OF KARNATAKA AT BENGALURU DATED THIS THE 5 TH DAY OF APRIL v. ANJARIA

3. SRI N.E. NAGARAJU S/O EREGOWDA AGED ABOUT 56 YEARS

4. SRI N.A. PUTTASWAMY S/O APPANNA GOWDA AGED ABOUT 50 YEARS Location: High Court of Karnataka ALL ARE RESIDING AT NALLULLI VILLAGE KASABA HOBLI, SAKLESHPUR TALUK HASSAN DISTRICT – 573 201. (BY SRI RAJARAMA S., ADVOCATE) …COMPLAINANTS - 2 - NC: 2024:KHC:14363-DB CCC No. 1113 of 2023 AND:

1. SMT. PRIYADARSHINI THE SPECIAL LAND ACQUISITON OFFICER HEMAVATHI IRRIGATION PROJECT-II OFFICE AT DEPUTY COMMISSIONER’S OFFICE BUILDING HASSAN, HASSAN DISTRICT – 573 116.

2. SRI SHANKARE GOWDA MANAGING DIRECTOR KAVERI NEERAVARI NIGAMA ANAND RAO CIRCLE BANGALORE – 560 001.

3. DR. G.C. PRAKASH REGIONAL COMMISSIONER HIGH POWER COMMITTEE HUNSUR ROAD, MYSORE – 570 001.

4. STATE OF KARNATAKA REPRESENGTED BY ITS UNDER SECRETARY DEAPARTMENT OF REVENUE (LAND ACQUISITION 1 AND 3) M.S. BUILDING, AMBEDKAR VEEDHI BENGALURU – 01. (BY SRI S.S. MAHENDRA, G.A. FOR A1 & A4 SRI K.S. BHEEMAIAH, ADVOCATE FOR A2) …ACCUSED THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT 1971, READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA PRAYING TO INITIATE CONTEMPT OF COURT PROCEEDINGS AGAINST THE ACCUSED FOR HAVING VIOLATED THE ORDER PASSED BY THIS HON’BLE COURT IN W.P.NO.16201-16234/2019 (LA-RES) DATED 15.04.2019. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING: - 3 - NC: 2024:KHC:14363-DB CCC No. 1113 of 2023 ORDER Heard learned Advocate Mr. S. Rajarama complainants, learned Government Advocate Mr. S.S. Mahendra for respondent Nos.1 to 4 and learned advocate Mr. K.S. Bheemaiah for respondent No.2.

2. The contempt jurisdiction of this Court under the Contempt of Courts Act, 1971 is invoked complaining of non-compliance of the directions of learned Single Judge in the order dated 15.04.2019 in Writ Petition Nos.16201-16234 of 2019.

3. The Special Land Acquisition Officer, Hemavathi Irrigation Project-II, Hassan, Kaveri Neeravari Nigama, Bengaluru and the Regional Commissioner, High Power Committee, Mysuru- respondent Nos.1, 2 and 3 respectively, came to be directed by the Court to consider the representations of the petitioners dated

12.04.1999 and 06.02.2019 and to take a decision with regard to the determination of compensation payable as well as the rehabilitation of the petitioners in accordance with law and expedite the process to be completed within the stipulated time. - 4 - NC: 2024:KHC:14363-DB CCC No. 1113 of 2023

3.1 In the writ petition, it was the case of the petitioners that they were agriculturists and owned their lands at Nallulli Village, Kasaba Hobli, Sakaleshpura Taluk, Hassan District. It was stated that upon introduction of the Hemavathi Reservoir Project by the State Government, on account of Stockage of backwater in the dam, the entire village and the residential houses of the petitioners were seeped because of water logging. It was the case that due to such seepage, some of the houses of the petitioners collapsed and got damaged. It was the say of the petitioners that several representations were made the authorities to award compensation and to provide rehabilitation. The directions were issued while disposing of the writ petition in light of the case pleaded by the petitioners.

4. In response to the notice issued by the Court, the authorities appeared. Two affidavits dated 14.02.2024 and 05.03.2024 came to be filed before the Court. The Special Land Officer-respondent No.1 herein stated that steps were taken to make proper assessment and to obtain the report as to whether the houses and lands of the petitioners were really affected due to seepage and the extent of such seepage, if any, was also being assessed. It was - 5 - NC: 2024:KHC:14363-DB CCC No. 1113 of 2023 stated that the applications of the petitioners were forwarded to be competent authority for consideration.

4.1 The compliance affidavit was also filed on behalf of respondent No.2-Kaveri Neeravari Nigama Limited. It was stated that pursuant to the directions of the Additional Commissioner, the inspection was conducted by the Sub-Committee and Technical Committee and the report about the seepage affected villages were prepared. The Committee consisted of experts in the field. The joint survey was conducted on 09.07.2019 during monsoon season. It was stated that at the time of inspection, all villagers were present.

4.2 Further stated in the affidavit was thus, “After conducting the Joint Inspection all the department officers have given a report the Village cannot be considered seepage-affected and there is no need to relocate the Villagers. That being so, based on the said report the Respondents/accused decided to develop the said Village by providing infrastructure. Accordingly, upon receipt of the report of the Sub-Committee consisting of above Officers, and it was decided that the Nallulli Villagers need not be rehabilitated or need not be paid any compensation to them.” herein - 6 - NC: 2024:KHC:14363-DB CCC No. 1113 of 2023

4.3 It was stated that the petitioners were aware about the report of the Sub-Committee. The entire lot of villagers was present when the inspection was conducted, it was stated. The Sub-Committee, therefore, did not communicate formally what transpired during the inspection. Copy of the report of the Committee which made the spot inspection as above is annexed to the affidavit in reply.

4.4 It was after obtaining the report from the Sub-Committee as above, necessary steps are taken as could be seen from the following statement made in paragraph 4 of the affidavit carried “After obtaining the report from the Sub- Committee infrastructures, such as Road, Cross Drainage Work and concrete Road, and when the same was in progress, the Central Government under the Pradhan Mantri Gram Sadak Yojana, (PMGSY) roads, Concrete Roads, Concrete drainage worth Rs.3.60 Crores and development work there is no seepage either during monsoon or during summer.” carried out Asphalting in view of

4.5 The infrastructural work has been carried out by the Central Government under the Pradhan Mantri Gram Sadak Yojana. The standard of living of Nallulli villagers has improved and the villagers - 7 - NC: 2024:KHC:14363-DB CCC No. 1113 of 2023 have been able to build new houses to stay there happily without any problem or hardship.

4.6 It was next stated that best efforts are made by coordinating with the Government and agencies to prevent the seepage and dampness in the infrastructural work carried out as above. It was asserted that the entire village people are living happily without any complaint and without any sufferance of seepage.

5. The aforesaid facts stated by the deponent is supported by the report of the Sub-Committee, the photographs of the site taken at the time of inspection evidencing the inspection, the maps and the actual photographs. The village is shown to be intact and unaffected. As stated above, the infrastructural work has already been carried out to the benefit of the people. It is reflected that people of the village have been staying and leading their normal life.

5.1 In the above circumstances, it could hardly be said that any deliberate or wilful contempt is committed by any of respondents. The directions of learned Single Judge could be said to have been complied with. - 8 - NC: 2024:KHC:14363-DB CCC No. 1113 of 2023

6. No case is made out under the Contempt of Courts Act,

7. Accordingly, the contempt proceedings are closed and disposed of. Sd/- CHIEF JUSTICE Sd/- JUDGE THM List No.: 1 Sl No.: 36