- 1 - NC: 2025:KHC-D:4002 WP No. 104771 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.104771 OF 2024 (LA-RES) BETWEEN: MANGALA W/O. RAMANGOUDA POLICEPATIL, AGE: 35 YEARS, OCC: AGRICULTURE, R/O. GUNNAL, TQ: YELBURGA, DIST: KOPPAL. …PETITIONER (BY SRI. MRUTYUNJAYA S. HALLIKERI, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, KOPPAL DISTRICT, KOPPAL-587113. 2. KRISHNA BHAGYA JALA NIGAM LTD., (GOVERNMENT OF KARNATAKA UNDERTAKING) O/O. ASSISTANT EXECUTIVE ENGINEER, KBJNL, KOPPAL LIFT IRRIGATION SCHEME, SUB-DIVISION, YALABURGA, TQ: YALABURGA, DIST: KOPPAL-587113. 3. SPECIAL DEPUTY COMMISSIONER AND COMMUNITY MANAGER, LAND ACQUISITION, REHABILITATION AND RECONSTRUCTION, UPPER KRISHNA PROJECT NO.1, NAVANAGAR, BAGALKOTE-587313. 4. ADDITIONAL SPECIAL AND ACQUISITION OFFICER, UPPER KRISHNA PROJECT NO.1, NAVANAGAR, BAGALKOT-587313. 5. THE TAHASILDAR, YALABURGA TALUK, Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:4002 WP No. 104771 of 2024 KOPPAL DISTRICT-587113. 6. SRI. G. SHANKAR, CLASS-I CONTRACTOR, “SHAMILI” NH-17, AMBALPADY, UDUPI-576103, DIST: UDUPI. …RESPONDENTS (BY SRI. GANGADHAR J.M., AAG ALONG WITH SRI. V.S. KALASURMATH, AGA FOR R1 & R5 SRI. M.R.C. RAVI SR. COUNSEL FOR SRI. CHETAN MUNNOLI, ADVOCATE FOR R2-R4; SRI. SHIVA SHIRUR, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE ACTION OF THE RESPONDENTS BY ENTERING THE LAND OF THE PETITIONER I.E., SY.NO.69/1 SITUATED AT GUNNAL VILLAGE, YALABURGA TALUK, KOPPAL DISTRICT AND DIGGING THE LAND OF THE PETITIONER CAUSING DAMAGE, AND CHANGE OF THE ALIGNMENT OF THE PIPELINE AS ILLEGAL BEING CONTRARY TO ARTICLE 300(A) OF THE CONSTITUTION AND THE PROVISIONS OF RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013, IN THE INTEREST OF JUSTICE AND EQUITY AND ISSUE A WRIT, ORDER OR DIRECTION, IN THE NATURE OF MANDAMUS BY DIRECTING THE RESPONDENTS TO PAY COMPENSATION/DAMAGE OF RS.10,00,000/- IN THE INTEREST OF JUSTICE AND EQUITY AND ISSUE A WRIT, ORDER OR DIRECTION, IN THE NATURE OF MANDAMUS BY DIRECTING THE RESPONDENT NO.1,2 AND 5 TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER DATED 19/06/2024 AND 18/06/2024 VIDE ANNEXURE-J, K AND L, RESPECTIVELY AND ETC. THIS PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:4002 WP No. 104771 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: 1. Declare that, the action of the Respondents by entering the land of the petitioner i.e., Sy.No.69/1 situated at Gunnal village, Yalaburga Taluk, Koppal District and digging the land of the petitioner causing damage, and change of the alignment of the pipeline as illegal being contrary to Article 300(A) of the constitution and the provisions of Right to Fair Compensation and TRANSPARENCY In Land Acquisition, Rehabilitation and Resettlement Act, 2013, in the interest of justice and equity; 2. Issue a Writ, order or direction, in the nature of mandamus by directing the Respondents to pay compensation/damage of Rs.10,00,000/-in the interest of justice and equity; 3. Issue a Writ, order or direction, in the nature of mandamus by directing the Respondent No.1,2 and 5 to consider the representations of the petitioner dated 19/06/2024 and 18/06/2024 vide Annexure-J, K and L, respectively. 4. Pass such other order or orders that are deemed fit under the facts and circumstances of the case. 2. The initial contention of the petitioner was that the respondent had illegally caused damage to the land of the petitioner in Sy.No.69/1 of Gunnal village, Yalaburga taluk, Koppal District. During the course of - 4 - NC: 2025:KHC-D:4002 WP No. 104771 of 2024 hearing, both the counsels took time to inspect the property, ascertain the situation at the ground level and make their submission. Today, a joint memo has been filed, which reads as under: “The Petitioner & Respondent No. 2 submits as under; 1. It is agreed that, as against the initial approved alignment in respect of Sy. No.69/1 of Gunnal Village, the alignment of laying pipeline will be taken alongside of eastern boundary of Sy. No.69/1 measuring 110 Meters in length and 5 Meters in width, as against 12 Guntas as shown in initial approved alignment. Accordingly, Joint Measurement will be modified and correspondingly acquisition proceedings will also be modified. 2. In the meantime, the Respondents are at liberty to carry out the work in the above- mentioned property as agreed above from 28.02.2025 and the Petitioner shall not cause any Obstruction for carrying out the stipulated work. 3. It is agreed that, after laying pipeline, the excavated portion of land shall be levelled.” 3. Both the counsels submit that the pipeline, which is in the process of being laid by respondent No.2 will now be laid on the eastern boundary of the land of the petitioner namely Sy.No.69/1 to an extent of 110- meters in length and 5-meters in width. Accordingly, - 5 - NC: 2025:KHC-D:4002 WP No. 104771 of 2024 the acquisition notification would be modified. As regards which, the petitioner would not have any objection. 4. The petitioner, who is present in-person before this Court also confirms the contents of the joint memo and confirms the permission to the respondents to carryout the works in the aforesaid extent of 110 x 5 meters on the eastern boundary of Sy.No.69/1. 5. Placing the said submissions and taking on record the joint memo, which has been filed, the petition stands disposed of. 6. The respondents are directed to carryout necessary changes in the acquisition notification and make payment of the award amounts at the earliest considering that the petitioner has no objection to the acquisition. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT-MCK List No.: 1 Sl No.: 28