Courts will not interfere with technical project alignments or expert-driven infrastructure designs under judicial review unless there is clear evidence of mala fides, illegality, or irrationality, as such matters fall within the exclusive domain of expert bodies.

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH OR SET ASIDE THE ORDER DATED 09.07.2025 AT NO.LAQ.CR/34/2021-22 PASSED BY 3RD RESPONDENT ASST. COMMISSIONER AND LAND ACQUISITION OFFICER PRODUCED AT ANNEXURE-A, AS THE SAME IS OPPOSED TO LAW AS ALSO ARBITRARY AND WITHOUT THE APPLICATION OF MIND AND/OR ETC.

THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED ON 08.04.2026 AND COMING ON FOR PRONOUNCEMENT OF ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

CAV ORDER

The petitioners, who are the land owners have sought to challenge the order at Annexure-'A' dated 09.07.2025 passed by respondent No.3 - Assistant Commissioner and the Land Acquisition Officer, Tarikere. The order at Annexure-'A' is passed by the Land Acquisition officer, whereby, the representations of the petitioners regarding change of alignment has been rejected on the basis of technical report and decision has been taken for furtherance of the Project.

2. The facts are that on 03.12.2022, the Notification was published in the Official Gazette under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement, Act 2013 [for brevity, 'Land Acquisition Act, 2013'] for acquiring an extent of 16.00 guntas of petitioners' land bearing Survey No.309/1 of Doranalu Village, Kasaba Hobli, Tarikere Taluka, Chikkamagalur District for the purpose of 'Tarikere & Kadur Tank Filling Project'. It is made out that the Award has been passed and compensation has been deposited before the Reference Court. However, parallelly, the petitioners have been making representations seeking for change in the alignment of the Project on the ground that the proposed Pipeline from the Bhadra Project which would pump water into the lakes in Tarikere, Kadur and Chikkamagaluru runs through the petitioners' property bifurcating the petitioners' land into different portions.

3. It is the stand of the petitioners that slight deviation would not cause any financial prejudice and in fact, the Pipeline could be laid on the Northern side of the land bearing Survey No.309/1 belonging to the petitioners instead of implementing the Project in terms of the existing alignment that bifurcates the petitioners' land into two portions.

4. The petitioners had made representations on 29.12.2022 (Annexure-'F') and 24.04.2023 (Annexure-'G') seeking change of alignment and non-consideration of the same has led the petitioners to file Writ Petition No. 14380/2023, which came to be disposed of on 04.12.2024 with a direction to consider the representations/objections of the petitioners.

5. Pursuant to the order of this Court dated 04.12.2024 passed in W.P.No.14380/2023, the Special Land Acquisition Officer has passed a detailed order on 09.07.2025 at Annexure-'A' considering the representations for change in alignment. The Special Land Acquisition Officer, in terms of the Report submitted by the Assistant Executive Engineer, Visvesvaraya Jala Nigama Limited, Upper Bhadra Project, whereby, it was opined that the alignment could not be changed, has passed the impugned order.

6. In the order of the Special Land Acquisition Officer dated 09.07.2025, there has been consideration of the request of petitioners for issue of Corrigendum to the Gazette Notification dated 03.12.2022 issued under Section 11(1) of the Land Acquisition Act, 2013.

7. The said order refers to the report of the Assistant Executive Engineer, Kaduru and lists out the prominent points of the report which are extracted hereinbelow: -

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