- 1 - NC: 2025:KHC-D:1195 WP No. 107788 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.107788 OF 2024 (LA-RES) BETWEEN: SHRI RAMAPPA S/O KALAPPA SUTAR AGE. 72 YEARS, OCC. AGRICULTURE, R/O. NAGANUR VILLAGE-587103, TQ. JAMKHANDI, DIST. BAGALKOT. …PETITIONER (BY SRI. N.L. BATAKURKI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS SECRETARY DEPARTMENT OF REVENUE M.S.BUILDING, BENGALURU. 2. GENERAL MANGER UPPER KRISHANA PROJECT, NAVNAGAR, BAGALKOT-587101, TQ.& DIST. BAGALKOT. 3. THE SPECIAL DEPUTY COMMISSIONER UPPER KRISHANA PROJECT, JAMKHANDI-587101, TQ & DIST. BAGALKOT. 4. THE SPECIAL LAND ACQUISITION OFFICER UPPER KRISHANA PROJECT, JAMAKHANDI-587313 TQ. JAMAKHANDI, DIST. BAGALKOT. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1-R4) GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Date: 2025.01.24 16:40:34 +0530 - 2 - NC: 2025:KHC-D:1195 WP No. 107788 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS OR APPROPRIATE DIRECTION OR ORDER DIRECTING THE RESPONDENT NO.4 HEREIN TO PAY COMPENSATION WITHIN A WEEK AS PER AT VIDE ANNEXURE-B DT 13.06.2022 & ETC., THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondents. 2. The petitioner is before this Court seeking for the following reliefs: 1. The Hon’ble court be pleased to issue writ in the nature of mandamus OR appropriate direction or order directing the Respondent No.4 herein to pay compensation within a week as per at vide Annexure-B dt 13.06.2022. 2. Issue any other writ or direction as this Hon’ble Court thinks fit and proper in the interest of justice and equity. 3. The grievance of the petitioner is that though a final notification had been published under Section 19(1) of The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, - 3 - NC: 2025:KHC-D:1195 WP No. 107788 of 2024 2013 (for short 'the Act') on 16.04.2021, General Award was passed on 13.06.2022 and notice under Section 37(2) of the Land Acquisition Act had been issued on 14.07.2022, the compensation had not been paid to the petitioner. The petitioner had submitted a representation on 18.07.2024, which has not been acted upon. 4. When an award has been passed on 13.06.2022 and notice under Section 37(2) of the Land Acquisition Act was also issued in that year, the lands having been submerged and not being available for use to the petitioner, it was but required for the respondents to make payment of compensation amounts at the earliest. The same not having been done, I pass the following: ORDER i) The writ petition is allowed. ii) A mandamus is issued directing respondent No.4 to make payment of compensation in terms of the General Award dated 13.06.2022 and in terms of the - 4 - NC: 2025:KHC-D:1195 WP No. 107788 of 2024 relevant provisions of The Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013 as also interest on the said amount for delayed payment within a period of 4 weeks i.e., on or before 27.02.2025. iii) If the same is not paid by 27.02.2025, respondents would be liable to make payment of interest at the rate of 18% thereon calculated from 27.02.2025 till the date of actual receipt by the petitioner. Sd/- (SURAJ GOVINDARAJ) JUDGE AM List No.: 1 Sl No.: 42