SUDHA KOPPAD W/O BHIMAPPA BASAVANN TAMPAL vs THE SECRETARY
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:18109
WP No. 109081 of 2026
C/W WP No. 109082 of 2026
WP No. 109124 of 2026
AND 1 OTHER
CNR: KAHC020202142026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 4 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT PETITION NO.109081 OF 2026 (LA-RES)
C/W
WRIT PETITION NO.109082 OF 2026 (LA-RES)
WRIT PETITION NO.109124 OF 2026 (LA-RES)
WRIT PETITION NO.109130 OF 2026 (LA-RES)
IN WP NO.109081/2026
BETWEEN:
SUDHA KOPPAD W/O. BHIMAPPA BASAVANN TAMPAL,
AGE. 43 YEARS, OCC. AGRICULTURE,
R/O. BUDNI K.D., TQ. MUDHOL,
DIST. BAGALKOT-587313.
…PETITIONER
(BY SRI. V.S. KALASURMATH, ADVOCATE)
AND:
1. THE SECRETARY,
GOVERNMENT OF KARNATAKA,
FINANCE DEPARTMENT,
VIDHANA SOUDHA, BENGALURU-560001.
2. THE SECRETARY,
GOVERNMENT OF KARNATAKA,
REVENUE DEPARTMENT,
VIDHANA SOUDHA, BENGALURU-560001.
3. THE ADDITIONAL CHIEF SECRETARY,
DEPARTMENT OF WATER RESOURCE,
VIKASA SOUDHA, BENGALURU-01.
Digitally signed by
THEJAS KUMAR N
Location: High
Court of Karnataka,
Dharwad Bench
4. THE MANAGING DIRECTOR,
KBJNL, PWD ANNEXE BUILDING,
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HC-KAR
NC: 2026:KHC-D:18109
WP No. 109081 of 2026
C/W WP No. 109082 of 2026
WP No. 109124 of 2026
AND 1 OTHER
CNR: KAHC020202142026
RD
3 FLOOR, K.R. CIRCLE,
BENGALURU-560001.
5. THE COMMISSIONER,
LAND ACQUISITION R AND R,
UKP, NAVANAGAR,
BAGALKOT-587103.
6. THE SPECIAL DEPUTY COMMISSIONER,
UKP, JAMAKHANDI, DIST. BAGALKOT-587301.
7. THE SPECIAL LAND ACQUISITION OFFICER,
UKP, BILAGI, TQ. BILAGI,
DIST. BAGALKOT-587204.
…RESPONDENTS
(BY SRI. GANGADHAR J.M., AAG A/W
SMT. RATNAMALA G.H., HCGP FOR R1 TO R3, R5 TO R7;
SRI. CHETAN MUNNOLI, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT IN
THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.2
TO 7 TO CONCLUDE THE JMC(JOINT MEASUREMENT CENSES), ISSUE
19(1) FINAL NOTIFICATION AND PASS CONSENT AWARD IN THE
LIGHT OF GOVERNMENT ORDER DATED 09.10.2025 BEARING NO. JA
SAM E 93 KBN 2025, BENGALURU VIDE ANNEXURE-C AND PAY
COMPENSATION WITH REGARDING TO SUBJECT PROPERTY BEARING
SY.NO.39/1A MEASURING 0 ACRES 10 GUNTAS OF BUDNI K.D
VILLAGE TQ. MUDHOL, DIST. BAGALKOT. (B) TO GRANT SUCH
OTHER RELIEF/S AS DEEMS FIT IN THE CIRCUMSTANCES OF THE
CASE AND ALLOW THE WRIT PETITION WITH COSTS IN THE
INTEREST OF JUSTICE AND EQUITY.
IN WP NO.109082/2026
BETWEEN:
IRANNA S/O. HANAMAPPA BADAGI,
AGE. 52 YEARS, OCC. AGRICULTURE,
R/O. BUDNI K.D., TALUK. MUDHOL,
DISTRICT. BAGALKOT-587313.
...PETITIONER
(BY SRI. V.S. KALASURMATH, ADVOCATE)
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HC-KAR
NC: 2026:KHC-D:18109
WP No. 109081 of 2026
C/W WP No. 109082 of 2026
WP No. 109124 of 2026
AND 1 OTHER
CNR: KAHC020202142026
AND:
1. THE SECRETARY,
GOVERNMENT OF KARNATAKA,
FINANCE DEPARTMENT,
VIDHANA SOUDHA, BENGALURU-560001.
2. THE SECRETARY,
GOVERNMENT OF KARNATAKA,
REVENUE DEPARTMENT,
VIDHANA SOUDHA, BENGALURU-560001.
3. THE ADDITIONAL CHIEF SECRETARY,
DEPARTMENT OF WATER RESOURCE,
VIKASA SOUDHA, BENGALURU-01.
4. THE MANAGING DIRECTOR,
KBJNL, PWD ANNEXE BUILDING,
RD
3 FLOOR, K.R. CIRCLE,
BENGALURU-560001.
5. THE COMMISSIONER,
LAND ACQUISITION R AND R,
UKP, NAVANAGAR,
BAGALKOT-587103.
6. THE SPECIAL DEPUTY COMMISSIONER,
UKP, JAMAKHANDI, DIST. BAGALKOT-587301.
7. THE SPECIAL LAND ACQUISITION OFFICER,
UKP, BILAGI, TQ. BILAGI,
DIST. BAGALKOT-587204.
...RESPONDENTS
(BY SRI. GANGADHAR J.M., AAG A/W
SMT. RATNAMALA G.H., HCGP FOR R1 TO R3, R5 TO R7;
SRI. CHETAN MUNNOLI, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A
WRIT IN THE NATURE OF MANDAMUS DIRECTING THE
RESPONDENTS NO.2 TO 7 TO CONCLUDE THE JMC (JOINT
MEASUREMENT CENSES), ISSUE 19(1) FINAL NOTIFICATION
AND PASS CONSENT AWARD IN THE LIGHT OF GOVERNMENT
ORDER DATED 09.10.2025 BEARING NO.JA SAM E 93 KBN 2025,
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NC: 2026:KHC-D:18109
WP No. 109081 of 2026
C/W WP No. 109082 of 2026
WP No. 109124 of 2026
AND 1 OTHER
CNR: KAHC020202142026
BENGALURU VIDE ANNEXURE-D AND PAY COMPENSATION WITH
REGARDING TO SUBJECT PROPERTY BEARING SY.NO.38/6
MEASURING 1 ACRES 01 GUNTAS, SY.NO.36/1/5 MEASURING 1
ACRES 26 GUNTAS, SY.NO.36/2/6 MEASURING 0 ACRES 34
GUNTAS AND SY.NO.36/2/1 MEASURING 0 ACRES 12 GUNTAS
OF BUDNI K D VILLAGE TQ. MUDHOL, DIST. BAGALKOT. (B) TO
GRANT SUCH OTHER RELIEF/S AS DEEMS FIT IN THE
CIRCUMSTANCES OF THE CASE AND ALLOW THE WRIT PETITION
WITH COSTS IN THE INTEREST OF JUSTICE AND EQUITY.
IN WP NO.109124/2026
BETWEEN:
MANJULA W/O. ARUNA MALLAGHAN,
AGE. 41 YEARS, OCC. AGRICULTURE,
R/O. BUDNI K.D., TALUK. MUDHOL,
DISTRICT. BAGALKOT-587313.
...PETITIONER
(BY SRI. V.S. KALASURMATH, ADVOCATE)
AND:
1. THE SECRETARY,
GOVERNMENT OF KARNATAKA,
FINANCE DEPARTMENT,
VIDHANA SOUDHA, BENGALURU-560001.
2. THE SECRETARY,
GOVERNMENT OF KARNATAKA,
REVENUE DEPARTMENT,
VIDHANA SOUDHA, BENGALURU-560001.
3. THE ADDITIONAL CHIEF SECRETARY,
DEPARTMENT OF WATER RESOURCE,
VIKASA SOUDHA, BENGALURU-01.
4. THE MANAGING DIRECTOR,
KBJNL, PWD ANNEXE BUILDING,
RD
3 FLOOR, K.R. CIRCLE,
BENGALURU-560001.
5. THE COMMISSIONER,
LAND ACQUISITION R AND R,
UKP, NAVANAGAR,
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NC: 2026:KHC-D:18109
WP No. 109081 of 2026
C/W WP No. 109082 of 2026
WP No. 109124 of 2026
AND 1 OTHER
CNR: KAHC020202142026
BAGALKOT-587103.
6. THE SPECIAL DEPUTY COMMISSIONER,
UKP, JAMAKHANDI, DIST. BAGALKOT-587301.
7. THE SPECIAL LAND ACQUISITION OFFICER,
UKP, BILAGI, TQ. BILAGI,
DIST. BAGALKOT-587204.
...RESPONDENTS
(BY SRI. GANGADHAR J.M., AAG A/W
SMT. RATNAMALA G.H., HCGP FOR R1 TO R3, R5 TO R7;
SRI. CHETAN MUNNOLI, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A
WRIT IN THE NATURE OF MANDAMUS DIRECTING THE
RESPONDENTS NO.2 TO 7 TO CONCLUDE THE JMC (JOINT
MEASUREMENT CENSES), ISSUE 19(1) FINAL NOTIFICATION
AND PASS CONSENT AWARD IN THE LIGHT OF GOVERNMENT
ORDER DATED 09.10.2025 BEARING NO.JA SAM E 93 KBN 2025,
BENGALURU VIDE ANNEXURE-C AND PAY COMPENSATION WITH
REGARDING TO SUBJECT PROPERTY BEARING SY.NO.39/3
MEASURING 0 ACRES 10 GUNTAS OF BUDNI K.D VILLAGE TQ.
MUDHOL, DIST. BAGALKOT. (B) TO GRANT SUCH OTHER
RELIEF/S AS DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE
AND ALLOW THE WRIT PETITION WITH COSTS IN THE INTEREST
OF JUSTICE AND EQUITY.
IN WP NO.109130/2026
BETWEEN:
HOLIYAPPA @ HOLEPPA BADAGI S/O. HANAMAPPA,
AGE. 63 YEARS, OCC. AGRICULTURE,
R/O. BUDNI K.D., TALUK. MUDHOL,
DISTRICT. BAGALKOT-587313.
...PETITIONER
(BY SRI. V.S. KALASURMATH, ADVOCATE)
AND:
1. THE SECRETARY,
GOVERNMENT OF KARNATAKA,
FINANCE DEPARTMENT,
VIDHANA SOUDHA, BENGALURU-560001.
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HC-KAR
NC: 2026:KHC-D:18109
WP No. 109081 of 2026
C/W WP No. 109082 of 2026
WP No. 109124 of 2026
AND 1 OTHER
CNR: KAHC020202142026
2. THE SECRETARY,
GOVERNMENT OF KARNATAKA,
REVENUE DEPARTMENT,
VIDHANA SOUDHA, BENGALURU-560001.
3. THE ADDITIONAL CHIEF SECRETARY,
DEPARTMENT OF WATER RESOURCE,
VIKASA SOUDHA, BENGALURU-01.
4. THE MANAGING DIRECTOR,
KBJNL, PWD ANNEXE BUILDING,
RD
3 FLOOR, K.R. CIRCLE,
BENGALURU-560001.
5. THE COMMISSIONER,
LAND ACQUISITION R AND R,
UKP, NAVANAGAR,
BAGALKOT-587103.
6. THE SPECIAL DEPUTY COMMISSIONER,
UKP, JAMAKHANDI, DIST. BAGALKOT-587301.
7. THE SPECIAL LAND ACQUISITION OFFICER,
UKP, BILAGI, TQ. BILAGI,
DIST. BAGALKOT-587204.
...RESPONDENTS
(BY SRI. GANGADHAR J.M., AAG A/W
SMT. RATNAMALA G.H., HCGP FOR R1 TO R3, R5 TO R7;
SRI. CHETAN MUNNOLI, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A
WRIT IN THE NATURE OF MANDAMUS DIRECTING THE
RESPONDENTS NO.2 TO 7 TO CONCLUDE THE JMC (JOINT
MEASUREMENT CENSES), ISSUE 19(1) FINAL NOTIFICATION
AND PASS CONSENT AWARD IN THE LIGHT OF GOVERNMENT
ORDER DATED 09.10.2025 BEARING NO.JA SAM E 93 KBN 2025,
BENGALURU VIDE ANNEXURE-D AND PAY COMPENSATION WITH
REGARDING TO SUBJECT PROPERTY BEARING SY.NO.39/1B
MEASURING 3 ACRES 18 GUNTAS OF BUDNI K.D VILLAGE TQ.
MUDHOL, DIST. BAGALKOT. (B) TO GRANT SUCH OTHER
RELIEF/S AS DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE
AND ALLOW THE WRIT PETITION WITH COSTS IN THE INTEREST
OF JUSTICE AND EQUITY.
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HC-KAR
NC: 2026:KHC-D:18109
WP No. 109081 of 2026
C/W WP No. 109082 of 2026
WP No. 109124 of 2026
AND 1 OTHER
CNR: KAHC020202142026
THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE T.M.NADAF
ORAL ORDER
Heard Sri. V.S. Kalasurmath, learned counsel appearing
for the petitioners, Sri. Gangadhar J.M., learned AAG and
Smt. Ratnamala G.H., learned HCGP appearing for respondent
Nos.1 to 3, 5 to 7 and Sri. Chetan Munnoli, learned counsel
appearing for respondent No.4 in all the cases.
2. This batch of petitions are filed seeking to extend
the benefit of Government Order dated 09.10.2025 bearing
No.JA SAM E 93 KBN 2025, Bengaluru.
3. The case of the petitioners is that their lands have
been proposed to be acquired under Preliminary Notification for
Upper Krishna Project. However, no Final Notification has been
issued so far. In the meanwhile, the Government has passed an
order on 09.10.2025, fixing the rate to the lands on consent
award.
4. Learned counsel for the petitioners submits that the
petitioners are agreeable for the consent award and the
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C/W WP No. 109082 of 2026
WP No. 109124 of 2026
AND 1 OTHER
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amount be fixed for passing consent award in terms of
Government Order dated 09.10.2025 and the matters be
disposed of in terms of the order passed by this Court in
W.P.No.108516/2026, disposed on 09.10.2026.
5. Sri Gangadhar J. M, learned AAG submits that in
terms of law, the Final Notification ought to have been issued
within 12 months from the date of Preliminary Notification,
unless and until the time is extended by the Government Order
in that regard.
6. The Preliminary Notification came to be issued on
20.06.2022. Now we are in 2026. No Final Notification has been
issued within the time limit fixed under Section 19(1) of the
Right to Fair Compensation and Acquisition, Rehabilitation and
Resettlement Act, 2013.
7. In that view of the matter, Sri Gangadhar J.M.,
learned AAG submits that the Preliminary Notification issued in
the year 2022 has spent itself/died down. He further submits
that passing of consent award would be permissible only when
there is Final Notification and it is the discretion of the
Authority. He submits that once the Preliminary Notification
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itself spent by lapse of time, there may not be any process for
passing consent award.
8. At this stage, Sri V.S. Kalasurmath, learned counsel
for the petitioners submits that the Principal Secretary of the
Government has filed affidavit in the contempt proceedings
stating that they would pass Final Notification and thereafter
they will take all actions to pass consent award in terms of the
Government Order dated 09.10.2025.
9. Counsel submits that the contempt petition is still
pending before the Division Bench. In view of the affidavit filed
by the concerned Principal Secretary, now it is not open for the
Government to submit through AAG that the Preliminary
Notification issued itself spent by time.
10. Learned AAG in reply submits that, the affidavits
filed are in respect of different Notifications but in respect of
the same project. The same cannot be sought to be extended
in favor of the petitioners and in view of subsequent policy of
the Government, as per the Scheme 09.10.2025, the
acquisition would be year wise, as and when required.
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11. If that be so, the petitioners are entitled for the
relief sought for in this Writ Petition.
12. The petitioners seeking relief in this batch of writ
petitions is to pass the final notification, if it is available in law
and the Government is willing to pass and extend the benefit in
terms of the Government order dated 09.10.2025. In these
circumstances, this Court proceeds to pass the following:
ORDER
(i) Writ petitions are allowed with a direction to the
Government to take action in terms of law on
the representations extending the benefit of the
Government Order dated 09.10.2025 to the
petitioners, if already not granted in accordance
with law, with liberty to the petitioners to appear
before the concerned SLAO on 20.11.2026 along
with relevant documents in that regard and the
concerned SLAO to take action in accordance
with the Government Order dated 09.10.2025 in
respect of the lands of the petitioners in
accordance with law within an outer limit of 1
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year from the date of first appearance of the
petitioners.
(ii) If, in the event, the compliance is not done
within the time frame, it is for the State to seek
extension of time with the valid reasons in terms
of law.
(iii) In the event, any order/endorsement issued
against the request of the petitioners, it is for
the petitioners to seek any remedy available
within the provisions of the Right to Fair
Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act,
2013 such as damages or otherwise under
Section 93(2) of the Act, 2013, if they are so
advised, in accordance with law.
Sd/-
(T.M.NADAF)
JUDGE
RKM/CKK
CT: UMD
List No.: 1 Sl No.: 23