- 1 - NC: 2025:KHC:8501 WP No. 16163 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 16163 OF 2023 (LA-RES) BETWEEN: 1. N.G.SURESH, S/O GUPTA NSG, AGED ABOUT 58 YEARS, R/AT "SUMUKHA" 3RD CROSS, OPP. GANDHINAGAR PARK, GANDHINAGAR, TUMKURU - 572 101. 2. BALARAMA SHETTY, S/O B. RAMALAH SHETTY, AGED ABOUT 57 YEARS, 3RD CROSS, VALMIKINAGAR, TUMKURU, KUVEMPUNAGAR, TUMKURU - 572 103. 3. K.V. SHRINATHA, S/O K.S. VISHWANATHA SHETTY, AGED ABOUT 60 YEARS, R/AT SS PURAM, SAMESHWARA PURAM, TUMKURU - 572 102. 4. S.P. ANIL KUMAR, S/O C.S. PANDURANGA SHETTY, AGED ABOUT 56 YEARS, R/AT 3RD CROSS, Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8501 WP No. 16163 of 2023 K.R.EXTENSION, TUMKURU - 572 101. …PETITIONERS (BY SRI. H.C.SHIVARAMU, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, VIKASA SOUDHA, BANGALORE - 560 001. BY ITS CHIEF SECRETARY. 2. THE SPECIAL LAND ACQUISITION OFFICER, SPECIAL LAND ACQUISITION OFFICE, ETTINAHOLE YOJENA VIBHAGA, GANDINAGAR, TUMKURU - 572 103. …RESPONDENTS (BY SMT.B.SUKANYA BALIGA, AGA FOR R1 AND R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AWARD NOTICE DATED 29.10.2022 BEARING NO.SLO/SR/23/2018-19 VIDE ANNEXURE - L1 TO L3 RESPECTIVELY PASSED BY THE R-2 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL - 3 - NC: 2025:KHC:8501 WP No. 16163 of 2023 ORAL ORDER The petitioners claim to be joint owners of land in Sy.No.64 measuring 1 acre 7 guntas, Sy.No.65 measuring 1 acre 26 guntas and Sy.No.66 measuring 1 acre 20 guntas situated at Kurikempanahalli Village, Bellavi Hobli, Tumakuru Taluk having purchased the same under different deeds of sale. That they had applied to obtain change of land usage from agricultural to non agricultural which was accorded by the Deputy Commissioner vide official memorandum dated 19.09.2014. That the petitioners had obtained a development plan in respect of the aforesaid lands into single residential plot which was also accorded in terms of the orders dated 04.02.2019 by the Assistant Director, Urban and Rural Development Tumkuru. When things stood thus, the respondent had issued a notification on 21.02.2019 proposing to acquire a portion of the land for the purpose of Ettinahole project. Final notification has been issued on 04.01.2022. Award has been passed by the respondent-Authorities as per Annexures-L1, L2 and L3 by which a sum of Rs.49,36,360/-, Rs.69,31,909/- and Rs.68,01,736/- has been awarded, respectively, to the aforesaid portions of land acquired. - 4 - NC: 2025:KHC:8501 WP No. 16163 of 2023 2. The grievance of the petitioners is that since the nature of lands is converted from agriculture to non agriculture purposes, the respondent-Authorities ought to have taken the nature of the land as converted land, instead of considering the same as agricultural land, while awarding the compensation. 3. Learned counsel for the petitioners referring to Annexure-M submits that while issuing the award in respect of certain lands of Sy.No.16 of the very same village, forming part of the very same acquisition, the respondent-Authorities have taken the nature of land as non-agricultural and awarded compensation. He submits that the respondent-Authorities have shown discrepancy in awarding the compensation. If the respondent-Authorities had taken land in its changed nature, the quantum of compensation would have been much more than what is awarded. Thus, he submits that the award is to be quashed and respondent-Authorities be directed to reconsider the payment of compensation, taking the nature of the land as non-agricultural. Hence, seeks for allowing the petition. - 5 - NC: 2025:KHC:8501 WP No. 16163 of 2023 4. In response, learned High Court Government Pleader referring to Annexure-G1, G2, G3 submits that the aforesaid lands purchased by the petitioners were approved for formation of the layout in which, portion of the said lands was reserved for park and buffer zone purposes. He submits that as per development plan which was approved, petitioners were required to execute relinquishment deed in favour of the authorities. If that was done the petitioner was not entitled for the compensation in respect to the land which was required to be relinquished. That the land acquired also included the kharab land and buffer area for erecting of high tension wire. He further submits that the respondent-Authorities were constrained to pass the impugned awards considering the lands in its original nature as agricultural land, inasmuch as, the petitioners did not respond either to the notification or file any representation seeking compensation as being sought for in this petition. He however submits, given some time, the respondent-Authorities would provide opportunity of hearing to the petitioners and thereafter pass appropriate order in the matter. He further submits that the petitioners may be directed to furnish the records with regard to the change of land usage - 6 - NC: 2025:KHC:8501 WP No. 16163 of 2023 and the plan which is stated to have been approved in their favour for formation of layout. 5. Learned counsel for the petitioners submits that petitioners would make a fresh representation along with required documents and seek for direction to the respondent- authorities to consider the matter, in accordance with law. 6. Submission is taken on record. 7. Accordingly, I proceed to pass the following: ORDER i. The petition is allowed. Consequently, the impugned awards at Annexure-L1, L2 and L3 are quashed. ii. The petitioners are at liberty to submit a fresh representation along with all requisite documents, more particularly, the documents evidencing change of land usage, sanction plan, layout plan and relinquishment deed, if any, within a period of 30 days from the date of receipt of certified copy of this order. - 7 - NC: 2025:KHC:8501 WP No. 16163 of 2023 iii. On submission of such representation, the respondent-authority shall consider the same, taking the nature of land into consideration and shall pass award in accordance with law, within an outer limit of six months thereafter. SD/- (M.G.S. KAMAL) JUDGE RKA List No.: 1 Sl No.: 10