- 1 - NC: 2025:KHC-D:3873 WP No. 106930 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. 106930 OF 2024 (LA-RES) BETWEEN: 1. MALLAPPA S/O FAKIRAPPA SUNAGAR AGE 55 YEARS OCC AGRICULTURE R/O HOLIHOSUR TQ BAILHONGAL 2. KALLAPPA SHIVALINGAPPA HOLI DECEASED BY HIS LRS SURESH S/O KALLAPPA HOLI AGE 56 YEARS OCC AGRICULTURE R/O HOLIHOSUR TQ BAILHONGAL 3. DEMAPPA S/O KALLAPPA NADAGOUDAR AGE 54 YEARS OCC AGRICULTURE R/O HOLIHOSUR TQ BAILHONGAL RATNAWWA W/O NEEALAKANTHAYYA KALMATH AGE MAJOR OCC AGRICULTURE R/O HOLIHOSUR TQ BAILHONGAL RPTD BY P.A HOLDER NEELAKANTHAYYA VEERABHADRAYYA KALMATH Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:3873 WP No. 106930 of 2024 DECEASED BY HIS LRS 4. MAHESH S/O NEELAKANTHAYYA KALMATH AGE 37 YEARS OCC AGRICULTURE R/O HOLIHOSUR, TQ BAILHONGAL 6. SHIVAPUTRAPPA S/O BASAVANTAPPA BANNUR AGE 71 YEARS OCC AGRICULTURE R/O HOLIHOSUR TQ BAILHONGAL …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 …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.85/1A MEASURING 01 ACRE 17 GUNTAS, SY.NO.30/2A+2B/2 MEASURING 13 GUNTAS, SY.NO.30/3B/1 MEASURING 11 GUNTAS, SY.NO.65/6+8B+7B/1 MEASURING 04 GUNTAS, SY.NO.62/2A MEASURING 01 ACRE 30 GUNTAS AND SY.NO.20/2A MEASURING 13 * Corrected vide court order dated 05.08.2025 Sd/- SGRJ - 3 - NC: 2025:KHC-D:3873 WP No. 106930 of 2024 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: 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.85/1A measuring 01 Acre 17 guntas, Sy.No.30/2A+2B/2 measuring 13 guntas, Sy.No.30/3B/1 measuring 11 guntas, Sy.No.65/6+8B+7B/1 measuring 04 guntas, Sy.No.62/2A measuring 01 acre 30 guntas and Sy.No.20/2A measuring 13 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. 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. - 4 - NC: 2025:KHC-D:3873 WP No. 106930 of 2024 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 31.12.2010 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. 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 - NC: 2025:KHC-D:3873 WP No. 106930 of 2024 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 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. 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