- 1 - HC-KAR NC: 2025:KHC:33708 WP No. 25040 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 25040 OF 2025 (KLR-LG) BETWEEN: SRI. NARASHIMA MURTHY S/O CHANNAIAH @ PUTTASWAMAIAH, AGED ABOUT 58 YEARS, R/AT BIJAGATTA VILLAGE, MALLIPATANA HOBLI, ARKALAGUDU TALUK, HASSAN DISTRICT 573218. …PETITIONER (BY SRI. ROOPESHA B., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M.S.BUILDING, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN-573 201. 3. THE SPECIAL LAND ACQUISITION OFFICER, HEMAVATHI RESERVOIR PROJECT DC OFFICE BUILDING, HASSAN-573 201. Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33708 WP No. 25040 of 2025 4. THE ASST. COMMISSIONER, HASSAN SUB-DIVISION HASSAN 573 201. 5. THE TAHSILDAR, HOLENARSIPURA TALUK, HASSAN DISTRICT-573 211. 6. THE ASST. DIRECTOR OF LAND RECORDS, HASSAN DISTRICT, HASSAN-573 201. 7. THE INSPECTOR OF POLICE, CEN CRIME POLICE, DCRB DIVISION HASSAN-573 201. 8. THE DEPUTY CONSERVATOR OF FOREST, HASSAN DIVISION, HASSAN - 570201. …RESPONDENTS (BY SRI.V.SESHU., HCGP) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE ANY APPROPRIATE ORDER OR DIRECTION OR A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER PASSED BY THE 3RD IN RESPONDENT NO.LND/HEJAYO(3)(D)143/2005-06 DATED 20/09/2023 CANCELLING THE GRANT MADE IN FAVOUR OF THE PETITIONER HEREIN IN RESPECT OF THE LAND MEASURING 2- 00 ACRES INCLUDING 2 GUNTAS OF KHARAB LAND IN SY.NO. 106, BLOCK NO.9 OF BIJAGATTA VILLAGE, MALLIPATANA HOBLI, ARKALAGUDU TALUK, HASSAN DISTRICT VIDE - 3 - HC-KAR NC: 2025:KHC:33708 WP No. 25040 of 2025 ANNEXURE E AND SAME IS CONFIRMED BY 2ND RESPONDENT DEPUTY COMMISSIONER IN R.P.NO.38/2024-25 ON 03/12/2024 VIDE ANNEXURE – G AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER The petitioner is aggrieved of the impugned order dated 20.09.2023 passed by the Special Land Acquisition Officer, Hemavathi Reservoir Project, Hassan, in case No.L.N.D/He.Ja.Yo.(3)(D):143/2005-06. 2. The petitioner’s father claims to be a person who lost his lands due to submergence of his lands under water on the construction of Hemavati/Yagachi/Vatehole Reservoir. In terms of the scheme proposed by the State Government, a person who lost land on account of submergence for the project, would not only be entitled for compensation but also entitled for grant of alternative lands to ensure that the livelihood of such agriculturists are not lost. Accordingly, 2 acres including 2 guntas of - 4 - HC-KAR NC: 2025:KHC:33708 WP No. 25040 of 2025 kharab land in Block No.9 of Sy.No.106 of Bijagatta Village, Mallipatana Hobli, Arkalagudu Taluk, Hassan District, was granted to the petitioner’s father. However, several irregularities were found in the matter of allotment of alternative lands. Action was directed by the State Government having regard to such irregularities. The Special Land Acquisition Officer (for short ‘SLAO’) has passed the impugned order in respect of the petitioner cancelling the grant on the ground that the petitioner did not obtain ‘No objection certificate’ for having paid the price of the malki/standing trees. 3. Having regard to the ground on which the order has been passed, learned counsel for the petitioner has drawn the attention of this Court to Rule 11 of the Karnataka Land Grant Rules, 1969 (hereinafter referred to as ‘the Rules, 1969’, for short). Learned Counsel submits that whenever lands are granted under the provisions of the Rules, 1969, the manner in which the trees grown on the granted lands have been disposed is provided for in - 5 - HC-KAR NC: 2025:KHC:33708 WP No. 25040 of 2025 the said provision. Learned Counsel submits that sub-rule (1) provides that the authorities of the Forest Department have to value all the trees standing on the granted lands. Sub-rule (2) provides that wherever the value of the trees so assessed is not more than Rs.5,000/- in cases of other cultivable lands, the grantee should be given the option of paying the estimated price; the time to be stipulated by the granting authority and accordingly the trees shall be sold to the grantee. It provides that if the grantee once agrees to pay the value of the trees and defaults to pay the same, it may occasion cancellation of the grant. If the grantee is not willing to pay the value of the trees assessed by the Forest Department, the trees shall be disposed of by the authorities of the Forest Department by tender-cum-auction sale. Sub-rule (3) provides that if the value is more than Rs.5,000/- the trees shall be removed by the authorities of the Forest Department within one year from the date of the grant of land. The learned Counsel would therefore submit that when admittedly, the - 6 - HC-KAR NC: 2025:KHC:33708 WP No. 25040 of 2025 value of the standing trees are not assessed in terms of sub-rule (1) and no intimation is given to the petitioner calling upon him to pay the value, there was no occasion for the competent authority to cancel the grant. 4. In the present case, it has been pointed out from the impugned order itself that the SLAO has not made any statement regarding assessment on the value of the standing trees; and that the petitioner was called upon to pay the value of the standing trees. In that view of the matter, it is submitted that the impugned order cannot be sustained. 5. There is substance in the submissions of the learned Counsel for the petitioner. 6. Having regard to the express provision contained in Rule 11 of the Rules, 1969, since nothing is found on record to say as to whether the SLAO got fixed the value of the trees at the hands of the authorities of the Forest Department and since it is not stated that the petitioner - 7 - HC-KAR NC: 2025:KHC:33708 WP No. 25040 of 2025 was called upon to pay the value of the standing trees, this Court is of the opinion that the impugned order passed by the SLAO cancelling the grant cannot be sustained. 7. At this juncture, the learned High Court Government Pleader appearing on behalf of the respondent-State would submit that the matter may be remanded back to the SLAO to enable the SLAO to have the valuation of the standing trees assessed at the hands of the officials of the Forest Department. Further, although the learned High Court Government Pleader seeks to point out from the impugned order that some observations have been made by the SLAO that relevant records have not been furnished by the petitioner to show whether he is the owner of the land, the extent of land submerged etc., this Court is of the considered opinion that such observations are general in nature, having regard to the fact that the SLAO was called upon to enquire into all the grants and such observations are general observations and would not - 8 - HC-KAR NC: 2025:KHC:33708 WP No. 25040 of 2025 be applicable to the petitioner. The factual information and the ground on which the impugned order of cancellation has been passed by the SLAO is the non-payment of the value of the standing trees. Therefore, all other observations made in the impugned order are hereby set aside as not specifically applicable to the petitioner. It is also a fact that the impugned order of cancellation was passed without hearing the grantee and therefore, on the ground of denial of principles of natural justice alone, the impugned order of cancellation is required to be set aside. 8. However, accepting the submission of the learned High Court Government Pleader that an opportunity should be given to the SLAO to have the valuation of the standing trees made at the hands of the competent authority and inform the petitioner regarding the value of the trees and call upon him to pay the same in terms of Rule 11 of the Rules 1969, this Court proceeds to pass the following: ORDER i) Writ petition is allowed in part. - 9 - HC-KAR NC: 2025:KHC:33708 WP No. 25040 of 2025 ii) The impugned order dated 20.09.2023 in case No. L.N.D/He.Ja.Yo.(3)(D):143/2005- 06 passed by the Special Land Acquisition Officer, Hemavathi Reservoir Project, Hassan, at Annexure ‘E’, is hereby quashed and set aside. iii) The matter stands remanded back to the SLAO to have the value of the standing trees in the granted land assessed at the hands of the competent authority. Thereafter information shall be provided to the petitioner in terms of Rule 11 of the Rules, 1969, if the value is to be paid by the petitioner. iv) On the other hand, if the valuation of the standing trees is more than Rs.5,000/, as provided in sub-rule (3) of Rule 11 of the Rules, 1969, then the SLAO shall have the trees removed in terms of the provisions contained in sub-rule (3) of Rule 11 of the Rules, 1969. v) At any rate, the SLAO shall keep the petitioner informed of his decision having regard to the provisions contained in sub- - 10 - HC-KAR NC: 2025:KHC:33708 WP No. 25040 of 2025 rule (2) and sub-rule (3) of Rule 11 of the Rules, 1969. vi) Consequent to the restoration of the grant in favour of the petitioner, the revenue entries shall also be restored in the RTC. Sd/- (R DEVDAS) JUDGE JT/- CT: JL