- 1 - HC-KAR NC: 2025:KHC-D:14440 WP No. 105997 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 105997 OF 2025 (LA-RES) BETWEEN: 1. SHRI. SHIVAPPA S/O. BASAPPA ALASANDI, AGE. 35 YEARS, OCC. AGRICULTURE, R/O. CHICKMYAGERI VILLAGE, TQ. YELBURGA, DIST. KOPPAL-583236. 2. SHRI. IRAPPA S/O. BASAPPA ALASANDI, AGE. 38 YEARS, OCC. AGRICULTURE, R/O. CHICKMYAGERI VILLAGE, TQ. YELBURGA, DIST. KOPPAL-583236. 3. SMT. KAVITA W/O. SHARANAPPA BELLAD, AGE. 30 YEARS, OCC. AGRICULTURE, R/O. RYAVANKI VILLAGE, TQ. KUKANOOR, DIST. KOPPAL-583230. 4. SMT. JAYASHREE S/O. SHARANAPPA IDDALAGI, AGE. 28 YEARS, OCC. AGRICULTURE, R/O. GADGERI VILLAGE, TQ. YELBURGA, DIST. KOPPAL-583236. …PETITIONERS (BY SRI. D.V. PATTAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF MINOR IRRIGATION AND GROUND WATER DEVELOPMENT (MI), REPRESENTED BY PRINCIPAL SECRETARY, 2ND FLOOR AND 3RD FLOOR, Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:14440 WP No. 105997 of 2025 VIKAS SOUDHA, BENGALURU- 560001. 2. THE DEPUTY COMMISSIONER, DC OFFICE COMPLEX, TQ. AND DIST. KOPPAL- 583231. 3. THE ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER, KOPPAL- 583231. 4. THE EXECUTIVE ENGINEER, MINOR IRRIGATION AND GROUND WATER DEVELOPMENT (MI), KOPPAL DIVISION, KOPPAL- 583231. 5. THE CHIEF ENGINEER, MINOR IRRIGATION AND GROUND WATER DEVELOPMENT (MI), NORTH ZONE, VIJAYAPURA- 586101. …RESPONDENTS (BY SRI. RAMESH CHIGARI, AGA FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA IS PRAYING TO, i) WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING RESPONDENTS NO.1 TO 5 TO FORTHWITH INITIATE PROCEEDINGS UNDER THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 OR ANY OTHER APPLICABLE LAW, FOR ACQUISITION OF THE LANDS BELONGING TO THE PETITIONERS BEARING SURVEY NOS. 224/P4, 224/P3 224/ SITUATED AT CHIKKAMIYAGERI VILLAGE, YALABURGA TALUK, KOPPAL DISTRICT, WHICH HAVE BEEN SUBMERGED UNDER THE JINUGU KERE MINOR IRRIGATION PROJECT EXECUTED DURING THE YEAR 2011-12. ii) DIRECT RESPONDENT NOS. 2 TO 5 TO DETERMINE AND DISBURSE COMPENSATION TO THE PETITIONERS IN ACCORDANCE WITH LAW, ALONG WITH ALL STATUTORY BENEFITS INCLUDING SOLATIUM INTEREST, AND REHABILITATION MEASURES AS PROVIDED UNDER THE LAND - 3 - HC-KAR NC: 2025:KHC-D:14440 WP No. 105997 of 2025 ACQUISITION ACT, 2013. iii) ISSUE ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION WHICH DEEMS FIT GRANT BY THIS HON’BLE COURT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, TO MEET THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer. I. “Writ Of Mandamus or any other appropriate writ, order or direction directing respondents no.1 to 5 to forthwith initiate proceedings under the Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013 or any other applicable law, for acquisition of the lands belonging to the petitioners bearing survey nos. 224/p4, 224/p3 224/ situated at Chikkamiyageri Village, Yalaburga Taluk, Koppal District, which have been submerged under the Jinugu Kere Minor Irrigation Project executed during the year 2011-12. II. Direct Respondent Nos. 2 to 5 to determine and disburse compensation to the petitioners in accordance with law, along with all statutory benefits including solatium interest, and rehabilitation measures as provided under the land acquisition act, 2013. III. Issue any other appropriate writ or order or direction which deems fit grant by this hon’ble court in the facts and circumstances of the case, to meet the ends of justice.” - 4 - HC-KAR NC: 2025:KHC-D:14440 WP No. 105997 of 2025 2. A co-ordinate Bench of this Court, by order dated 18.09.2025, had passed the following directions: “1. Learned AGA accepts notice for respondents No.1 to 5. 2. The grievance of the petitioner is that without acquiring the land of the petitioner it has been utilised for the purpose of formation of a water tank and though amounts have been fixed for being paid to the landowners, the said amount also has not been paid. 3. A perusal of the papers indicates that there is no notification which has been issued for acquisition of land and the amounts which have been fixed is in an adhoc manner, not in terms of any prescribed enactment or by following any prescribed procedure. 4. This is yet another case of respondent- governmental Authorities making use of the private land belonging to a citizen without exercising the powers of eminent domain. This Court has been coming across several matters of this nature where officers of the Minor Irrigation Department have resorted to such kind of usage of private property belonging to citizens. 5. The respondent No.1-Principal Secretary is directed to look into the matter and file an affidavit as to how his officers are involved in such kind of action and what action is required to be taken. 6. Re-list on 25.9.2025 at 2:30 PM for learned AGA to file an affidavit of respondent No.1.” 3. In furtherance of the directions issued by the Co- ordinate Bench, an affidavit has been filed by the Secretary, - 5 - HC-KAR NC: 2025:KHC-D:14440 WP No. 105997 of 2025 Department of Minor Irrigation and the contents of the affidavit are as follows: “2. In view of direction issued by this Hon'ble Court in the above said writ petition and this Hon'ble Court was pleased to pass an order dated: 18.09.2025 as follows with respect of directions:- 1. Learned AGA accepts notice for respondents No.1 to 5. 2. The grievance of the petitioner is that without acquiring the land of the petitioner it has been utilised for the purpose of formation of a water tank and though amounts have been fixed for being paid to the landowners, the said amount also has not been paid. 3. A perusal of the papers indicates that there is no notification which has been issued for acquisition of land and the amounts which have been fixed is in an adhoc manner, not in terms of any prescribed enactment or by following any prescribed procedure. 4. This is yet another case of respondent- governmental Authorities making use of the private land belonging to a citizen without exercising the powers of eminent domain. This Court has been coming across several matters of this nature where officers of the Minor Irrigation Department have resorted to such kind of usage of private property belonging to citizens. 5. The respondent No.1-Principal Secretary is directed to look into the matter and file an affidavit as to how his officers are involved in such kind of action and what action is required to be taken. 6. Re-list on 25.9.2025 at 2:30 PM for learned AGA to file an affidavit of respondent No. 1. - 6 - HC-KAR NC: 2025:KHC-D:14440 WP No. 105997 of 2025 3. I state that, for the current financial year the authority has an enmarked budget provision of 100 crores towards land acquisitions cases. However, the authority has also statutory and Court directed liabilities amounting to 402 crores in pending for land acquisition cases, Execution Petition and arrest warrant cases with respect to north zone. Therefore, the authority shall prioritize statutory and court directed payments and shall use the budgetary allocation for the current financial year in a manner that ensure orderly discharge of liabilities to the lands owners. In this case, 25% award amount will deposit within 90 days and remaining amount will deposited by step wise to the present petitioner. 4. I humbly submit that, I have highest regard and respect for the order of this Hon'ble Court. At no point of time, I have not disobeyed the directions/orders of this Hon'ble Court wilfully and intentionally. 5. I humbly submit that, I will never disobeyed the orders passed by this Hon'ble Court present or in future. I beg your lordship pardon for having disobeyed the directions/orders of this Hon'ble Court at any point of time wilfully and intentionally. I hereby tendered my unconditional apology for the unintentional disobedience or lapses if any that may have occurred from my side, keeping in view of the facts and circumstances of the case. WHEREFORE, I respectfully prays that, this Hon'ble Court may be pleased to accept my affidavit in the interest of justice and equity.” 4. In light of the affidavit so filed, and taking note of the statement therein that the amount due to the petitioner shall be released in a phased manner, I deem it appropriate to dispose of this petition in terms of the said affidavit, treating it as an undertaking to release the amount in a phased manner. It is, however, further directed that the entire amount shall be - 7 - HC-KAR NC: 2025:KHC-D:14440 WP No. 105997 of 2025 released to the petitioner within a period of six months, without extending the said time limit, in accordance with law and subject to all applicable statutory permissions. 5. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE AC List No.: 1 Sl No.: 16