IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 13639 OF 2025 (LA-RES)

BETWEEN:

S.L.NARASIMHAIAH S/O K LAKSHMANAPPA AGED ABOUT 54 YEARS R/AT SURIGENAHALLI VILLAGE, KASABA HOBLI, GOPALPURA POST, GUBBI TALUK, TUMAKURU DISTRICT – 572216.

…PETITIONER (BY SRI.SRIKANTH.R.M, ADVOCATE FOR SRI.G S PRASANNA KUMAR, ADVOCATE)

AND:

1. STATE OF KARNATAKA Digitally signed BY ITS PRINCIPAL SECRETARY by HEMALATHA A IRRIGATION DEPARTMENT Location: HIGH M.S BUILDING, DR. AMBEDKAR VEEDHI COURTOF BENGALURU -560 001.

KARNATAKA

2. DEPUTY COMMISSIONER TUMKURU, TUMAKURU DISTRICT -572101. 3. SPECIAL LAND ACQUISITION OFFICER HEMAVATHI CANAL ZONE, TUMAKURU-572101.

…RESPONDENTS (BY SRI.HARISHA.A.S, AGA FOR R1 TO R3)

THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DTD.12.11.2024 SLAO/SR (GU-BIKKEGUDDA) 02/17/2020-21/321 PASSED BY THE R-3 AT ANNX-F, REJECTING THE PETITION OF THE PETITIONER SEEKING FOR ENHANCEMENT OF THE COMPENSATION AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL ORDER

1. The petitioner has approached this Court seeking to quash the impugned endorsement dated 12.11.2024 issued by the respondent No.3 at Annexure-F, whereby the petitioner's request made under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (‘the Act’ for short) was rejected on the ground that the same was not filed within 45 days of the award being issued, and further, a mandamus directing the respondents to consider the petitioner's petition dated 27.09.2024 seeking enhancement of compensation, in accordance with law.

2. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondents-State.

3. The petitioner claims to be the owner of the land in survey No.32/9 situated at Surigenahalli Village, Kadaba Hobli, Gubbi Taluk through inheritance.

4. The petitioner is in physical possession and enjoyment of the same. The respondents acquired the portion of the petition land in survey No.32/9 to an extent of 7 Guntas of land for public purpose. On 10.01.2023, the respondent No.3 passed an I-Thirpu (final award), determining and allotting a total compensation of Rs.68,10,759/- to all the affected land owners and issued a certificate of award detailing the amount awarded to each of the land owners. The award notice was issued to the petitioner indicating compensation of Rs.7,89,113/-. The petitioner being not satisfied with the award passed and after coming to know about the award, approached the respondent on 08.10.2024 seeking enhancement of compensation under the provisions of the Act. The respondent No.3 rejected the petitioner's request made under Section 64 of the Act on the ground that the same was not filed within 45 days of the award being issued. Aggrieved by the endorsement, the petitioner is before this Court in this petition.

5. Section 64 of the Act reads as under:

”64. Reference to Authority.–(1) Any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Authority, as the case may be, whether his objection be to the measurement of the land, the amount of the compensation, the person to whom it is payable, the rights of Rehabilitation and Resettlement under Chapters V and VI or the apportionment of the compensation among the persons interested:

Provided that the Collector shall, within a period of thirty days from the date of receipt of application, make a reference to the appropriate Authority:

Provided further that where the Collector fails to make such reference within the period so specified, the applicant may apply to the Authority, as the case may be, requesting it to direc