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2026 DAILYLAW 40002 (KAR)

JAYAMMA v. THE STATE OF KARNATAKA

WP/28179/2026 · 2026-09-07

R Nataraj

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010617862026 NC: 2026:KHC:48355 WP No. 28179 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 28179 OF 2026 (LA-RES) BETWEEN: JAYAMMA W/O CHANDREGOWDA, AGED ABOUT 65 YEARS, R/AT MALALIKAVALU VILLAGE SHANTHIGRAMA HOBLI, HASSAN TALUK AND DISTRICT - 573 201. …PETITIONER (BY SRI. GIRISH B BALADARE.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001, REP, BY ITS SECRETARY. 2. THE DEPUTY COMMISSIONER, HASSAN DISTRICT HASSAN-573 201. 3. THE ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER, VIKASH BHAVAN, HASSAN DIST - 573 201. 4. THE SPECIAL LAND ACQUISITION OFFICER HEMAVATHI RESERVOIR PROJECT, DISTRICT OFFICE COMPLEX, HASSAN DISTRICT, HASSAN-573 201 Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010617862026 NC: 2026:KHC:48355 WP No. 28179 of 2026 5. THE MANAGING DIRECTOR CAUVERY IRRIGATION CORPORATION LTD, [CAUVERI NIRAVARI NIGAMA] ANAND RAO CIRCLE BENGALURU 560 001. …RESPONDENTS (BY SRI.B.J. ESHWARAPPA, AGA FOR R1 TO R4; SRI.K.S.BHEEMAIAH, ADVOCATE FOR R5) THIS WRIT PETIITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NOS.4 AND 5 THAT IS SPECIAL LAND ACQUISITION OFFICER HEMAVATI RESERVOIR PROJECT, HASSAN DISTRICT HASSAN AND THE MANAGING DIRECTOR, CAUVERY IRRIGATION CORPORATION LTD., BANGALORE TO CONSIDER THE REPRESENTATION GIVEN BY THE PETITIONER DATED 22.06.2026 AND 12.08.2026 AS PER ANNEXURES-C AND D AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has sought for a writ in the nature of mandamus to consider the representations dated 22.06.2026 and 12.08.2026 and to direct the respondent Nos.4 and 5 to pay the compensation. 2. (i) The petitioner claims to be the owner of land in Sy.No.66 measuring 1 acres 4 guntas of Malalikavalu Village, - 3 - HC-KAR CNR: KAHC010617862026 NC: 2026:KHC:48355 WP No. 28179 of 2026 Shantigrama Hobli, Hassan Taluk, which was acquired for "Yagachi Reservoir Project". The respondent No.4 passed an award determining meager compensation and owing to her illiteracy, the petitioner could not seek a reference under Section 18(1) of the Land Acquisition Act, 1894 (henceforth referred to as ‘the Act, 1894’). However, another landloser had sought enhancement under Section 18(1) of the Act, 1894, where the compensation was determined at a sum of Rs.10,000/- per gunta vide judgment dated 21.06.2013 passed in LAC No.137/2011. Subsequently, similar landloser in L.A.C.(Appeal) No.81/2022 had sought for enhancement of compensation in respect of a land for the same project and it was thereafter enhanced to Rs.30,000/- per gunta in terms of judgment dated 15.04.2024. (ii) The petitioner submitted a representation seeking benefit of Section 28A of the Act, 1894 before the respondent No.4. The respondent No.4 passed an order dated 08.01.2026 and determined the total compensation payable to the petitioner at Rs.27,15,668/-. The respondent No.4 addressed a letter to the respondent No.5 intimating the amount of - 4 - HC-KAR CNR: KAHC010617862026 NC: 2026:KHC:48355 WP No. 28179 of 2026 compensation determined in respect of the land of the petitioner. (iii) Despite the order dated 08.01.2026 and the correspondence between the respondent Nos.4 and 5, the respondents have not taken any steps to pay the compensation. The petitioner therefore submitted a representation dated 12.08.2026 to the respondent Nos.4 and 5 to release the compensation immediately. The petitioner claims that the said representation is not considered and therefore, she is before this Court seeking for a direction to the respondent Nos.4 and 5 to consider the representation and pass appropriate orders. 3. Learned Additional Government Advocate submits that the representation of the petitioner has to be considered by the respondent No.5 and compensation has to be released by the respondent No.5. 4. The learned counsel for the respondent No.5 submits that suitable steps would be taken and if the petitioner - 5 - HC-KAR CNR: KAHC010617862026 NC: 2026:KHC:48355 WP No. 28179 of 2026 is entitled for the compensation, the same would be released in accordance with law. 5. In view of the aforesaid submission, the following order is passed: ORDER i. The writ petition is allowed; ii. The respondent Nos.4 and 5 are directed to release the compensation payable to the petitioner in respect of the acquisition of land bearing Sy.No.66 measuring 1-04 guntas of Malalikavalu Village, Shantigrama Hobli, Hassan Taluk. iii. This shall be complied within a period of three months from the date of receipt of a copy of this order. Learned Additional Government Advocate for respondent Nos.1 to 4 and Sri.K.S.Bheemaiah, learned counsel for - 6 - HC-KAR CNR: KAHC010617862026 NC: 2026:KHC:48355 WP No. 28179 of 2026 respondent No.5 are permitted to file memo of appearance within ten days. Sd/- (R. NATARAJ) JUDGE BKN List No.: 1 Sl No.: 32