Karnataka High Court
The Special Land Acquisition ... vs Sri T P Shankaraiah on 3 February, 2023
Bench: Chief Justice, Ashok S.Kinagi
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WA No. 825 of 2022
C/W WA No. 835 of 2022
WA No. 836 of 2022
WA No. 837 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF FEBRUARY, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
WRIT APPEAL NO. 825 OF 2022
c/w
WRIT APPEAL NOS. 835 OF 2022, 836 OF 2022,
837 OF 2022(LA-RES)
IN. W.A.NO. 825/2022
BETWEEN:
THE SPECIAL LAND ACQUISITION OFFICER
& APPROPRIATE AUTHORITY
NATIONAL HIGHWAYS AUTHORITY OF INDIA
Digitally TUMKUR, SHIVAMOGGA PACKAGE I (NH-206)
signed by R
DEEPA TUMKUR UNIT, BETTASHRI COMPLEX
Location:
High Court of
ABOVE RENUKA SUPER BAZAAR, 5TH CROSS
Karnataka 60FT, ROAD, SAPTHAGIRI EXTENSION
TUMKUR, KARNATAKA - 572 102
REPRESENTED BY SLAO - SRI. G.R. NATARAJA.
...APPELLANT
(BY SRI UDAYA HOLLA, SENIOR ADVOCATE FOR
SMT. SHILPA GHANSHYAMBHAI SHAH.,ADVOCATE)
AND:
1. SRI T P SHANKARAIAH
AGED ABOUT 68 YEARS,
S/O PUTTAIAH
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WA No. 825 of 2022
C/W WA No. 835 of 2022
WA No. 836 of 2022
WA No. 837 of 2022
R/AT THIMLAPURA,
KIBBANHALLI, TUMKUR
KARNATAKA 572114
2. UNION OF INDIA
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS
NEW DELHI 110001.
3. STATE OF KARNATAKA
VIDHAN SOUDHA,
BENGALURU 560001
REP BY ITS CHIEF SECRETARY.
...RESPONDENTS
(BY SRI.CLIFTON D' ROZARIO .,ADVOCATE FOR C/R-1
SRI. RAMABHAT, CGC., FOR R-2
SRI. S. RAJASHEKAR, AGA FOR R-3)
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE
COMMON ORDER DATED 19.07.2022 PASSED BY THE
LEARNED SINGLE JUDGE IN WP No-10103/2020 C/w WP No-
12483/2020 WP No-12537/2020 AND WP No-14110/2021
IN SO FAR AS IT RELATES TO WP No-14110/20212 AND
ETC.
IN. W.A.NO.835/2022
BETWEEN:
THE SPECIAL LAND ACQUISITION OFFICER
& APPROPRIATE AUTHORITY
NATIONAL HIGHWAYS AUTHORITY OF INDIA
BETTASHREE COMPLEX, 1ST FLOOR
RENUKA SUPER BAZAR, 5TH CROSS
60 FT, ROAD, SAPTHAGIRI EXTENSION
TUMKUR - 572 102.
...APPELLANT
(BY SRI UDAYA HOLLA, SENIOR ADVOCATE FOR
SRI. HANUMANTHA REDDY.G.,ADVOCATE)
AND:
1. SHRI. BASAVARAJU B.G
S/O LATE GURUBASAPPA
AGED ABOUT 63 YEARS
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WA No. 825 of 2022
C/W WA No. 835 of 2022
WA No. 836 of 2022
WA No. 837 of 2022
R/O 82, BAIRANAYAKANAHALLI
TIPTUR TALUK, TIPTUR - 572 201.
TUMKUR DISTRICT.
2. UNION OF INDIA
MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS NEW DELHI 110001.
3. STATE OF KARNATAKA
VIDHAN SOUDHA,
BENGALURU 560001
REP BY ITS CHIEF SECRETARY.
...RESPONDENTS
(BY SRI.CLIFTON D' ROZARIO .,ADVOCATE FOR C/R-1
SRI. THIMMANNA BHAT, CGC., FOR R-2
SRI. S. RAJASHEKAR, AGA FOR R-3)
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, 1961 PRAYING TO ALLOW THIS WRIT
APPEAL AND QUASH AND SET ASIDE THE COMMON JUDGMENT
AND ORDER DATED: 19.07.2022 OF THE LEARNED SINGLE
JUDGE IN W.P.NO. 10103/2020 C/W WRIT PETITION
12483/2020, WRIT PETITION 12537/2020 AND WRIT PETITION
14110/2021 AND DISMISS THE WRIT PETITION 12537/2020.
IN. W.A.NO.836/2022
BETWEEN:
THE SPECIAL LAND ACQUISITION OFFICER
& APPROPRIATE AUTHORITY
NATIONAL HIGHWAYS AUTHORITY OF INDIA
BETTASHREE COMPLEX, 1ST FLOOR
RENUKA SUPER BAZAR, 5TH CROSS
60 FT, ROAD, SAPTHAGIRI EXTENSION
TUMKUR - 572 102.
...APPELLANT
(BY SRI UDAYA HOLLA, SENIOR ADVOCATE FOR
SRI. HANUMANTHA REDDY.G.,ADVOCATE)
AND:
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WA No. 825 of 2022
C/W WA No. 835 of 2022
WA No. 836 of 2022
WA No. 837 of 2022
1. SHRI. B. LOKESH
S/O G. BHYRAPPA
AGED ABOUT 39 YEARS
R/O. BAIRANAYAKANAHALLI
TIPTUR TALUK, TIPTUR - 572 201.
2. SMT. KAMALAMMA
W/O LATE CHANNABASAPPA
AGED ABOUT 72 YEARS
R/O No. 84, BAIRANAYAKANAHALLI
HONNAVALLI HOBLI
TIPTUR TALUK - 572 201.
3. SHRI. B. G. VIRUPAKSHAPPA
S/O LATE GURUBASAPPA
AGED ABOUT 65 YEARS
R/O No. 83, BYRANAYAKANAHALLI
HONNAVALLI, HOBLI,
TIPTUR TALUK - 572 201.
4. SMT. PARVATHAMMA H.P
W/O LATE BAIRAPPA .G
AGED ABOUT 68 YEARS
R/O No. 83-1, BYRANAYAKANAHALLI
HONNAVALLI HOBLI
TIPTUR TALUK - 572 201.
5. UNION OF INDIA
MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS NEW DELHI 110001.
6. STATE OF KARNATAKA
VIDHAN SOUDHA, BENGALURU 560001
REP BY ITS CHIEF SECRETARY.
...RESPONDENTS
(BY SRI.CLIFTON D' ROZARIO .,ADVOCATE FOR C/R-1 TO R-4
SRI. THIMMANNA BHAT, CGC., FOR R-5
SRI. S. RAJASHEKAR, AGA FOR R-6)
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, 1961 PRAYING TO ALLOW THIS WRIT
APPEAL AND QUASH AND SET ASIDE THE COMMON JUDGMENT
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WA No. 825 of 2022
C/W WA No. 835 of 2022
WA No. 836 of 2022
WA No. 837 of 2022
AND ORDER DATED: 19.07.2022 OF THE LEARNED SINGLE
JUDGE IN W.P.NO. 10103/2020 C/W WRIT PETITION
12483/2020, WRIT PETITION 12537/2020 AND WRIT PETITION
14110/2021 AND DISMISS THE WRIT PETITION 12483/2020 IN
THE INTEREST OF JUSTICE AND EQUITY.
IN. W.A.NO.837/2022
BETWEEN:
THE SPECIAL LAND ACQUISITION OFFICER
& APPROPRIATE AUTHORITY
NATIONAL HIGHWAYS AUTHORITY OF INDIA
BETTASHREE COMPLEX,
1ST FLOOR,RENUKA SUPER BAZAR,
5TH CROSS,60 FT, ROAD,
SAPTHAGIRI EXTENSION
TUMKUR - 572 102.
...APPELLANT
(BY SRI UDAYA HOLLA, SENIOR ADVOCATE FOR
SRI. HANUMANTHA REDDY.G,ADVOCATE)
AND:
1. SHRI. MANOHAR PATEL.R
S/O RAMU R @ V.R. RAMANNA
AGED ABOUT 48 YEARS
R/O. 3RD MAIN, VALAGERE HALLI
RANGAPPA LAYOUT, BEHIND
SHANKAR NAGAR,
TIPTUR - 572 202.
TUMKUR DISTRICT.
2. SHRI. MOHAN PATEL
S/O RAMU R @ V.R. RAMANNA
AGED ABOUT 46 YEARS
R/O. 3RD MAIN, VALAGERE HALLI
RANGAPPA LAYOUT, BEHIND
SHANKAR NAGAR,
TIPTUR - 572 202.
TUMKUR DISTRICT.
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WA No. 825 of 2022
C/W WA No. 835 of 2022
WA No. 836 of 2022
WA No. 837 of 2022
3. UNION OF INDIA
MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS NEW DELHI 110001.
4. STATE OF KARNATAKA
VIDHAN SOUDHA,
BENGALURU 560001
REP BY ITS CHIEF SECRETARY.
...RESPONDENTS
(BY SRI.CLIFTON D' ROZARIO .,ADVOCATE FOR C/R-1 & 2
SRI. THIMMANNA BHAT, CGC., FOR R-3
SRI. S. RAJASHEKAR, AGA FOR R-4)
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, 1961 PRAYING TO ALLOW THIS WRIT
APPEAL AND QUASH AND SET ASIDE THE COMMON JUDGMENT
AND ORDER DATED: 19.07.2022 OF THE LEARNED SINGLE
JUDGE IN W.P.NO. 10103/2020 C/W WRIT PETITION
12483/2020, WRIT PETITION 12537/2020 AND WRIT PETITION
14110/2021 AND DISMISS THE WRIT PETITION 10103/2020.
THESE WRIT APPEALS COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE, DELIVERED THE
FOLLOWING:
JUDGMENT
Learned Senior Counsel Sri. Udaya Holla appearing
for the appellants submits that presently the appellants
are more interested to see that the proposed work of
construction of the road, i.e., building, widening/4 laning,
maintenance, management and operation of NH-206 on
the stretch of lands from Kms. 45.500 to Kms.92.000
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WA No. 837 of 2022
(Tumkur-Honnavara Section) in the district of Tumkur, is
not stalled.
2. As the appellants are more interested to see that
the above said work is not stalled and the work is
completed within the stipulated and scheduled period so
as to serve the public at large, without insisting on the
other grounds raised in the appeals, the appellants would
undertake the exercise as directed by the learned Single
Judge in paragraphs No.18.23 and 19.2 of the impugned
order, which is as follows, and complete this exercise as
early as possible:
"18.23. Thus, I am of the considered opinion
that firstly it is for the competent authority to
follow the procedure as stated under Section 3-G
by taking into consideration the applicability of
Schedule-I, II and III of the LARR Act of 2013 and
secondly, if the competent authority has not taken
those facts into consideration, the land loser can
approach the Arbitrator for determining the
compensation in terms of Schedules-I, II and III.
19.2. However, in the present case the
competent authority not having performed his/her
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obligation of determining compensation in terms of
Schedule I, II and III, it is required that the
competent authority redoes the same and passes
an award."
3. Learned counsel appearing for respondent No.1
herein, the petitioner before the learned Single Judge,
submits that he is not willing to stall the road work, but it
is only the desire of the petitioner to have an adequate
compensation for his land and for other benefits like
resettlement and rehabilitation, if the petitioner is entitled
to, under the provisions of law and particularly the Right
to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013.
4. Now, as the learned Single Judge under the
directions in paragraph No.18.23 granted liberty to the
petitioner to approach the Arbitrator in case the petitioner
finds that the amount of compensation awarded to him is
inadequate, the petitioner can avail this liberty and
approach the Arbitrator. This is also reiterated in
paragraph No.20.3 of the learned Single Judge's order.
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5. Now, the only issue relates to the submission of
the learned counsel for the petitioner that there is a
standing crop in the patch of land which is under the
proposed road work. Sri. Udaya Holla, learned Senior
Counsel was fair enough to submit that the appellant-
authority would wait for two weeks from today, so that the
petitioner can take appropriate steps to remove the
standing crop from the land and after two weeks, the
appellant-authority would undertake the exercise of the
road work.
6. Learned Senior Counsel also submits before this
Court that the appellant-authority would adhere to the
timeline for carrying out the exercise as fixed by the
learned Single Judge, i.e., within a period of four months
from today. Learned counsel for the petitioner also
submits that after two weeks , the petitioner would not
object the appellant-authority for road construction work.
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7. This statement made on behalf of the petitioner is
accepted as an undertaking to this Court.
8. Now, as the issue itself is set at rest by this
proposal and counter proposal, it may not be necessary for
us to refer to the other directions or form any opinion
about the other directions. Hence, we have no reason to
keep the appeals pending in this Court. Accordingly, with
the above referred observations, the writ appeals are
disposed of.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
RD
