIRECTIONS, DIRECTING RESPONDENT NO.1 TO PAY ADDITIONAL INTEREST BY WAY OF DAMAGES AT THE RATE OF 15 PERCENT PER ANNUM FROM THE PERIOD BETWEEN TAKING POSSESSION TILL 4(1) NOTIFICATION AS HELD BY THE HON’BLE SUPREME COURT IN THE CASE OF BALWAN SING AND OTHERS V/S LAO AND OTHERS AIR 2016 SC 1565. 3. ISSUE A WRIT OF MANDAMUS OR ANY DIRECTIONS, DIRECTING THE RESPONDENTS TO PAY INTEREST FOR THE DELAYED PAYMENT PERIOD, IN THE ENDS OF JUSTICE AND EQUITY. THIS PETITION IS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - NC: 2025:KHC-D:2000 WP No. 102113 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs; “1. Issue a writ of mandamus or any other order of directions directing the respondent No.1 to consider the representation dated. 16-08- 2018 vide Annexure-C and pay the damages/compensation amount from the date of taking possession till the date of 4(1) notification in respect of Sy.No.64/4a measuring 12 guntas, Sy.No.129/7a measuring 31 guntas, Sy.No.134/1 measuring 33 guntas, Sy.No.14/1 measuring 11 guntas and Sy.No.25/1a measuring 08 guntas to the petitioners respectively with all consequential benefits making into consideration similar damages/awards passed by the 1st respondent in the ends of justice and equity or 2. Issue a writ of mandamus or any directions, directing respondent no.1 to pay additional interest by way of damages at the rate of 15 percent per annum from the period between taking possession till 4(1) notification as held by the Hon’ble Supreme Court in the case of Balwan Sing And Others V/S L A O And Others. AIR 2016 SC 1565. 3. Issue a writ of mandamus or any directions, directing the respondents to pay interest for the delayed payment period, in the ends of justice and equity.” 2. Petitioners claim to be the owners of the various lands, which were acquired for the purpose of Malaprabha Reservoir Project and award has been - 4 - NC: 2025:KHC-D:2000 WP No. 102113 of 2024 passed on 31.10.2009 granting certain compensation, which compensation was enhanced by the Reference Court. 3. The petitioners claim that even before the acquisition proceedings were completed, possession of lands of the petitioners were taken by respondents depriving the petitioners of income from the said properties and as such representation was submitted on 07.08.2018 for grant of damages/award. 4. Smt.Surabhi Kulkarni, learned counsel for the respondent No.2 however contends that the possession was not taken over prior to the acquisition being completed and as such, no damages/award of similar amount would have to be paid in favour of the petitioners. 5. A representation is submitted by the petitioners on 07.08.2018, the fact remains that no order has been passed thereon. Even if, the respondents have good ground on merits, it was for the respondents to pass - 5 - NC: 2025:KHC-D:2000 WP No. 102113 of 2024 an order on the said representation either accepting or rejecting the representation. 6. Needless to say that, if the representation is rejected, the same would have to be accompanied by reasons. 7. In that view of the matter, reserving liberty to the petitioners and respondents to agitate all the issues before respondent No.1, petition stands disposed of. 8. Respondent No.1 shall pass necessary orders within 60 days from the date of receipt of certified copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE AM List No.: 1 Sl No.: 12