- 1 - HC-KAR NC: 2026:KHC:10703 WP No. 5268 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 5268 OF 2026 (KLR-LG) BETWEEN: MR. JAMES K.A., @ KANICHAI ANTONY JAMES, S/O LATE.K.I.ANTHONY @KANICHAI ITTOOP ANTONY, AGED ABOUT 71 YEARS, RESIDENT OF KANICHAI HOUSE, ANNALLUR VILLAGE, MUKUNDAPURAM TALUK, TRISSUR DISTRICT, KERALA STATE-680731 ALSO AT KERODI VILLAGE, YESLUR HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT-573134. …PETITIONER (BY SRI. K C SHANTA KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, M.S.BUILDING, DR.B.R.AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN-573201. Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10703 WP No. 5268 of 2026 3. THE SPECIAL LAND ACQUISITION OFFICER, HEMAVATHI RESERVOIR PROJECT, HASSAN-573201. 4. POLICE INSPECTOR, D.C.R.P. DIVISION, (C.E.N.CRIME BRANCH, HASSAN), HASSAN-573201. 5. SRI.Y.C.BALAKRISHNA S/O.Y.R.CHANNEGOWDA, AGED ABOUT 81YEARS, RESIDENT OF NO.1/2, 3RD CROSS, 4TH MAIN, GANESH BLOCK, SULTANPALYA, BENGALURU-560 036. …RESPONDENTS (BY SRI.V.SESHA, HCGP FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER BEARING NO.L.N.D./H.R.P(3)D 04/2007-08 DATED 3.6.2023 PASSED BY THE 3RD RESPONDENT VIDE ANNEXURE-Q AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader takes notice for respondents No.1 to 4. Notice to respondent No.5 is not necessary for the following reasons: - 3 - HC-KAR NC: 2026:KHC:10703 WP No. 5268 of 2026 2. The petitioner is aggrieved of the impugned order dated 03.06.2023 passed by the Special Land Acquisition Officer, Hemavathi Reservoir Project, Hassan, in case No.L.N.D/H.R.P(3)D:04/2007-08. 3. The petitioner claims to be the purchaser of the schedule property from respondent No.5, who is 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, 14 guntas of land in Block No.1 of Sy.No.169 and 3 acres, 02 guntas in Block No.2 of Sy.No.169, totally an extent of 3 acres 16 guntas of land situated at Kerodi Village, Yesaluru Hobli, Sakleshpura Taluk was granted in favour of respondent No.5- Sri.Y.C.Balakrishna. The above land bearing Sy.No.169 was phoded and assigned with re survey number as Re.Sy.No.233 of Kerodi Village. Thereafter, the petitioner has purchased the - 4 - HC-KAR NC: 2026:KHC:10703 WP No. 5268 of 2026 property in question from respondent No.5 under the Registered Sale Deed dated 15.11.2024. 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 respondent No.5 cancelling the grant on the ground that the respondent No.5 did not obtain ‘No objection certificate’ for having paid the price of the malki/standing trees. 4. 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 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 - 5 - HC-KAR NC: 2026:KHC:10703 WP No. 5268 of 2026 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 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. - 6 - HC-KAR NC: 2026:KHC:10703 WP No. 5268 of 2026 5. 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 respondent No.5 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. 6. There is substance in the submissions of the learned Counsel for the petitioner. 7. 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 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. 8. 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 - 7 - HC-KAR NC: 2026:KHC:10703 WP No. 5268 of 2026 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 respondent no.5 or 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 be applicable to respondent No.5 or 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 respondent No.5 or 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 - HC-KAR NC: 2026:KHC:10703 WP No. 5268 of 2026 9. However, accepting the submission of the 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 respondent No.5 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. (ii) The impugned order dated 03.06.2023 in case No.L.N.D/H.R.P(3)D:04/2007-08 passed by the Special Land Acquisition Officer, Hemavathi Reservoir Project, Hassan, at Annexure ‘Q’, 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 respondent No.5 in terms - 9 - HC-KAR NC: 2026:KHC:10703 WP No. 5268 of 2026 of Rule 11 of the Rules, 1969, if the value is to be paid by respondent No.5. (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-rule (2) and sub- rule (3) of Rule 11 of the Rules, 1969. (vi) Consequent to the restoration of the grant in favour of respondent No.5, the revenue entries shall also be restored in the RTC. Sd/- (R DEVDAS) JUDGE BKN/List No.: 1 Sl No.: 12