- 1 - NC: 2025:KHC-D:3854 WP No. 102737 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 102737 OF 2024 (LA-RES) BETWEEN: 1. MALAKAJI S/O SHIVAPUTRAPPA BAGOJI @ BAGEWADI AGE. 64 YEARS, OCC. AGRICULTURE, R/O.AMATUR, TQ.BAILHONGAL DIST. BELAGAVI 2. NAGAPPA S/O HUVAPPA RAJANNAVAR AGE. 70 YEARS, OCC. AGRICULTURE, R/O. HOLINAGALAPUR TQ.BAILHONGAL DIST. BELAGAVI …PETITIONERS (BY SRI. OMKAR LAXMAN DESAI,ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER MALAPRABHA PROJECT-III, BAGALKOT DIST. BAGALKOT 2. THE EXECUTIVE ENGINEER KARNATAKA NEERAVARI NIGAM LIMITED MLBC DIVISION NO.2, NAVILUTHEERTH TQ. SAUNDATTI DIST. BELAGAVI Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:3854 WP No. 102737 of 2024 …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1; SRI. M.B. KANAVI., ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER ORDER OR DIRECTIONS DIRECTING THE RESPONDENT NO.1 TO CONSIDER THE REPRESENTATION DATED 07- 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.99/03 SY.NO.166/1A MEASURING 31 GUNTAS, SY.NO.169 MEASURING 2 ACRE 20 GUNTAS TO THE PETITIONERS RESPECTIVELY WITH ALL CONSEQUENTIAL BENEFITS TAKING INTO CONSIDERATION SIMILAR DAMAGES/AWARDS PASSED BY THE 1ST RESPONDENT IN THE ENDS OF JUSTICE AND EQUITY.AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: a. Issue a writ of Mandamus or any other order or directions directing the R1 to consider the representation dated: 28.08.2018 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.166/1A measuring 31 guntas, Sy.No.169 measuring 2 Acre 20 Guntas to the petitioners respectively with all consequential benefits taking into consideration similar damages/awards passed by the 1st Respondent in the ends of justice and equity. * Corrected vide court order dated 05.08.2025 Sd/- SGRJ - 3 - NC: 2025:KHC-D:3854 WP No. 102737 of 2024 b. Issue a writ of Mandamus or any directions, directing R1 to pay additional interest by way of damages, at the rate of 15% 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 vs. LAO and others, AIR 2016 SC 1565. c. 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 passed on 24.12.2009 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 28.08.2018 for grant of damages/award. - 4 - NC: 2025:KHC-D:3854 WP No. 102737 of 2024 4. Sri.M.B.Kanavi, 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 28/08/2018, 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 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 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. - 5 - NC: 2025:KHC-D:3854 WP No. 102737 of 2024 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 LN List No.: 1 Sl No.: 0