RANGAIAH vs SOUTH WESTERN RAILWAY
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:57159
WP No. 27765 of 2026
C/W WP No. 27761 of 2026
WP No. 28005 of 2026
AND 1 OTHER
CNR: KAHC010610012026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ST
DATED THIS THE 1 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE R. NATARAJ
WRIT PETITION NO. 27765 OF 2026 (LA-RES)
C/W
WRIT PETITION NO. 27761 OF 2026 (LA-RES)
WRIT PETITION NO. 28005 OF 2026 (LA-RES)
WRIT PETITION NO. 28093 OF 2026 (LA-RES)
IN WP No. 27765/2026
BETWEEN:
SHANKARAPPA
S/O SAGANAIAH
SINCE DEAD BY LRS
1. SMT. LAKKAMMA
W/O LATE SHANKARAPPA,
AGED ABOUT 66 YEARS,
2.
H.S. CHANDRAPPA
S/O LATE SHANKARAPPA,
AGED ABOUT 49 YEARS,
3.
H.S. DINESHA
S/O LATE SHANKARAPPA,
AGED ABOUT 47 YEARS,
4. H.S. GOPINATHA
S/O LATE SHANKARAPPA,
AGED ABOUT 44 YEARS,
ALL ARE AGRICULTURISTS,
RESIDING AT H.S. CHIKKAMMA ROAD,
HIREMAGALURU, JYOTHINAGARA POST,
CHIKKAMAGALURU TALUK AND DISTRICT-577101.
…PETITIONERS
Digitally
signed by
HEMALATHA J
Location:
HIGH COURT
OF
KARNATAKA
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HC-KAR
NC: 2026:KHC:57159
WP No. 27765 of 2026
C/W WP No. 27761 of 2026
WP No. 28005 of 2026
AND 1 OTHER
CNR: KAHC010610012026
(BY SRI. A.V. GANGADHARAPPA, ADVOCATE)
AND:
1. SOUTH WESTERN RAILWAY
REPRESENTED BY
THE DEPUTY CHIEF ENGINEER (CONSTRUCTION),
NO.18, MILLERS ROAD,
VASANTHANAGARA,
BENGALURU-560052.
2. LAND ACQUISITION OFFICER AND
THE ASSISTANT COMMISSIONER,
CHIKKAMAGALURU SUB-DIVISION,
CHIKKAMAGALURU DISTRICT-577101.
…RESPONDENTS
(BY MS. SWAMINI GANESH MOHANAMBAL, CENTRAL GOVERNMENT
COUNSEL FOR RESPONDENT NO.1;
SRI. B.J.ESHWARAPPA, ADDITIONAL GOVERNMENT ADVOCATE FOR
RESPONDENT NO.2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
RECORDS AND PROCEEDINGS OF CASE AND DIRECT RESPONDENT
NO.2 TO MAKE REFERENCE TO THE AUTHORITY UNDER SECTION 64
OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN
LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT,
2013 TO DETERMINE AND PAY COMPENSATION TOWARDS
ACQUISITION OF LAND OF THE PETITIONER BEARING SY. NO.35/1
MEASURING 2 GUNTAS OF HIREMANGALURU VILLAGE, AMBALE
HOBLI, CHIKKAMAGALURU TALUK AND DISTRICT, AS HAS BEEN
REQUESTED BY THE PETITIONER AS PER APPLICATION DATED
16.01.2016 TRUE COPY OF WHICH IS PRODUCED AS ANNEXURE-A.
IN WP NO. 27761/2026
BETWEEN:
MULLAIAH
S/O SAGANAIAH
AGED ABOUT 78 YEARS
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HC-KAR
NC: 2026:KHC:57159
WP No. 27765 of 2026
C/W WP No. 27761 of 2026
WP No. 28005 of 2026
AND 1 OTHER
CNR: KAHC010610012026
AGRILCULTURIST
RESIDENT AT HOSPITAL ROAD
HIREMAGALURU
JYOTHINAGARA POST
CHIKKAMAGALURU TALUK AND DISTRICT-577101
...PETITIONER
(BY SRI. A.V. GANGADHARAPPA, ADVOCATE)
AND:
1. SOUTH WESTERN RAILWAY
REPRESENTED BY THE
DEPUTY CHIEF ENGINEER (CONSTRUCTION),
NO.18, MILLERS ROAD,
VASANTHANAGARA,
BENGALURU-560052.
2. LAND ACQUISITION OFFICER AND
THE ASSISTANT COMMISSIONER
CHIKKAMAGALURU SUB-DIVISION,
CHIKKAMAGALURU DISTRICT-577101.
...RESPONDENTS
(BY MS. SAFALYA WAGLE, CENTRAL GOVERNMENT COUNSEL FOR
RESPONDENT NO.1;
SMT. POOJA M. KOORSE, HIGH COURT GOVERNMENT PLEADER FOR
RESPONDENT NO.2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
RESPONDENT NO.2 TO MAKE REFERENCE TO THE AUTHORITY
UNDER SECTION 64 OF THE RIGHT TO FAIR COMPENSATION AND
TRANSPARENCY IN LAND ACQUISITION, REHABILITATION
RESETTLEMENT ACT, 2013 TO DETERMINE AND PAY
COMPENSATION TOWARDS ACQUISITION OF LANDS OF THE
PETITIONER BEARING SY. NO.35/1 MEASURING 7 GUNTAS OF
HIREMAGALURU VILLAGE, CHIKKAMAGALURU TALUK AND
DISTRICT, AS HAS BEEN REQUESTED BY THE PETITIONER AS PER
APPLICATION DATED 16.01.2016 CERTIFIED COPY OF WHICH IS
PRODUCED AS ANNEXURE-A.
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HC-KAR
NC: 2026:KHC:57159
WP No. 27765 of 2026
C/W WP No. 27761 of 2026
WP No. 28005 of 2026
AND 1 OTHER
CNR: KAHC010610012026
IN WP NO. 28005/2026
BETWEEN:
RANGAIAH
S/O GIDDATHIMMAIAH
AGED ABOUT 75 YEARS
AGRICULTURIST
RESIDENT AT HOSPITAL ROAD
HIREMAGALURU
JYOTHINAGARA POST
CHIKKAMAGALURU TALUK DISTRICT - 577101
...PETITIONER
(BY SRI. A.V. GANGADHARAPPA, ADVOCATE)
AND:
1. SOUTH WESTERN RAILWAY
REPRESENTED BY
THE DEPUTY CHIEF ENGINEER (CONSTRUCTION)
NO.18, MILLERS ROAD
VASANTHANAGARA
BENGALURU - 560052
2. LAND ACQUISITION OFFICER AND
THE ASSISTANT COMMISSIONER
CHIKKAMAGALURU SUB DIVISION
CHIKKAMAGALURU DISTRICT - 577101
...RESPONDENTS
(BY SMT. SATHYAVATHI T.R., CENTRAL GOVERNMENT COUNSEL
FOR RESPONDENT NO.1;
SMT. POOJA M. KOORSE, HIGH COURT GOVERNMENT PLEADER FOR
RESPONDENT NO.2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
RESPONDENT NO.2 TO MAKE REFERENCE TO THE AUTHORITY
UNDER SECTION 64 OF THE RIGHT TO FAIR COMPENSATION AND
TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND
RESETTLEMENT ACT, 2013 TO DETERMINE AND PAY
COMPENSATION TOWARDS ACQUISITION OF LAND OF THE
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HC-KAR
NC: 2026:KHC:57159
WP No. 27765 of 2026
C/W WP No. 27761 of 2026
WP No. 28005 of 2026
AND 1 OTHER
CNR: KAHC010610012026
PETITIONER BEARING SY. NO.35/1 MEASURING 26 GUNTAS OF
HIREMAGALURU VILLAGE, CHIKKAMAGALURU TALUK AND DISTRICT
AS HAS BEEN REQUESTED BY THE PETITIONER AS PER
APPLICATION DATED 16.01.2016 TRUE COPY OF WHICH IS
PRODUCED AS ANNEXURE-A.
IN WP NO. 28093/2026
BETWEEN:
SMT. SAGANAMMA
W/O KRISHNAMURTHY
AGED ABOUT 60 YEARS,
RESIDENT AT HOSPITAL ROAD
HIREMAGALURU,
JYOTHINAGARA POST
CHIKKAMAGALURU TALUK AND DISTRICT-577101
...PETITIONER
(BY SRI. A.V. GANGADHARAPPA, ADVOCATE)
AND:
1. SOUTH WESTERN RAILWAY
REPRESENTED BY
THE DEPUTY CHIEF ENGINEER (CONSTRUCTION)
NO.18, MILLERS ROAD
VASANTHANAGARA
BENGALURU - 560052
2. LAND ACQUISITION OFFICER AND
THE ASSISTANT COMMISSIONER
CHIKKAMAGALURU SUB DIVISION
CHIKKAMAGALURU DISTRICT - 577101
...RESPONDENTS
(BY SMT. SATHYAVATHI T.R., CENTRAL GOVERNMENT COUNSEL
FOR RESPONDENT NO.1;
SMT. POOJA M. KOORSE, HIGH COURT GOVERNMENT PLEADER FOR
RESPONDENT NO.2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
RESPONDENT NO.2 TO MAKE REFERENCE TO THE AUTHORITY
UNDER SECTION 64 OF THE RIGHT TO FAIR COMPENSATION AND
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HC-KAR
NC: 2026:KHC:57159
WP No. 27765 of 2026
C/W WP No. 27761 of 2026
WP No. 28005 of 2026
AND 1 OTHER
CNR: KAHC010610012026
TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND
RESETTLEMENT ACT, 2013 TO DETERMINE AND PAY
COMPENSATION TOWARDS ACQUISITION OF LAND OF THE
PETITIONER BEARING SY. NO.35/1 MEASURING 2 GUNTAS OF
HIREMAGALURU VILLAGE, CHIKKAMAGALURU TALUK AND DISTRICT
AS HAS BEEN REQUESTED BY THE PETITIONER AS PER
APPLICATION DATED 16.01.2016 TRUE COPY OF WHICH IS
PRODUCED AS ANNEXURE-A.
THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING
'B' GROUP , THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R. NATARAJ
ORAL ORDER
The petitioners in all these petitions seek for a writ in the
nature of mandamus to direct the respondent No.2 to refer
their case to the appropriate authority under Section 64 of the
Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013
(henceforth referred to as 'Act of 2013') to determine just
compensation for acquisition of their lands situate in
Hiremagaluru Village, Chikkamagaluru Taluk and District.
2. The petitioners contend that they are the owners of
the various extents of land in Hiremagaluru Village,
Chikkamagaluru Taluk and District, which were all acquired by
the respondents for formation of new broad-gauge railway line
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HC-KAR
NC: 2026:KHC:57159
WP No. 27765 of 2026
C/W WP No. 27761 of 2026
WP No. 28005 of 2026
AND 1 OTHER
CNR: KAHC010610012026
by issuing preliminary notification and final notification in the
year 2015. They contend that the respondent No.2 was
designated as the Collector to perform the duties of a Collector.
Based on the notice issued by the respondents to determine the
market value of the acquired land, the petitioners/predecessors
of the petitioners submitted representations contending that
the market value determined by the respondent No.2 is
inadequate as the market value of the property was nearly
Rs.2,500/- per square feet. Despite production of sufficient
materials, the respondent No.2 passed an award and issued an
award notice dated 26.12.2015 determining and fixing the
market value of the acquired land. However, the
petitioners/predecessors of the petitioners filed vide their
applications dated 16.01.2016 requested the respondent No.2
to refer their request for enhancement of compensation to the
appropriate authority under Section 64 of the Act of 2013.
Petitioners claim that even after lapse of several years, the
respondent No.2 has not taken any steps for referring the case
of the petitioners. They contend that in respect of similarly
placed persons, the respondent No.2 has proactively referred
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HC-KAR
NC: 2026:KHC:57159
WP No. 27765 of 2026
C/W WP No. 27761 of 2026
WP No. 28005 of 2026
AND 1 OTHER
CNR: KAHC010610012026
the claims for enhancement while he has discriminated
petitioners and has not taken any steps to refer the claim of the
petitioners for enhancement.
3. The learned counsel for the petitioners reiterated
the above submissions and prayed that the petitioners would
be satisfied if a direction is issued to the respondent No.2 to
refer their case for enhancement to the appropriate authority
as provided under Section 64 of the Act of 2013.
4. The learned Additional Government Advocate for
the respondent No.2 submits that the petitioners were entitled
to approach the concerned Court seeking a direction to refer
their claim. He therefore, submits that the petitioners have
belatedly approached this Court and hence are not entitled to
any relief. When queried as to whether the respondent No.2
had any justifiable reason for not performing his statutory duty
in referring the claims of the petitioners, he submitted that he
was not aware. He however, submits that respondent No.2
would take steps to refer the cases of the petitioners to the
appropriate authority under Section 64 of the Act of 2013.
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HC-KAR
NC: 2026:KHC:57159
WP No. 27765 of 2026
C/W WP No. 27761 of 2026
WP No. 28005 of 2026
AND 1 OTHER
CNR: KAHC010610012026
5. The award notice issued by the respondent No.2
was on 26.12.2015. It appears that the
petitioners/predecessors of the petitioners have all filed their
representations stating that they are not willing to accept the
compensation determined by the respondent No.2 and sought
for enhanced compensation and also requested the respondent
No.2 to refer their request before the appropriate authority as
provided under Section 64 of the Act of 2013. The purpose of
granting compensation is to enable the landloser to use the
compensation to buy some other land and rehabilitate himself
and resettle. Therefore, such compensation should not only be
fair but also just. The procedure for allowing a reference to be
referred to the appropriate authority is to decide this very
question and hence, has to be viewed liberally and every step
has to be taken to enable to adjudicate the claim of such
landloser. It is a travesty that the respondent No.2 has not
taken any steps from the year 2016 till date to refer the cases
of the petitioners under Section 64 of the Act of 2013. No doubt
the petitioners are also entitled to make appropriate
representations before the appropriate authority as provided
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HC-KAR
NC: 2026:KHC:57159
WP No. 27765 of 2026
C/W WP No. 27761 of 2026
WP No. 28005 of 2026
AND 1 OTHER
CNR: KAHC010610012026
under Section 64 of the Act of 2013. However, the respondent
No.2 is under a duty to consider the requests of the petitioners
for referring the case to the appropriate authority, which he has
failed to comply.
6. Therefore, without going into the question whether
the petitioners should be directed to go before the appropriate
authority, it is only appropriate to direct the respondent No.2 to
consider the applications filed by the petitioners/predecessors
of the petitioners for enhancement of compensation and if need
be, refer the same to the appropriate authority as provided
under Section 64 of the Act of 2013. In the event such a
reference is made, the question, whether the petitioners can be
granted interest beyond a period of sixty days from the date of
seeking reference is kept open to be considered by the
appropriate authority under Section 64 of Act of 2013. This
shall be complied within a period of three months from the date
of receipt of a copy of this Order. It is made clear that if the
respondent No.2 does not take any proactive measures and
refer the case before the appropriate authority, this shall be
construed as a grave misconduct on the part of the respondent
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HC-KAR
NC: 2026:KHC:57159
WP No. 27765 of 2026
C/W WP No. 27761 of 2026
WP No. 28005 of 2026
AND 1 OTHER
CNR: KAHC010610012026
No.2 and the official superior of the respondent No.2 shall
initiate necessary disciplinary action against the respondent
No.2.
7. These writ petitions stand disposed off on the
above terms.
8. Ms. Swamini Ganesh Mohanambal, Ms. Safalya
Wagle and Smt. Sathyavathi T.R. the learned Central
Government Counsel and the learned High Court Government
Pleader and the learned Additional Government Advocate are
permitted to file memo of appearance within ten days.
Sd/-
(R. NATARAJ)
JUDGE
PMR
List No.: 1 Sl No.: 41