Karnataka High Court
Sidrai S/O Yallappa Patil vs The Union Of India on 22 January, 2025
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
-1-
NC: 2025:KHC-D:1245
WP No. 100061 of 2024
C/W WP No. 105937 of 2023
WP No. 106042 of 2023
AND 16 OTHERS
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
ND
R
DATED THIS THE 22 DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 100061 OF 2024 (LA-RES)
C/W
WRIT PETITION NO. 105937 OF 2023 (LA-RES)
WRIT PETITION NO. 106042 OF 2023 (LA-RES)
WRIT PETITION NO. 106052 OF 2023 (LA-RES)
WRIT PETITION NO. 106053 OF 2023 (LA-RES)
WRIT PETITION NO. 106058 OF 2023 (LA-RES)
WRIT PETITION NO. 106234 OF 2023 (LA-RES)
WRIT PETITION NO. 106256 OF 2023 (LA-RES)
WRIT PETITION NO. 106263 OF 2023 (LA-RES)
WRIT PETITION NO. 106270 OF 2023 (LA-RES)
WRIT PETITION NO. 106574 OF 2023 (LA-RES)
WRIT PETITION NO. 108035 OF 2023 (LA-RES)
WRIT PETITION NO. 100643 OF 2024 (LA-RES)
WRIT PETITION NO. 100675 OF 2024 (LA-RES)
GIRIJA A
BYAHATTI WRIT PETITION NO. 100747 OF 2024 (LA-RES)
WRIT PETITION NO. 101014 OF 2024 (LA-RES)
Location: HIGH
COURT OF WRIT PETITION NO. 103240 OF 2024 (LA-RES)
KARNATAKA
DHARWAD
BENCH
WRIT PETITION NO. 106494 OF 2024 (LA-RES)
WRIT PETITION NO. 106523 OF 2024 (LA-RES)
IN W.P.NO. 100061/2024
BETWEEN:
1. SHAMRAO S/O. KHIROJI PATIL,
AGE: 45 YEARS, OCC: ADVOCATE,
2. MAHADEV S/O. KHIROJI PATIL,
AGE: 42 YEARS, OCC: ADVOCATE,
BOTH ARE RESIDENTS OF
-2-
NC: 2025:KHC-D:1245
WP No. 100061 of 2024
C/W WP No. 105937 of 2023
WP No. 106042 of 2023
AND 16 OTHERS
R/O.#3, HOLI KAMANNA GALLI,
KADOLI (GUNJENATTI ) VILLAGE,
TQ AND DIST: BELAGAVI-591113
...PETITIONERS
(BY SRI. PRASAD PATIL, ADVOCATE)
AND:
1. THE UNION OF INDIA
REP. BY ITS SECRETARY,
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
NEW DELHI-110001.
2. NATIONAL HIGHWAY AUTHORITY OF INDIA,
REPRESENTED BY ITS SECRETARY,
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
NEW DELHI-110001.
3. THE ASSISTANT COMMISSIONER AND
COMPETENT AUTHORITY FOR LAND ACQUISITION,
BELAGAVI RING ROAD,
(EASTERN AND WESTERN BYPASS )
BELAGAVI-590001.
...RESPONDENTS
(BY SRI. M.B. KANAVI, CGSC FOR R1;
SRI. SAGAR LADDA, SRI. SAGAR VARMA,
SRI. D.M. MALLI & SRI. PRASHANT MATHAPATI,
ADVOCATES FOR R2-R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI TO QUASH THE IMPUGNED PRELIMINARY
NOTIFICATION DATED 13/09/2022 BEARING NO. S.O. NO.4280 (E)
PUBLISHED/NOTIFIED BY THE 2ND AND 3RD RESPONDENTS VIDE
ANNEXURE-A SO FAR AS IT RELATES TO THE PETITIONER
AGRICULTURAL LANDS ARE CONCERNED BEARING SY.NO.32/21
TOTAL MEASURING 00 ACRE 21 GUNTAS OF KADOLI VILLAGE, IN
THE INTEREST OF JUSTICE AND EQUITY; ISSUE A WRIT IN THE
NATURE OF CERTIORARI TO QUASH THE IMPUGNED FINAL
NOTIFICATION DATED 28/06/2023 BEARING NO. S.O. NO.2807(E)
PUBLISHED/NOTIFIED BY THE 2ND AND 3RD RESPONDENTS VIDE
ANNEXURE-E SO FAR AS IT RELATES TO THE PETITIONERS LAND
ARE CONCERNED BEARING SY.NO.32/21 TOTAL MEASURING 00
ACRE 21 GUNTAS OF KADOLI VILLAGE IN THE INTEREST OF JUSTICE
AND EQUITY.
-3-
NC: 2025:KHC-D:1245
WP No. 100061 of 2024
C/W WP No. 105937 of 2023
WP No. 106042 of 2023
AND 16 OTHERS
IN W.P.NO. 105937/2023
BETWEEN:
1. LAXMAN NINGAPPA PUNAJICHE
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O.H.NO.587, MARUTI GALLI, UCHAGAON,
TQ: & DIST: BELAGAVI-590001.
2. ASHOK NINGAPPA PUNAJICHE,
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O.H.NO.587, MARUTI GALLI, UCHAGAON,
TQ: & DIST: BELAGAVI-590001.
3. GOPAL NINGAPPA PUNAJICHE
AGE: 56 YEARS, OCC: AGRICULTURE,
R/O.H.NO.587, MARUTI GALLI, UCHAGAON,
TQ: & DIST: BELAGAVI-580001.
...PETITIONERS
(BY SRI. NANDISH PATIL AND
SRI. RAMACHANDRA V. BHAT, ADVOCATES)
AND:
1. THE UNION OF INDIA
REP. BY ITS SECRETARY,
MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS TRANSPORT BHAVAN 1,
PARLIAMENT STREET, NEW DELHI-110001.
2. THE NATIONAL HIGHWAY AUTHORITY OF INDIA,
REPRESENTED BY ITS CHAIRMAN,
(AN AUTHORITY CONSTITUTED UNDER THE
NATIONAL HIGHWAYS AUTHORITY OF INDIA
ACT, 1988) G5 & 6,
SECTOR 10, DWARKA, NEW DELHI-110075.
3. THE ASSISTANT COMMISSIONER,
BELAGAVI & COMPETENT AUTHORITY FOR
LAND ACQUISITON, RING ROAD, BELAGAVI-590001.
...RESPONDENTS
(BY SRI. M.B. KANAVI, CGSC FOR R1;
SRI. SAGAR LADDA, SRI. SAGAR VARMA,
-4-
NC: 2025:KHC-D:1245
WP No. 100061 of 2024
C/W WP No. 105937 of 2023
WP No. 106042 of 2023
AND 16 OTHERS
SRI. D.M. MALLI & SRI. PRASHANT MATHAPATI,
ADVOCATES FOR R2-R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE
NATURE OF CERTIORARI TO QUASH THE IMPUGNED PRELIMINARY
NOTIFICATION DATED 10.10.2022 BRG.NO.CAQ/BRR/SR/01/2022
PUBLISHED IN HINDU PAPER DATED 13-10-2022 PASSED BY THE
RESPONDENT NO.3 VIDE ANNEXURE-C, SO FAR IT RELATES TO THE
PETITIONERS LAND BEARING R.S.NOS.320/5 (MEASURING 1-ACRE
20-GUNTAS), 325/1 (MEASURING 1-ACRE 4-GUNTAS) AND 325/6
(MEASURING 27-GUNTAS) OF UCHAGAO VILLAGE TQ AND DIST.
BELAGAVI, IN THE INTEREST OF JUSTICE AND EQUITY;
ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE
IMPUGNED FINAL NOTIFICATION DATED 27.07.2023
BRG.NO.LAQ/BRR/SR-01/2022 PASSED BY THE RESPONDENT NO.3
VIDE ANNEXURE-F PUBLISHED IN HINDU PAPER DATED 4-8-2023 SO
FAR IT RELATES TO THE PETITIONERS LAND BEARING
R.S.NOS.320/5 (MEASURING 1-ACRE 20 GUNTAS), 325/1
(MEASURING 1 ACRE 4 GUNTAS) AND 325/6 (MEASURING 27
GUNTAS) OF UCHAGAO VILLAGE TQ AND DIST. BELAGAVI, IN THE
INTEREST OF JUSTICE AND EQUITY AND ETC.
IN W.P.NO. 106042/2023
BETWEEN:
1. SHRI. SHANKAR MARUTI HONAGEKAR,
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O. UCHAGOAN VILLAGE,
TQ: AND DIST: BELAGAVI-590001.
2. SHRI. LAXMAN SHATTU HONAGEKAR,
AGE: 58 YEARS, OCC: AGRICULTURE,
R/O. UCHAGOAN VILLAGE,
TQ: AND DIST: BELAGAVI-590001.
3. SHRI. LAXMAN SATBA HONAGEKAR,
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O. UCHAGOAN VILLAGE,
TQ: AND DIST: BELAGAVI-590001.
-5-
NC: 2025:KHC-D:1245
WP No. 100061 of 2024
C/W WP No. 105937 of 2023
WP No. 106042 of 2023
AND 16 OTHERS
4. SHRI. BHARMA SHATTU HONAGEKAR,
AGE: 70 YEARS, OCC: AGRICULTURE,
R/O. UCHAGOAN VILLAGE,
TQ: AND DIST: BELAGAVI-590001.
...PETITIONERS
(BY SRI. NANDISH PATIL AND
SRI. RAMACHANDRA V. BHAT, ADVOCATES)
AND
1. THE UNION OF INDIA,
R/BY ITS SECRETARY,
MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS TRANSPORT BHAVAN 1,
PARLIAMENT STREET, NEW DELHI-110001.
2. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA,
R/BY ITS CHAIRMAN,
(AN AUTHORITY CONSTITUTED UNDER
THE NATIONAL HIGHWAYS AUTHORITY OF
INDIA ACT, 1988) G5 AND 6,
SECTOR 10, DWARKA, NEW DELHI-110075.
3. THE ASSISTANT COMMISSIONER,
BELAGAVI AND COMPETENT AUTHORITY FOR
LAND ACQUISITION, RING ROAD,
BELAGAVI-590001.
...RESPONDENTS
(BY SRI. M.B. KANAVI, CGSC FOR R1;
SRI. SAGAR LADDA, SRI. SAGAR VARMA,
SRI. D.M. MALLI & SRI. PRASHANT MATHAPATI,
ADVOCATES FOR R2-R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE
NATURE OF CERTIORARI TO QUASH THE IMPUGNED PRELIMINARY
NOTIFICATION DATED 10.10.2022 BRG.NO.LAQ/BRR/SR/01/2022
PASSED BY THE RESPONDENT NO.3 PRODUCED IN HINDU PAPER
-6-
NC: 2025:KHC-D:1245
WP No. 100061 of 2024
C/W WP No. 105937 of 2023
WP No. 106042 of 2023
AND 16 OTHERS
DTD. 13.10.2022 VIDE ANNEXURE-C, SO FAR IT RELATES TO THE
PETITIONERS LAND BEARING R.S.NOS.374/1A, SY.NO.374/1B,
374/1C AND 374/1D TOTALLY MEASURING 3-ACRES 11-GUNTAS
AND ANOTHER SY.NO.382/2 MEASURING 1-ACRE 23-GUNTAS OF
UCHAGAO VILLAGE, TQ AND DIST.BELAGAVI, IN THE INTEREST OF
JUSTICE AND EQUITY; ISSUE WRIT IN THE NATURE OF CERTIORARI
TO QUASH THE IMPUGNED FINAL NOTIFICATION DATED 27.07.2023
BRG.NO.LAQ/BRR/SR-01/2022 PASSED BY THE RESPONDENT NO.3
PRODUCED IN TIMES OF INDIA PAPER BELGAVI EDITION DTD
4/8/2023 VIDE ANNEXURE-E, SO FAR IT RELATES TO THE
PETITIONERS LAND BEARING R.S.NOS.374/1A, SY.NO.374/1B,
374/1C AND 374/1D TOTALLY MEASURING 3 ACRES 11-GUNTAS
AND ANOTHER SY.NO.382/2 MEASURING 1-ACRE 23-GUNTAS, IN
THE INTEREST OF JUSTICE AND EQUITY.
IN W.P.NO. 106052/2023
BETWEEN:
1. ROHINI W/O. CHANDRAKANAT DESAI @ WANI,
AGE: 51 YEARS, OCC: AGRICULTURE,
R/O. WAGHAVADE, TQ: AND DIST: BELAGAVI-590001.
2. SARANG S/O. CHANDRAKANT DESAI @ WANI,
AGE: 57 YEARS, OCC: AGRICULTURE,
R/O. WAGHAVADE, TQ: AND DIST: BELAGAVI-590001.
3. SWATI W/O. BAHURAO KAKTIKAR,
AGE: 37 YEARS, OCC: AGRICULTURE,
R/O. WAGHAVADE, TQ: AND DIST: BELAGAVI-590001.
...PETITIONERS
(BY SRI. NANDISH PATIL AND
SRI. RAMACHANDRA V. BHAT, ADVOCATES)
AND
1. THE UNION OF INDIA
REP. BY ITS SECRETARY,
MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS TRANSPORT BHAVAN 1,
-7-
NC: 2025:KHC-D:1245
WP No. 100061 of 2024
C/W WP No. 105937 of 2023
WP No. 106042 of 2023
AND 16 OTHERS
PARLIAMENT STREET, NEW DELHI-110001.
2. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA,
REP. BY ITS CHAIRMAN,
(AN AUTHORITY CONSTITUTED UNDER THE NATIONAL
HIGHWAYS AUTHORITY OF INDIA ACT, 1988)
G5 AND 6, SECTOR 10, DWARKA, NEW DELHI-110075.
3. THE ASSISTANT COMMISSIONER,
BELAGAVI AND COMPETENT AUTHORITY FOR
LAND ACQUISITION, RING ROAD, BELAGAVI-590001.
...RESPONDENTS
(BY SRI. M.B. KANAVI, CGSC FOR R1;
SRI. SAGAR LADDA, SRI. SAGAR VARMA,
SRI. D.M. MALLI & SRI. PRASHANT MATHAPATI,
ADVOCATES FOR R2-R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE
NATURE OF CERTIORARI TO QUASH THE IMPUGNED PRELIMINARY
NOTIFICATION DATED 10.10.2022 BRG.NO.LAQ/BRR/SR/01/2022
PASSED BY THE RESPONDENT NO.3 PUBLISHED IN HINDU PAPER
DTD. 13.10.2022 VIDE ANNEXURE-C, SO FAR IT RELATES TO THE
PETITIONERS LAND BEARING R.S.NOS.12/3 AND 12/4 OF WAGEVAD
VILLAGE TQ AND DIST.BELAGAVI, IN THE INTEREST OF JUSTICE
AND EQUITY;ISSUE WRIT IN THE NATURE OF CERTIORARI TO
QUASH THE IMPUGNED FINAL NOTIFICATION DATED 27.07.2023
BRG.NO.LAQ/BRR/SR-01/2022 PASSED BY THE RESPONDENT NO.3.
THE TIMES OF INDIA PAPER, HUBLI-DHARWAD-BELAGAVI EDITION
DTD 04.08.2022 VIDE ANNEXURE-F, SO FAR IT RELATES TO THE
PETITIONERS LAND BEARING R.S.NOS.12/3 (MEASURING-ACRES-
GUNTAS) AND 12/4 (MEASURING-ACRES-GUNTAS) OF WAGEVAD
VILLAGE TQ AND DIST.BELAGAVI, IN THE INTEREST OF JUSTICE
AND EQUITY.
IN W.P.NO. 106053/2023
BETWEEN:
1. MADHUMANGAL @ MADHUSUDAN
VITTALDAS KALANTRI,
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O. SANTIBASTWAD VILLAGE,
-8-
NC: 2025:KHC-D:1245
WP No. 100061 of 2024
C/W WP No. 105937 of 2023
WP No. 106042 of 2023
AND 16 OTHERS
TQ: & DIST: BELAGAVI-590001.
2. NINGAPPA S/O. MAHADEV MELGE,
AGE: 54 YEARS, OCC: AGRICULTURE,
R/O. SANTIBASTWAD VILLAGE,
TQ: & DIST: BELAGAVI-590001.
3. SATERI S/O. NINGAPPA MELGE,
AGE: 70 YEARS, OCC: AGRICULTURE,
R/O. SANTIBASTWAD VILLAGE,
TQ: & DIST: BELAGAVI-590001.
4. PIRAJI S/O RAMA MELGE,
AGE: 47 YEARS, OCC: AGRICULTURE,
R/O. SANTIBASTWAD VILLAGE,
TQ: & DIST: BELAGAVI-590001.
5. MARUTI S/O. ARJUN HONGEKAR,
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O. SANTIBASTWAD VILLAGE,
TQ: & DIST: BELAGAVI-590001.
6. SURESH S/O. MARUTI HONGEKAR,
AGE: 40 YEARS, OCC: AGRICULTURE,
R/O. SANTIBASTWAD VILLAGE,
TQ: & DIST: BELAGAVI-590001.
7. PUNDALIK S/O. LAXMAN HONGEKAR,
AGE: 57 YEARS, OCC: AGRICULTURE,
R/O. SANTIBASTWAD VILLAGE,
TQ: & DIST: BELAGAVI-590001.
8. DEVENDRA S/O. LAXMAN HONGEKAR,
AGE: 40 YEARS, OCC: AGRICULTURE,
R/O. SANTIBASTWAD VILLAGE,
TQ: & DIST: BELAGAVI-590001.
9. KOMAL S/O. SUBHASH HONGEKAR,
AGE: 30 YEARS, OCC: AGRICULTURE,
R/O. SANTIBASTWAD VILLAGE,
TQ: & DIST: BELAGAVI-590001.
-9-
NC: 2025:KHC-D:1245
WP No. 100061 of 2024
C/W WP No. 105937 of 2023
WP No. 106042 of 2023
AND 16 OTHERS
10. JOTIBA BHARAMANNA HONGEKAR,
AGE: 28 YEARS, OCC: AGRICULTURE,
R/O. SANTIBASTWAD VILLAGE,
TQ: & DIST: BELAGAVI-590001.
11. VITTAL S/O. IRAPPA PATIL,
AGE: 75 YEARS, OCC: AGRICULTURE,
R/O. SANTIBASTWAD VILLAGE,
TQ: & DIST: BELAGAVI-590001.
12. SHRI KRISHNA BABU BACHIKAR,
AGE: 61 YEARS, OCC: AGRICULTURE,
R/O. BELAGUNDI VILLAGE,
TQ: & DIST: BELAGAVI.
...PETITIONERS
(BY SRI. NANDISH PATIL AND
SRI. RAMACHANDRA V. BHAT, ADVOCATES)
AND
1. THE UNION OF INDIA,
REP. BY ITS SECRETARY,
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS
TRANSPORT BHAVAN-1,
PARLIAMENT STREET, NEW DELHI-110001.
2. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA,
REP. BY ITS CHAIRMAN,
(AN AUTHORITY CONSTITUTED UNDER THE
NATIONAL HIGHWAYS AUTHORITY
OF INDIA ACT, 1988) G5 & 6,
SECTOR 10, DWARKA, NEW DELHI 110075.
3. THE ASSISTANT COMMISSIONER,
BELAGAVI & COMPETENT AUTHORITY FOR
LAND ACQUISITION, RING ROAD, BELAGAVI.
....RESPONDENTS
(BY SRI. M.B. KANAVI, CGSC FOR R1;
SRI. SAGAR LADDA, SRI. SAGAR VARMA,
SRI. D.M. MALLI & SRI. PRASHANT MATHAPATI,
ADVOCATES FOR R2-R3)
- 10 -
NC: 2025:KHC-D:1245
WP No. 100061 of 2024
C/W WP No. 105937 of 2023
WP No. 106042 of 2023
AND 16 OTHERS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE
NATURE OF CERTIORARI TO QUASH THE IMPUGNED PRELIMINARY
NOTIFICATION DATED 10.10.2022 BRG.NO.LAQ/BRR/SR/01/2022
PASSED BY THE RESPONDENT NO.3 PUBLISHED IN HINDU PAPER
EDITION DTD. 13.10.2022 VIDE ANNEXURE-C, SO FAR IT RELATES
TO THE LANDS OWNED BY THE PETITIONER NOS.1 TO 12 AS
INDICATED BELOW;i) PETITIONER NO.1, THE OWNER OF
R.S.NO.193/1 AND R.S.NO.193/2 OF SANTIBASTWAD VILLAGE, TQ
AND DIST. BELAGAVI AND II) THE PETITIONER NOS.2 TO 4, THE
JOINT OWNERS IN POSSESSION OF AGRICULTURAL LANDS BEARING
R.S. NOS.146, 147, 167 AND 172 OF SANTIBASTWAD BELAGAVI
VILLAGE TQ AND DIST: BELAGAVI.III) THE PETITIONERS NOS.5 TO
10, THE JOINT OWNERS IN POSSESSION OF AGRICULTURAL LANDS
BEARING R.S. NOS. 171, 174/1 AND 199/B OF SANTIBASTWAD
VILLAGE TQ AND DIST: BELAGAVI.IV) THE PETITIONER NO.11, THE
OWNER IN POSSESSION OF AGRICULTURAL LAND BEARING
R.S.NO.65/6 OF SANTIBASTWAD VILLAGE TQ AND DIST: BELAGAVI,
IN THE INTEREST OF JUSTICE AND EQUITY.v) THE PETITIONER
NO.12, THE OWNER POSSESSION OF AGRICULTURAL LAND BEARING
R.S.NO.315/4, MEASURING 1 ACRE 23 GUNTAS. R.S. NO.315/2,
MEASURING 1 ACRE 23 GUNTAS, R.S.NO.326/5, MEASURING 31
GUNTAS 05 ANNAS OUT OF 2 ACRE 14 GUNTAS SITUATED AT
BELAGUNDI VILLAGE. TQ/DIST: BELAGAVI KARNATAKA, IN THE
INTEREST OF JUSTICE AND EQUITY; ISSUE WRIT IN THE NATURE OF
CERTIORARI TO QUASH THE IMPUGNED FINAL NOTIFICATION
DATED 27.07.2023 BRG NO.LAQ/BRR/SR-01/2022 PASSED BY THE
RESPONDENT NO.3. THE TIMES OF INDIA PAPER, HUBLI-DHARWAD-
BELAGAVI EDITION DTD: 04.08.2022 VIDE ANNEXURE-F, SO FAR IT
RELATES TO THE LANDS OWNED BY THE PETITIONER NOS.1 TO 12
AS INDICATED BELOW: I) PETITIONER NO. 1, THE OWNER OF R.S.
NO.193/1 AND R.S.NO.193/2 OF SANTIBASTWAD VILLAGE. TQ AND
DIST: BELAGAVI.II) THE PETITIONER NOS.2 TO 4, THE JOINT
OWNERS IN POSSESSION OF AGRICULTURAL LANDS BEARING R.S.
NOS.146, 147, 167 AND 172 OF SANTIBASTWAD VILLAGE TQ AND
DIST: BELAGAVI. II) THE PETITIONERS NOS.5 TO 10, THE JOINT
OWNERS IN POSSESSION OF AGRICULTURAL LANDS BEARING R.S.
NOS.171, 174/1 AND 199/B OF SANTIBASTWAD VILLAGE TQ AND
DIST. BELAGAVI.IV) THE PETITIONER NO.11, THE OWNER
- 11 -
NC: 2025:KHC-D:1245
WP No. 100061 of 2024
C/W WP No. 105937 of 2023
WP No. 106042 of 2023
AND 16 OTHERS
POSSESSION OF AGRICULTURAL LAND BEARING R.S.NO.65/6 OF
SANTIBASTWAD VILLAGE TQ AND DIST BELAGAVI, IN THE INTEREST
OF JUSTICE AND EQUITY.V) THE PETITIONER NO.12, THE OWNER
POSSESSION OF AGRICULTURAL LAND BEARING R.S.NO.315/4,
MEASURING 1 ACRE 23 GUNTAS, R.S.NO.315/2, MEASURING 1 ACRE
23 GUNTAS, R.S.NO.326/5, MEASURING 31 GUNTAS 05 ANNAS OUT
OF 2 ACRE 14 GUNTAS SITUATED AT BELAGUNDI VILLAGE,
TQ/DIST: BELAGAVI, KARNATAKA, IN THE INTEREST OF JUSTICE
AND EQUITY.C) ISSUE SUCH OTHER SUITABLE ORDER/S
DIRECTIONS AS THIS HON'BLE COURT DEEMS FIT AND PROPER IN
THE NATURE AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST
OF JUSTICE AND EQUITY.
IN W.P.NO. 106058/2023
BETWEEN:
ANNAPPA S/O. BHAMMANNA PATIL,
AGE: 66 YEARS, OCC: ADVOCATE
R/O. #363, BASTI GALLI, MACHHE,
TQ: AND DIST: BELAGAVI-590014.
...PETITIONER
(BY SRI. PRASAD PATIL, ADVOCATE)
AND:
1. THE UNION OF INDIA,
REP. BY ITS SECRETARY,
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
NEW DELHI-110001.
2. NATIONAL HIGHWAY AUTHORITY OF INDIA,
REP. BY ITS SECRETARY,
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
NEW DELHI-110001.
3. THE ASSISTANT COMMISSIONER AND
COMPETENT AUTHORITY FOR LAND ACQUISITION,
BELAGAVI RING ROAD,
(EASTERN AND WESTERN BY PASS),
BELAGAVI-590001.
...RESPONDENTS
(BY SRI. M.B. KANAVI, CGSC FOR R1;
SRI. SAGAR LADDA, SRI. SAGAR VARMA &
- 12 -
NC: 2025:KHC-D:1245
WP No. 100061 of 2024
C/W WP No. 105937 of 2023
WP No. 106042 of 2023
AND 16 OTHERS
SRI. D.M. MALLI., SRI. PRASHANT MATHAPATI,
ADVOCATES FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI TO QUASH THE IMPUGNED PRELIMINARY
NOTIFICATION DATED 13/09/2022 BEARING NO.SO NO.4280(E)
PUBLISHED/NOTIFIED BY THE 2ND AND 3RD RESPONDENTS VIDE
ANNEXURE-A SO FAR AS IT RELATES TO THE PETITIONERS LANDS
ARE CONCERNED BEARING R SY.NO.37/2, 39/2 AND 39/5 TOTALLY
MEASURING 04 ACRE 21 GUNTAS, 01 ACRE 00 GUNTAS AND 03
ACRE 21 GUNTAS OF WAGHAWADE VILLAGE AND SY.NO.40/1 AND
40/2 TOTALLY MEASURING 08 ACRE 26 GUNTAS, OF ZADSHAPUR
VILLAGE RESPECTIVELY, IN THE INTEREST OF JUSTICE AND EQUITY;
ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE
IMPUGNED FINAL NOTIFICATION DATED 28/06/2023 BEARING NO.S
O NO.2807(E) PUBLISHED/NOTIFIED BY THE 2ND AND 3RD
RESPONDENTS VIDE ANNEXURE-G SO FAR AS IT RELATES TO THE
PETITIONERS LAND ARE CONCERNED BEARING R SY.NO.37/2, 39/2
AND 39/5 TOTALLY MEASURING 04 ACRE 21 GUNTAS, 01 ACRE 00
GUNTAS AND 03 ACRE 21 GUNTAS OF WAGHAWADE VILLAGE AND
SY.NO.40/1 AND 40/2 TOTALLY MEASURING 08 ACRE 26 GUNTAS,
OF ZAD-SHAHAPURVILLAGE RESPECTIVELY, IN THE INTEREST OF
JUSTICE AND EQUITY.
IN W.P.NO. 106234/2023
BETWEEN:
BASAVANTH S/O. SHANKAR MAYANNACHE,
AGE: MAJOR, OCC: AGRICUTLURE,
R/O. KADOLI,
TQ: AND DIST: BELAGAVI-591143.
...PETITIONER
(BY SRI. PRASAD PATIL., ADVOCATE)
AND:
1. THE UNION OF INDIA,
REP. BY ITS SECRETARY,
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
NEW DELHI-110001.
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NC: 2025:KHC-D:1245
WP No. 100061 of 2024
C/W WP No. 105937 of 2023
WP No. 106042 of 2023
AND 16 OTHERS
2. NATIONAL HIGHWAY AUTHORITY OF INDIA,
REP. BY ITS SECRETARY,
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
NEW DELHI-110001.
3. THE ASSISTANT COMMISSIONER AND
COMPETENT AUTHORITY FOR LAND ACQUISITION
BELAGAVI RING ROAD,
(EASTERN AND WESTERN BYPASS),
BELAGAVI-590001.
.....RESPONDENTS
(BY SRI. M.B. KANAVI, CGSC FOR R1;
SRI. SAGAR LADDA, SRI. SAGAR VARMA &
SRI. D.M. MALLI., SRI. PRASHANT MATHAPATI,
ADVOCATES FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE
IMPUGNED PRELIMINARY NOTIFICATION DATED 13/09/2022
BEARING NO. S O NO.4280(E) PUBLISHED/NOTIFIED BY THE 2ND
AND 3RD RESPONDENTS VIDE ANNEXURE-A SO FAR AS IT RELATES
TO THE PETITIONERS LANDS ARE CONCERNED BEARING
SY.NO.108/6 TOTAL MEASURING 04 ACRE 20 GUNTAS OF KADOLI
VILLAGE AND SY.NO.160/3 TOTAL MEASURING 07 ACRE 34 GUNTAS
OF AGASAGE VILLAGE RESPECTIVELY, IN THE INTEREST OF JUSTICE
AND EQUITY;ISSUE A WRIT IN THE NATURE OF CERTIORARI TO
QUASH THE IMPUGNED FINAL NOTIFICATION DATED 28/06/2023
BEARING NO. S O NO.2807 (E) PUBLISHED/NOTIFIED BY THE 2ND
AND 3RD RESPONDENTS VIDE ANNEXURE-F SO FAR AS IT RELATES
TO THE PETITIONERS LAND ARE CONCERNED BEARING SY.NO.108/6
TOTAL MEASURING 04 ACRE 20 GUNTAS OF KADOLI VILLAGE AND
SY.NO.160/3 TOTAL MEASURING 07 ACRE 34 GUNTAS OF AGASAGE
VILLAGE RESPECTIVELY IN THE INTEREST OF JUSTICE AND EQUITY.
- 14 -
NC: 2025:KHC-D:1245
WP No. 100061 of 2024
C/W WP No. 105937 of 2023
WP No. 106042 of 2023
AND 16 OTHERS
IN W.P.NO. 106256/2023
BETWEEN:
SHANKAR MAHADEV PAWASHE,
AGE: 44 YEARS, OCC: AGRICULTURE,
R/O. UCHAGAON VILLAGE,
TQ: AND DIST: BELAGAVI-590001.
...PETITIONER
(BY SRI. NANDISH PATIL &
SRI. RAMACHANDRA V. BHAT, ADVOCATES)
AND:
1. THE UNION OF INDIA,
REP. BY ITS SECRETARY,
MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS TRANSPORT BHAVAN-1,
PARLIAMENT STREET, NEW DELHI-110001.
2. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA,
REP. BY ITS CHAIRMAN,
(AN AUTHORITY CONSTITUTED UNDER THE NATIONAL
HIGHWAYS AUTHORITY OF INDIA ACT, 1988),
G5 AND 6 SECTOR 10, DWARKA, NEW DELHI-110075.
3. THE ASSISTANT COMMISSIONER,
BELAGAVI AND COMPETENT AUTHORITY
FOR LAND ACQUISITION,
RING ROAD, BELAGAVI-590001.
...RESPONDENTS
(BY SRI. M.B. KANAVI, CGSC FOR R1;
SRI. SAGAR LADDA, SRI. SAGAR VARMA &
SRI. D.M. MALLI & SRI. PRASHANT MATHAPATI,
ADVOCATES FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE
NATURE OF CERTIORARI TO QUASH THE IMPUGNED PRELIMINARY
NOTIFICATION DATED 10.10.2022 BRG.NO.LAQ/BRR/SR/01/2022
PUBLISHED IN THE HINDU PAPER DTD.13.10.2022 PASSED BY THE
RESPONDENT NO.3 VIDE ANNEXURE-C, SO FAR IT RELATES TO THE
- 15 -
NC: 2025:KHC-D:1245
WP No. 100061 of 2024
C/W WP No. 105937 of 2023
WP No. 106042 of 2023
AND 16 OTHERS
PETITIONERS CONSTRUCTED RESIDENTIAL OF FARM HOUSE
BRG.NO.GPM 1025/1 OF UCHAGAO VILLAGE, TQ/DIST. BELAGAVI
R.S.NOS.321 MEASURING 07 ACRES 14 GUNTAS, IN THE INTEREST
OF JUSTICE AND EQUITY; ISSUE WRIT IN THE NATURE OF
CERTIORARI TO QUASH THE IMPUGNED FINAL NOTIFICATION
DATED 27.07.2023 BRG.NO.LAQ/BRR/SR-01/2022 PUBLISHED IN
TIMES OF INDIA, HUBLI-DHARWAD-BELAGAVI EDITION DTD.
04.08.2023 PASSED BY THE RESPONDENT NO.3 VIDE ANNEXURE-F,
SO FAR IT RELATES TO THE PETITIONERS CONSTRUCTED
RESIDENTIAL OF FARM HOUSE BRG.NO.GPM 1025/1 OF UCHAGAO
VILLAGE, TQ/DIST.BELAGAVI R.S.NOS.321 MEASURING 07 ACRES
14 GUNTAS, IN THE INTEREST OF JUSTICE AND EQUITY.
IN W.P.NO. 106263/2023
BETWEEN:
1. MOHAN S/O. VITTAL WANI @ DESAI,
AGE: 73 YEARS, OCC: AGRICULTURE,
R/O. WAGAWADE,
TQ. & DIST: BELAGAVI-590001.
2. SURESH S/O. GANAPATI DIVATAGI,
AGE: 55 YEARS, OCC. AGRICULTURE,
R/O. WAGAWADE,
TQ: & DIST: BELAGAVI-590001.
3. PARASURAM S/O. GANAPATI DIVATAGI,
AGE: 36 YEARS, OCC: AGRICULTURE,
R/O. WAGAWADE,
TQ: & DIST: BELAGAVI-590001.
4. BASAVANTH S/O. GANAPATI DIVATAGI,
AGE: 56 YEARS, OCC: AGRICULTURE,
R/O. WAGAWADE,
TQ: & DIST: BELAGAVI-590001.
5. KRISHNA S/O. GANAPATI DIVATAGI,
AGE: 70 YEARS, OCC: AGRICULTURE,
R/O. WAGAWADE,
TQ: & DIST: BELAGAVI-590001.
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NC: 2025:KHC-D:1245
WP No. 100061 of 2024
C/W WP No. 105937 of 2023
WP No. 106042 of 2023
AND 16 OTHERS
6. RAMESH S/O. GANAPATI DIVATAGI,
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O. WAGAWADE,
TQ: & DIST: BELAGAVI-590001.
7. KALLAPPA S/O. MALLAPPA DIVATAGI,
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O. WAGAWADE,
TQ: & DIST: BELAGAVI-590001.
8. RAJU S/O. CHANGAPPA DIVATAGI,
AGE: 47 YEARS, OCC: AGRICULTURE,
R/O. WAGAWADE,
TQ: & DIST: BELAGAVI-590001.
MARUTI CHANGAPPA
BY HIS LR,
9. ROSHAN S/O. MARUTI DIVATAGI,
AGE: 19 YEARS, OCC: AGRICULTURE,
R/O. WAGAWADE,
TQ: & DIST: BELAGAVI-590001.
10. SANJAY S/O. CHANGAPPA DIVATAGI,
AGE: 43 YEARS, OCC: AGRICULTURE,
R/O. WAGAWADE,
TQ: & DIST: BELAGAVI-590001.
11. GANGARAM S/O. CHANGAPPA DIVATAGI,
AGE: 40 YEARS, OCC: AGRICULTURE,
R/O. WAGAWADE,
TQ: & DIST: BELAGAVI-590001.
...PETITIONERS
(BY SRI. NANDISH PATIL &
SRI. RAMACHANDRA V. BHAT, ADVOCATES)
- 17 -
NC: 2025:KHC-D:1245
WP No. 100061 of 2024
C/W WP No. 105937 of 2023
WP No. 106042 of 2023
AND 16 OTHERS
AND:
1. THE UNION OF INDIA,
REP. BY ITS SECRETARY,
MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS TRANSPORT BHAVAN-1,
PARLIAMENT STREET, NEW DELHI-110001.
2. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA,
REP. BY ITS CHAIRMAN,
(AN AUTHORITY CONSTITUTED UNDER THE NATIONAL
HIGHWAYS AUTHORITY OF INDIA ACT, 1988),
G5 AND 6 SECTOR 10, DWARKA, NEW DELHI-110075.
3. THE ASSISTANT COMMISSIONER,
BELAGAVI AND COMPETENT AUTHORITY
FOR LAND ACQUISITION,
RING ROAD, BELAGAVI.
...RESPONDENTS
(BY SRI. M.B. KANAVI, CGSC FOR R1;
SRI. SAGAR LADDA, SRI. SAGAR VARMA &
SRI. D.M. MALLI & SRI. PRASHANT MATHAPATI,
ADVOCATES FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE
NATURE OF CERTIORARI TO QUASH THE IMPUGNED PRELIMINARY
NOTIFICATION DATED 10.10.2022 BRG. NO.LAQ/BRR/SR/01/2022
PUBLISHED IN THE HINDU PAPER DTD. 13.10.2022 PASSED BY THE
RESPONDENT NO.3 VIDE ANNEXURE-C, SO FAR IT RELATES TO THE
PETITIONER NOS.1 IS THE OWNER OF R.S.NO.12/1, 12/2, 12/3,
12/4 OF WAGAWADE VILLAGE, TQ/DIST. BELAGAVI AND ALSO THE
PETITIONER NO.2 TO 6 ARE THE JOINT OWNERS OF SY.NO.74/2 OF
WAGAWADE VILLAGE, TQ/DIST. BELAGAVI IT IS SUBMITTED THAT
THE PETITIONER NO.7 TO 11 ARE THE JOINT OWNERS OF SY.NO.
74/3 OF WAGAWADE VILLAGE, TQ/DIST. BELAGAVI, IN THE
INTEREST OF JUSTICE AND EQUITY; ISSUE WRIT IN THE NATURE OF
CERTIORARI TO QUASH THE IMPUGNED FINAL NOTIFICATION
DATED 27.07.2023 BRG. NO.LAQ/BRR/SR-01/2022 PUBLISHED IN
- 18 -
NC: 2025:KHC-D:1245
WP No. 100061 of 2024
C/W WP No. 105937 of 2023
WP No. 106042 of 2023
AND 16 OTHERS
TIMES OF INDIA, HUBLI-DHARWAD BELAGAVI EDITION DTD.
04.08.2023 PASSED BY THE RESPONDENT NO.3 VIDE ANNEXURE-E,
SO FAR IT RELATES TO THE PETITIONER NOS.1 IS THE OWNER OF
R.S.NO.12/1, 12/2, 12/3, 12/4 OF WAGAWADE VILLAGE, TQ/DIST.
BELAGAVI AND SO ALSO THE PETITIONER NO.2 TO 6 ARE THE JOINT
OWNERS OF SY.NO.74/2 OF WAGAWADE VILLAGE, TQ/DIST.
BELAGAVI IT IS SUBMITTED THAT THE PETITIONER NO.7 TO 11 ARE
THE JOINT OWNERS OF SY.NO.74/3 OF WAGAWADE VILLAGE,
TQ/DIST. BELAGAVI, IN THE INTEREST OF JUSTICE AND EQUITY.
IN W.P.NO. 106270/2023
BETWEEN:
1. ASHOK N TORALKAR
S/O. NINGAPPA TORALKAR,
AGE: 50 YEARS, OCC: AGRICULTURE,
2. PARASHURAM MALLU PATIL,
S/O. MALLU PATIL,
AGE: 48 YEARS, OCC: AGRICULTURE,
3. MARUTI LAXMAN TORALKAR
S/O. LAXMAN TORALKAR,
AGE: 52 YEARS, OCC: AGRICULTURE,
4. RAVI APPAJI PATIL
S/O. APPAJI PATIL,
AGE: 52 YEARS, OCC: AGRICULTURE,
5. SHIVAJI BALU PATIL
S/O. BALU PATIL,
AGE: 52 YEARS, OCC: AGRICULTURE,
6. MANOHAR MALLU PATIL
S/O. MALLU PATIL,
AGE: 50 YEARS, OCC: AGRICULTURE,
7. NAGOJI SEEMANI TORALKAR
S/O. SEEMANI TORALKAR,
AGE: 65 YEARS, OCC: AGRICULTURE,
- 19 -
NC: 2025:KHC-D:1245
WP No. 100061 of 2024
C/W WP No. 105937 of 2023
WP No. 106042 of 2023
AND 16 OTHERS
8. MARUTI VITHOBA PATIL
S/O. SEEMANI TORALKAR,
AGE: 65 YEARS, OCC: AGRICULTURE,
9. KALLAPPA LAXMAN TORALKAR
S/O. LAXMAN TORALKAR,
AGE: 54 YEARS, OCC: AGRICULTURE,
10. DHASHARATH GURVAPPA PATIL
S/O. GURVAPPA PATIL,
AGE: 68 YEARS, OCC: AGRICULTURE,
11. SHIVAJI NINGAPPA TORALKAR
S/O. NINGAPPA TORALKAR,
AGE: 68 YEARS, OCC: AGRICULTURE,
12. VENKATESH NAGOJI TORALKAR
S/O. NAGOJI TORALKAR,
AGE: 75 YEARS, OCC: AGRICULTURE,
ALL ARE RESIDENTS OF
NAVAGE VILLAGE,
TQ & DIST: BELAGAVI-590 001.
13. JOMAGAVADA MARUTI PATIL
S/O. MARUTI PATIL,
AGE: 73 YEARS, OCC: AGRICULTURE,
14. SHAMRAO SEETARAM PATIL
S/O. SEETARAM PATIL,
AGE: 68 YEARS, OCC: AGRICULTURE,
15. BHARAMANA VITHOBHA PATIL
S/O. VITHOBHA PATIL,
AGE: 74 YEARS, OCC: AGRICULTURE,
16. RAVAJI APPAJI PATIL
S/O. APPAJI PATIL,
AGE: 63 YEARS, OCC: AGRICULTURE,
- 20 -
NC: 2025:KHC-D:1245
WP No. 100061 of 2024
C/W WP No. 105937 of 2023
WP No. 106042 of 2023
AND 16 OTHERS
17. KRISHNA TUJARAM PATIL
S/O. TUJARAM PATIL,
AGE: 73 YEARS, OCC: AGRICULTURE,
18. SHANKAR BALU PATIL
S/O. BALU PATIL,
AGE: 61 YEARS, OCC: AGRICULTURE,
19. BABU RAGHOBA PATIL
S/O. RAGHOBA PATIL,
AGE: 62 YEARS, OCC: AGRICULTURE,
20. HANUMANT APPAJI PATIL
S/O. APPAJI PATIL,
AGE: 51 YEARS, OCC: AGRICULTURE,
21. PANDURANG RAGHOBA PATIL
S/O. RAGHOBA PATIL,
AGE: 59 YEARS, OCC: AGRICULTURE,
22. VAIJU GHOKAPPA PATIL
S/O. GHOKAPPA PATIL,
AGE: 79 YEARS, OCC: AGRICULTURE,
23. SRIMANTH GURAVAPPA PATIL
S/O. GURAVAPPA PATIL,
AGE: 74 YEARS, OCC: AGRICULTURE,
24. MALLAPPA VITHOBA PATIL
S/O. VITHOBA PATIL,
AGE: 78 YEARS, OCC: AGRICULTURE,
25. NARAYAN RAGHOBA PATIL
S/O. RAGHOBA PATIL,
AGE: 53 YEARS, OCC: AGRICULTURE,
ALL ARE RESIDENTS OF
BAHADARWADI VILLAGE,
- 21 -
NC: 2025:KHC-D:1245
WP No. 100061 of 2024
C/W WP No. 105937 of 2023
WP No. 106042 of 2023
AND 16 OTHERS
TQ: DIST: BELAGAVI-590001.
...PETITIONERS
(BY SRI. NANDISH PATIL &
SRI. RAMACHANDRA V. BHAT, ADVOCATES)
AND:
1. THE UNION OF INDIA,
REP. BY ITS SECRETARY,
MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS TRANSPORT BHAVAN-1,
PARLIAMENT STREET, NEW DELHI-110001.
2. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA,
REP. BY ITS CHAIRMAN,
(AN AUTHORITY CONSTITUTED UNDER THE NATIONAL
HIGHWAYS AUTHORITY OF INDIA ACT, 1988),
G5 AND 6 SECTOR 10, DWARKA, NEW DELHI-110075.
3. THE ASSISTANT COMMISSIONER,
BELAGAVI AND COMPETENT AUTHORITY
FOR LAND ACQUISITION,
RING ROAD, BELAGAVI-590001.
...RESPONDENTS
(BY SRI. M.B. KANAVI, CGSC FOR R1;
SRI. SAGAR LADDA, SRI. SAGAR VARMA &
SRI. D.M. MALLI & SRI. PRASHANT MATHAPATI,
ADVOCATES FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE
NATURE OF CERTIORARI TO QUASH THE IMPUGNED PRELIMINARY
NOTIFICATION DATED 10.10.2022 BRG.NO.LAQ/BRR/SR/01/2022
PUBLISHED IN THE HINDU PAPER DTD. 13.10.2022 PASSED BY THE
RESPONDENT NO.3 VIDE ANNEXURE-C, SO FAR IT RELATES TO THE
LAND OF THE PETITIONERS NO.1 TO 12 BEARING R.S.NO.106,
R.S.NO.114/1, R.S.NO.114/5, R.S.NO.114/6, R.S.NO.114/7, R.S.NO.
114/8, R.S.NO.109 OF NAVAGE VILLAGE, TQ AND DIST. BELAGAVI
AND LANDS OF PETITIONERS NO.13 TO 25 BEARING R.S.NO.64 AND
- 22 -
NC: 2025:KHC-D:1245
WP No. 100061 of 2024
C/W WP No. 105937 of 2023
WP No. 106042 of 2023
AND 16 OTHERS
65/A OF BAHADARWADI VILLAGE, TQ AND DIST BELAGAVI, IN THE
INTEREST OF JUSTICE AND EQUITY;ISSUE WRIT IN THE NATURE OF
CERTIORARI TO QUASH THE IMPUGNED FINAL NOTIFICATION
DATED 27.07.2023 BRG.NO.LAQ/BRR/SR-01/2022 PUBLISHED IN
TIMES OF INDIA, HUBLI-DHARWAD-BELAGAVI EDITION DTD.
04.08.2023 PASSED BY THE RESPONDENT NO.3 VIDE ANNEXURE-E,
SO FAR IT RELATES TO THE LAND OF THE PETITIONERS NO.1 TO 12
BEARING R.S.NO.106, R.S.NO.114/1, R.S.NO.114/5, R.S.NO.114/6,
R.S.NO.114/7, R.S.NO.114/8, R.S.NO.109 OF NAVAGE VILLAGE, TQ
AND DIST BELAGAVI AND LANDS OF PETITIONERS NO.13 TO 25
BEARING R.S.NO.64 AND 65/A OF BAHADARWADI VILLAGE, TQ AND
DIST BELAGAVI, IN THE INTEREST OF JUSTICE AND EQUITY.
IN W.P.NO. 106574/2023
BETWEEN:
GANGARAM S/O. BHIMA RANGAI,
AGE: 69 YEARS, OCC: AGRICULTURE,
R/O. KURABAR GALLI,
KAKATI VILLAGE,
TQ: AND DIST: BELAGAVI-591113.
...PETITIONER
(BY SRI. PRASAD PATIL, ADVOCATE)
AND:
1. THE UNION OF INDIA,
REP. BY ITS SECRETARY,
MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS TRANSPORT BHAVAN-1,
PARLIAMENT STREET, NEW DELHI-110001.
2. NATIONAL HIGHWAY AUTHORITY OF INDIA,
REP. BY ITS SECRETARY,
MINISTRY OF ROAD TRANSPORT & HIGHWAYS,
NEW DELHI-110001.
3. THE ASSISTANT COMMISSIONER
& COMPETENT AUTHORITY FOR LAND ACQUISITION,
BELAGAVI RING ROAD,
(EASTERN AND WESTERN BYPASS)
BELAGAVI-590001.
- 23 -
NC: 2025:KHC-D:1245
WP No. 100061 of 2024
C/W WP No. 105937 of 2023
WP No. 106042 of 2023
AND 16 OTHERS
...RESPONDENTS
(BY SRI. M.B. KANAVI, CGSC FOR R1;
SRI. SAGAR LADDA, SRI. SAGAR VARMA &
SRI. D.M. MALLI & SRI. PRASHANT MATHAPATI,
ADVOCATES FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI TO QUASH THE IMPUGNED PRELIMINARY
NOTIFICATION DATED 13/09/2022 BEARING NO.S O NO.4280 (E)
PUBLISHED/NOTIFIED BY THE 2ND AND 3RD RESPONDENTS VIDE
ANNEXURE-A SO FAR AS IT RELATES TO THE PETITIONER
AGRICULTURAL LANDS ARE CONCERNED BEARING SY.NO.94/7
TOTAL MEASURING 02 ACRE 00 GUNTAS OF KAKATI VILLAGE, IN
THE INTEREST OF JUSTICE AND EQUITY;
ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE
IMPUGNED FINAL NOTIFICATION DATED 24/08/2023 BEARING NO. S
O NO.3795(E) PUBLISHED/NOTIFIED BY THE 2ND AND 3RD
RESPONDENTS VIDE ANNEXURE-E SO FAR AS IT RELATES TO THE
PETITIONERS LAND ARE CONCERNED BEARING SY.NO.94/7 TOTAL
MEASURING 02 ACRE 00 GUNTAS OF KAKATI VILLAGE IN THE
INTEREST OF JUSTICE AND EQUITY.
IN W.P.NO. 108035/2023
BETWEEN:
1. SHIVAJI S/O. VASUDEV KUTRE,
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O.#587, PETH GALLI,
KADOLI VILLAGE,
TQ: AND DIST: BELAGAVI-591113.
2. GOPAL S/O. SUBRAO KUTRE,
AGE: 72 YEARS, OCC: AGRICULTURE,
R/O. #649/B, SAWAKAR GALLI,
KADOLI VILLAGE,
TQ: AND DIST: BELAGAVI-591113.
...PETITIONERS
(BY SRI. PRASAD PATIL, ADVOCATE)
- 24 -
NC: 2025:KHC-D:1245
WP No. 100061 of 2024
C/W WP No. 105937 of 2023
WP No. 106042 of 2023
AND 16 OTHERS
AND:
1. THE UNION OF INDIA,
REP. BY ITS SECRETARY,
MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS, NEW DELHI-110001.
2. NATIONAL HIGHWAY AUTHORITY OF INDIA,
REP. BY ITS SECRETARY,
MINISTRY OF ROAD TRANSPORT & HIGHWAYS,
NEW DELHI-110001.
3. THE ASSISTANT COMMISSIONER
& COMPETENT AUTHORITY FOR LAND ACQUISITION,
BELAGAVI RING ROAD,
(EASTERN AND WESTERN BYPASS)
BELAGAVI-590001.
...RESPONDENTS
(BY SRI. M.B. KANAVI, CGSC FOR R1;
SRI. SAGAR LADDA, SRI. SAGAR VARMA &
SRI. D.M. MALLI & SRI. PRASHANT MATHAPATI,
ADVOCATES FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE
IMPUGNED PRELIMINARY NOTIFICATION DATED 13/09/2022
BEARING NO.S.O.NO.4280 (E) PUBLISHED/NOTIFIED BY THE 2ND
AND 3RD RESPONDENTS VIDE ANNEXURE-A SO FAR AS IT RELATES
TO THE PETITIONER NO.1 AGRICULTURAL LANDS ARE CONCERNED
BEARING SY.NO.570/1 TOTAL MEASURING 13 ACRES 19 GUNTAS
OUT OF 01 ACRE 20 GUNTAS OF KADOLI VILLAGE AND
SY.NO.571/2/2 TOTAL MEASURING 01 ACRE 30 GUNTAS OF KADOLI
VILLAGE, AND THE PETITIONER NO.2ND AGRICULTURAL LANDS
BEARING SY.NO.570/2/3 TOTAL MEASURING 02 ACRES 17 GUNTAS
OF KADOLI VILLAGE AND SY.NO.571/3 TOTAL MEASURING 05 ACRE
11 GUNTAS OF KADOLI VILLAGE, IN THE INTEREST OF JUSTICE AND
EQUITY; ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH
THE IMPUGNED FINAL NOTIFICATION DATED 28/06/2023 BEARING
NO.S.O.NO.2807(E) PUBLISHED/NOTIFIED BY THE 2ND AND 3RD
RESPONDENTS VIDE ANNEXURE-E SO FAR AS IT RELATES TO THE
PETITIONER NO.1 AGRICULTURAL LANDS ARE CONCERNED BEARING
SY.NO.570/1 TOTAL MEASURING 13 ACRES 19 GUNTAS OUT OF 01
- 25 -
NC: 2025:KHC-D:1245
WP No. 100061 of 2024
C/W WP No. 105937 of 2023
WP No. 106042 of 2023
AND 16 OTHERS
ACRE 20 GUNTAS OF KADOLI VILLAGE AND SY.NO.571/2/2 TOTAL
MEASURING 01 ACRE 30 GUNTAS OF KADOLI VILLAGE, AND THE
PETITIONER NO.2ND AGRICULTURAL LANDS BEARING SY.NO.570/2/3
TOTAL MEASURING 02 ACRES 17 GUNTAS OF KADOLI VILLAGE AND
SY.NO.571/3 TOTAL MEASURING 05 ACRE 11 GUNTAS OF KADOLI
VILLAGE IN THE INTEREST OF JUSTICE AND EQUITY.
IN W.P.NO. 100643/2024
BETWEEN:
1. APPASAHEB S/O. GOPALRAO PATIL,
AGE: 95 YEARS, OCC: AGRICULTURE,
R/O. CHAWADI GALLI,
MUTAGA VILLAGE,
TQ: & DIST: BELAGAVI-591124.
2. NARAYAN S/O. GOVIND ASHTEKAR,
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O. #131, DEEPJYOTI, 2ND MAIN,
7TH CROSS, SADASHIV NAGAR,
TQ: & DIST: BELAGAVI-590001.
3. REETESH S/O. SIDRAI ASHTEKAR,
AGE: 30 YEARS, OCC: AGRICULTURE,
R/O. #73, SAMBAJI CHOWK,
MUTAGA VILLAGE, TQ: & DIST: BELAGAVI-591124.
4. JYOTIBA S/O. BHAVAKANNA ASHTEKAR,
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O. #487, MAIN ROAD,
MUTAGA VILLAGE,
TQ: & DIST: BELAGAVI-591124.
5. BABU S/O. LAXMAN KEDAR,
AGE: 63 YEARS, OCC: AGRICULTURE,
R/O. MARUTI GALLI,
MUTAGA VILLAGE,
TQ: & DIST: BELAGAVI-591124.
...PETITIONERS
- 26 -
NC: 2025:KHC-D:1245
WP No. 100061 of 2024
C/W WP No. 105937 of 2023
WP No. 106042 of 2023
AND 16 OTHERS
(BY SRI. PRASAD PATIL, ADVOCATE)
AND:
1. THE UNION OF INDIA,
REP. BY ITS SECRETARY,
MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS, NEW DELHI-110001.
2. NATIONAL HIGHWAY AUTHORITY OF INDIA,
REP. BY ITS SECRETARY,
MINISTRY OF ROAD TRANSPORT & HIGHWAYS,
NEW DELHI-110001.
3. THE ASSISTANT COMMISSIONER
& COMPETENT AUTHORITY FOR LAND ACQUISITION,
BELAGAVI RING ROAD,
(EASTERN AND WESTERN BYPASS)
BELAGAVI-590001.
...RESPONDENTS
(BY SRI. M.B. KANAVI, CGSC FOR R1;
SRI. SAGAR LADDA, SRI. SAGAR VARMA &
SRI. D.M. MALLI & SRI. PRASHANT MATHAPATI,
ADVOCATES FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI TO QUASH THE IMPUGNED PRELIMINARY
NOTIFICATION DATED 13/09/2022 BEARING NO S O NO.4280 (E)
PUBLISHED/NOTIFIED BY THE 2ND AND 3RD RESPONDENTS VIDE
ANNEXURE-A SO FAR AS IT RELATES TO THE PETITIONERS
AGRICULTURAL LANDS BEARING SY. NO.127/3 TOTAL MEASURING
03 ACRES 27 GUNTAS OF MUTAGA VILLAGE AND SY. NO.154/1
TOTAL MEASURING 01 ACRES 15 GUNTAS AND SY. NO.156 TOTAL
MEASURING 03 ACRES 02 GUNTAS OF MUTAGA VILLAGE. AND SY.
NO.155/* TOTAL MEASURING 01 ACRES 16 GUNTAS AND SY. NO.
200/4 TOTAL MEASURING 02 ACRES 01 GUNTAS AND SY. NO.203/3
TOTAL MEASURING 01 ACRES 11 GUNTAS OF MUTAGA VILLAGE AND
SY. NO.200/3 TOTAL MEASURING 02 ACRES 00 GUNTAS OF MUTAGA
VILLAGE AND SY. NO.31/3A TOTAL MEASURING 02 ACRES 34
GUNTAS AND SY. NO.29/7A TOTAL MEASURING 00 ACRES 32
- 27 -
NC: 2025:KHC-D:1245
WP No. 100061 of 2024
C/W WP No. 105937 of 2023
WP No. 106042 of 2023
AND 16 OTHERS
GUNTAS OF SHINDOLI VILLAGE RESPECTIVELY IN THE INTEREST OF
JUSTICE AND EQUITY AND ETC.
IN W.P.NO. 100675/2024
BETWEEN:
1. MARUTI S/O. CHANGAPPA JADHAV,
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O. KADOLI VILLAGE,
TQ: & DIST: BELAGAVI-591113.
2. DATTU S/O. CHANGAPPA JADHAV,
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O. KADOLI VILLAGE,
TQ: & DIST: BELAGAVI-591113.
3. BALU S/O. BAIRU BAYANAYAK,
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O. KADOLI VILLAGE,
TQ: & DIST: BELAGAVI-591113.
4. PARASHRAM S/O. APPAYYA PATIL,
AGE: 39 YEARS, OCC: AGRICULTURE,
R/O. KADOLI VILLAGE,
TQ: & DIST: BELAGAVI-591113.
...PETITIONERS
(BY SRI. PRASAD PATIL, ADVOCATE)
AND:
1. THE UNION OF INDIA,
REP. BY ITS SECRETARY,
MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS, NEW DELHI-110001.
2. NATIONAL HIGHWAY AUTHORITY OF INDIA,
REP. BY ITS SECRETARY,
MINISTRY OF ROAD TRANSPORT & HIGHWAYS,
NEW DELHI-110001.
- 28 -
NC: 2025:KHC-D:1245
WP No. 100061 of 2024
C/W WP No. 105937 of 2023
WP No. 106042 of 2023
AND 16 OTHERS
3. THE ASSISTANT COMMISSIONER
& COMPETENT AUTHORITY FOR LAND ACQUISITION,
BELAGAVI RING ROAD,
(EASTERN AND WESTERN BYPASS)
BELAGAVI-590001.
...RESPONDENTS
(BY SRI. M.B. KANAVI, CGSC FOR R1;
SRI. SAGAR LADDA, SRI. SAGAR VARMA &
SRI. D.M. MALLI & SRI. PRASHANT MATHAPATI,
ADVOCATES FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE
IMPUGNED PRELIMINARY NOTIFICATION DATED 13/09/2022
BEARING NO. S O NO.4280 (E) PUBLISHED/NOTIFIED BY THE 2ND
AND 3RD RESPONDENTS VIDE ANNEXURE-A SO FAR AS IT RELATES
TO THE PETITIONER'S AGRICULTURAL LANDS ARE CONCERNED
BEARING SY.NO.548/2 TOTAL MEASURING 06 ACRES 09 GUNTAS OF
KADOLI VILLAGE AND SY.NO.549/2 TOTAL MEASURING 17 ACRE 28
GUNTAS OF KADOLI VILLAGE. AND SY.NO.588/6 TOTAL MEASURING
00 ACRES 21 GUNTAS OF KADOLI VILLAGE AND SY.NO.592 TOTAL
MEASURING 02 ACRES 06 GUNTAS OF KADOLI VILLAGE, AND
SY.NO.593/2 TOTAL MEASURING 00 ACRES 19 GUNTAS OF KADOLI
VILLAGE, AND SY.NO.32/20 TOTAL MEASURING 00 ACRES 21
GUNTAS OF KADOLI VILLAGE AND SY.NO.21/1 TOTAL MEASURING
07 ACRES 39 GUNTAS OF KADOLI VILLAGE, RESPECTIVELY, IN THE
INTEREST OF JUSTICE AND EQUITY; ISSUE A WRIT IN THE NATURE
OF CERTIORARI TO QUASH THE IMPUGNED FINAL NOTIFICATION
DATED 28/06/2023 BEARING NO. S O NO.2807 (E)
PUBLISHED/NOTIFIED BY THE 2ND AND 3RD RESPONDENTS VIDE
ANNEXURE-E SO FAR AS IT RELATES TO THE PETITIONERS
AGRICULTURAL LANDS ARE CONCERNED BEARING SY.NO.548/2
TOTAL MEASURING 06 ACRES 09 GUNTAS OF KADOLI VILLAGE AND
SY.NO.549/2 TOTAL MEASURING 17 ACRE 28 GUNTAS OF KADOLI
VILLAGE AND SY.NO.588/6 TOTAL MEASURING 00 ACRES 21
GUNTAS OF KADOLI VILLAGE AND SY.NO.592 TOTAL MEASURING 02
ACRES 06 GUNTAS OF KADOLI VILLAGE, AND SY.NO.593/2 TOTAL
MEASURING 00 ACRES 19 GUNTAS OF KADOLI VILLAGE AND
SY.NO.32/20 TOTAL MEASURING 00 ACRES 21 GUNTAS OF KADOLI
VILLAGE AND SY.NO.21/1 TOTAL MEASURING 07 ACRES 39 GUNTAS
OF KADOLI VILLAGE RESPECTIVELY, IN THE INTEREST OF JUSTICE
AND EQUITY.
- 29 -
NC: 2025:KHC-D:1245
WP No. 100061 of 2024
C/W WP No. 105937 of 2023
WP No. 106042 of 2023
AND 16 OTHERS
IN W.P.NO. 100747/2024
BETWEEN:
1. LAXMAN S/O. KEDARI GUNJIKAR,
AGE: 66 YEARS, OCC: AGRICULTURE,
R/O. #58/1, LAXMI GALLI,
BACHI VILLAGE,
TQ: AND DIST: BELAGAVI-591128.
2. KHACHO S/O. DEVAPPA GUNJIKAR,
AGE: 62 YEARS, OCC: AGRICULTURE,
R/O. LAXMI GALLI, BACHI VILLAGE,
TQ: AND DIST: BELAGAVI-591128.
3. SHRIKANT S/O. YALLAPPA GUNJIKAR,
AGE: 58 YEARS, OCC: AGRICULTURE,
R/O. #61, LAXMI GALLI, BACHI VILLAGE,
TQ: AND DIST: BELAGAVI-591128.
4. SHIVAJI S/O. YALLAPPA MARUCHE,
AGE: 39 YEARS, OCC: AGRICULTURE,
R/O. KALLEHOL VILLAGE,
TQ: AND DIST: BELAGAVI-591128.
...PETITIONERS
(BY SRI. PRASAD PATIL, ADVOCATE)
AND:
1. THE UNION OF INDIA,
REP. BY ITS SECRETARY,
MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS, NEW DELHI-110001.
2. NATIONAL HIGHWAY AUTHORITY OF INDIA,
REP. BY ITS SECRETARY,
MINISTRY OF ROAD TRANSPORT & HIGHWAYS,
NEW DELHI-110001.
3. THE ASSISTANT COMMISSIONER
& COMPETENT AUTHORITY FOR LAND ACQUISITION,
BELAGAVI RING ROAD,
(EASTERN AND WESTERN BYPASS)
- 30 -
NC: 2025:KHC-D:1245
WP No. 100061 of 2024
C/W WP No. 105937 of 2023
WP No. 106042 of 2023
AND 16 OTHERS
BELAGAVI-590001.
...RESPONDENTS
(BY SRI. M.B. KANAVI, CGSC FOR R1;
SRI. SAGAR LADDA, SRI. SAGAR VARMA &
SRI. D.M. MALLI & SRI. PRASHANT MATHAPATI,
ADVOCATES FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI TO QUASH THE IMPUGNED PRELIMINARY
NOTIFICATION DATED 13/09/2022 BEARING NO.S O NO.4280 (E)
PUBLISHED/NOTIFIED BY THE 2ND AND 3RD RESPONDENTS VIDE
ANNEXURE-A SO FAR AS IT RELATES TO THE PETITIONER'S
AGRICULTURAL LANDS ARE CONCERNED BEARING SY.NO.29/1
TOTAL MEASURING 01 ACRES 00 GUNTAS OF BACHI VILLAGE. AND
SY.NO.9/20 TOTAL MEASURING 00 ACRES 09 GUNTAS AND
SY.NO.9/18 TOTAL MEASURING 00 ACRE 11 GUNTAS AND
SY.NO.9/15 TOTAL MEASURING 00 ACRE 04 GUNTAS AND SY.NO.9/5
TOTAL MEASURING 00 ACRE 23 GUNTAS, AND SY.NO.9/2 TOTAL
MEASURING 00 ACRE 12 GUNTAS AND SY.NO.30 TOTAL MEASURING
15 ACRE 13 GUNTAS OF BACHI VILLAGE. AND SY.NO.28/1 TOTAL
MEASURING 00 ACRES 08 GUNTAS OF BACHI VILLAGE AND
SY.NO.18/A2 TOTAL MEASURING 00 ACRES 20 GUNTAS AND
SY.NO.18/A4 TOTAL MEASURING 06 ACRES 30 GUNTAS OF BACHI
VILLAGE RESPECTIVELY, IN THE INTEREST OF JUSTICE AND EQUITY.
IN W.P.NO. 101014/2024
BETWEEN:
PRAKASH S/O. MALLAPPA PARAMOJI,
AGE: 73 YEARS, OCC: AGRICULTURE,
R/O. #209, SHIVAJI GALLI,
MUTAGA VILLAGE,
TQ: AND DIST: BELAGAVI-591124.
...PETITIONER
(BY SRI. PRASAD PATIL, ADVOCATE)
AND:
1. THE UNION OF INDIA,
REP. BY ITS SECRETARY,
MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS, NEW DELHI-110001.
- 31 -
NC: 2025:KHC-D:1245
WP No. 100061 of 2024
C/W WP No. 105937 of 2023
WP No. 106042 of 2023
AND 16 OTHERS
2. NATIONAL HIGHWAY AUTHORITY OF INDIA,
REP. BY ITS SECRETARY,
MINISTRY OF ROAD TRANSPORT & HIGHWAYS,
NEW DELHI-110001.
3. THE ASSISTANT COMMISSIONER
& COMPETENT AUTHORITY FOR LAND ACQUISITION,
BELAGAVI RING ROAD,
(EASTERN AND WESTERN BYPASS)
BELAGAVI-590001.
...RESPONDENTS
(BY SRI. M.B. KANAVI, CGSC FOR R1;
SRI. SAGAR LADDA, SRI. SAGAR VARMA &
SRI. D.M. MALLI & SRI. PRASHANT MATHAPATI,
ADVOCATES FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI TO QUASH THE IMPUGNED PRELIMINARY
NOTIFICATION DATED 13/09/2022 BEARING NO.S O NO.4280 (E)
PUBLISHED/NOTIFIED BY THE 2ND AND 3RD RESPONDENTS VIDE
ANNEXURE-A SO FAR AS IT RELATES TO THE PETITIONERS
AGRICULTURAL LANDS ARE CONCERNED BEARING SY.NO.214/*
TOTAL MEASURING 00 ACRES 04 GUNTAS, SY. NO.215/* TOTAL
MEASURING 00 ACRES 03 GUNTAS AND SY.NO.216/* TOTAL
MEASURING 00 ACRES 08 GUNTAS OF MUTAGA VILLAGE
RESPECTIVELY, IN THE INTEREST OF JUSTICE AND EQUITY;
ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE
IMPUGNED FINAL NOTIFICATION DATED 24/08/2023 BEARING NO.S
O NO.3795(E) PUBLISHED/NOTIFIED BY THE 2ND AND 3RD
RESPONDENTS VIDE ANNEXURE-E SO FAR AS IT RELATES TO THE
PETITIONERS AGRICULTURAL LANDS ARE CONCERNED BEARING
SY.NO.241/* TOTAL MEASURING 00 ACRES 04 GUNTAS, SY. NO.
214/* TOTAL MEASURING 00 ACRES 03 GUNTAS AND SY.NO.216/*
TOTAL MEASURING 00 ACRES 08 GUNTAS OF MUTAGA VILLGE
RESPECTIVELY, IN THE INTEREST OF JUSTICE AND EQUITY.
IN W.P.NO. 103240/2024
BETWEEN:
1. LAXMAN S/O. BABU CHOUGULE,
AGE: 64 YEARS, OCC: AGRICULTURE,
- 32 -
NC: 2025:KHC-D:1245
WP No. 100061 of 2024
C/W WP No. 105937 of 2023
WP No. 106042 of 2023
AND 16 OTHERS
R/O. #39/A, LAXMI GALLI,
MANNUR VILLAGE,
TQ: AND DIST: BELAGAVI-591128.
2. SAMBHAJI S/O. LAXMAN CHOUGULE,
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O. #415, KALMESHWAR GALLI,
MANNUR VILLAGE,
TQ: AND DIST: BELAGAVI-591128.
3. VILAS S/O. OMANNA SAMBREKAR,
AGE: 62 YEARS, OCC: AGRICULTURE,
R/O. #265, RAM NAGAR, MANNUR VILLAGE,
TQ: AND DIST: BELAGAVI-591128.
...PETITIONERS
(BY SRI. PRASAD PATIL, ADVOCATE)
AND:
1. THE UNION OF INDIA,
REP. BY ITS SECRETARY,
MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS, NEW DELHI-110001.
2. NATIONAL HIGHWAY AUTHORITY OF INDIA,
REP. BY ITS SECRETARY,
MINISTRY OF ROAD TRANSPORT & HIGHWAYS,
NEW DELHI-110001.
3. THE ASSISTANT COMMISSIONER
& COMPETENT AUTHORITY FOR LAND ACQUISITION,
BELAGAVI RING ROAD,
(EASTERN AND WESTERN BYPASS)
BELAGAVI-590001.
...RESPONDENTS
(BY SRI. M.B. KANAVI, CGSC FOR R1;
SRI. SAGAR LADDA, SRI. SAGAR VARMA &
SRI. D.M. MALLI & SRI. PRASHANT MATHAPATI,
ADVOCATES FOR R2 & R3)
- 33 -
NC: 2025:KHC-D:1245
WP No. 100061 of 2024
C/W WP No. 105937 of 2023
WP No. 106042 of 2023
AND 16 OTHERS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE
IMPUGNED PRELIMINARY NOTIFICATION DATED 13/09/2022
BEARING NO.S O NO.4280 (E) PUBLISHED/NOTIFIED BY THE 2ND
AND 3RD RESPONDENTS VIDE ANNEXURE-A SO FAR AS IT RELATES
TO THE PETITIONERS AGRICULTURAL LANDS ARE CONCERNED
BEARING SY.NO.159/2 TOTAL MEASURING 18 ACRES 30 GUNTAS OF
MANNUR VILLAGE AND SY.NO.164 TOTAL MEASURING 17 ACRES 11
GUNTAS OF MANNUR VILLAGE, AND SY.NO.163/5 TOTAL
MEASURING 00 ACRES 21 GUNTAS AND SY.NO.163/6 TOTAL
MEASURING 00 ACRE 22 GUNTAS OF MANNUR VILLAGE, TAL AND
DIST.BELAGAVI RESPECTIVELY. IN THE INTEREST OF JUSTICE AND
EQUITY.
IN W.P.NO. 106494/2024
BETWEEN:
1. SIDRAI S/O. YALLAPPA PATIL,
AGE: 75 YEARS, OCC: AGRICULTURE,
R/O. #56/D, LAXMI GALLI,
MUCHANDI VILLAGE,
TQ: AND DIST: BELAGAVI-590016.
2. KALLAPPA S/O. BALAPPA HUVANI,
AGE: 77 YEARS, OCC: AGRICULTURE,
MUCHANDI VILLAGE,
TQ: AND DIST: BELAGAVI-590016.
3. VIRUPAXI S/O. SHANKAR VANNUR,
AGE: 64 YEARS, OCC: AGRICULTURE,
R/O. #80, LAXMI GALLI,
MUCHANDI VILLAGE,
TQ: AND DIST: BELAGAVI-590016.
4. SIDRAI S/O. SHANKAR DEMANNAVAR @ DEMANE,
AGE: 51 YEARS, OCC: AGRICULTURE,
R/O. #335/B, SAMBHAJI GALLI,
MUCHANDI VILLAGE,
TQ: AND DIST: BELAGAVI-590016.
- 34 -
NC: 2025:KHC-D:1245
WP No. 100061 of 2024
C/W WP No. 105937 of 2023
WP No. 106042 of 2023
AND 16 OTHERS
5. MARUTI S/O. IRAPPA KUNDEKAR,
AGE: 58 YEARS, OCC: AGRICULTURE,
R/O. LAXMI GALLI, MUCHANDI VILLAGE,
TQ: AND DIST: BELAGAVI-590016.
...PETITIONERS
(BY SRI. PRASAD PATIL, ADVOCATE)
AND:
1. THE UNION OF INDIA,
REP. BY ITS SECRETARY,
MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS, NEW DELHI-110001.
2. NATIONAL HIGHWAY AUTHORITY OF INDIA,
REP. BY ITS SECRETARY,
MINISTRY OF ROAD TRANSPORT & HIGHWAYS,
NEW DELHI-110001.
3. THE ASSISTANT COMMISSIONER
& COMPETENT AUTHORITY FOR LAND ACQUISITION,
BELAGAVI RING ROAD,
(EASTERN AND WESTERN BYPASS)
BELAGAVI-590001.
...RESPONDENTS
(BY SRI. M.B. KANAVI, CGSC FOR R1;
SRI. SAGAR LADDA, SRI. SAGAR VARMA &
SRI. D.M. MALLI & SRI. PRASHANT MATHAPATI,
ADVOCATES FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE
IMPUGNED PRELIMINARY NOTIFICATION DATED 13/09/2022
BEARING NO. SO NO.4280 (E) PUBLISHED/NOTIFIED BY THE 2ND
AND 3RD RESPONDENTS VIDE ANNEXURE-A SO FAR AS IT RELATES
TO THE PETITIONERS AGRICULTURAL LANDS ARE CONCERNED
BEARING SY. NO.80/6 TOTAL MEASURING 02 ACRES 10 GUNTAS OF
MUCHANDI VILLAGE. AND SY. NO.309/2 TOTAL MEASURING 01
ACRES 05 GUNTAS AND SY. NO.309/4 TOTAL MEASURING 00 ACRES
- 35 -
NC: 2025:KHC-D:1245
WP No. 100061 of 2024
C/W WP No. 105937 of 2023
WP No. 106042 of 2023
AND 16 OTHERS
30 GUNTAS OF MUCHANDI VILLAGE. AND SY. NO.268/2 TOTAL
MEASURING 00 ACRES 16 GUNTAS OF MUCHANDI VILLAGE. AND SY.
NO.295/1 TOTAL MEASURING 00 ACRES 20 GUNTAS OF MUCHANDI
VILLAGE AND SY. NO.39/6A AND 6B TOTAL MEASURING 00 ACRES
30 GUNTAS OF MUCHANDI VILLAGE RESPECTIVELY, IN THE
INTEREST OF JUSTICE AND EQUITY.
IN W.P.NO. 106523/2024
BETWEEN:
1. SURESH S/O. BHARMAJI SOMANACHE,
AGE: 61 YEARS, OCC: AGRICULTURE,
R/O. #146, ZERE GALLI, ANGOL,
TQ: AND DIST: BELAGAVI-590006.
2. GANPAT S/O. GAVADU PATIL,
AGE: 67 YEARS, OCC: AGRICULTURE,
R/O. CTS NO.10969/1A/A/2, APMC ROAD,
SADASHIV NAGAR, BELAGAVI,
TQ: AND DIST: BELAGAVI-590010.
3. BASAVANI S/O. YALLAPPA SAVI,
AGE: 56 YEARS, OCC: AGRICULTURE,
R/O. #290, SAMBAJI GALLI,
KALAKHAMB VILLAGE,
TQ: AND DIST: BELAGAVI-590016.
4. RAMESH S/O. BHAVAKANNA BELAGAONKAR,
AGE: 52 YEARS, OCC: AGRICULTURE,
R/O. #363/11, JAI BHAVANI NAGAR,
KALAKAMB VILLAGE,
TQ: AND DIST: BELAGAVI-590016.
5. SHIVAJI S/O. YALLAPPA BELAGAONKAR,
AGE: 56 YEARS, OCC: AGRICULTURE,
R/O. #06, JAI BHAVANI NAGAR,
KALAKAMB VILLAGE,
TQ: AND DIST: BELAGAVI-590016.
...PETITIONERS
(BY SRI. PRASAD PATIL, ADVOCATE)
- 36 -
NC: 2025:KHC-D:1245
WP No. 100061 of 2024
C/W WP No. 105937 of 2023
WP No. 106042 of 2023
AND 16 OTHERS
AND:
1. THE UNION OF INDIA,
REP. BY ITS SECRETARY,
MINISTRY OF ROAD TRANSPORT AND
HIGHWAYS, NEW DELHI-110001.
2. NATIONAL HIGHWAY AUTHORITY OF INDIA,
REP. BY ITS SECRETARY,
MINISTRY OF ROAD TRANSPORT & HIGHWAYS,
NEW DELHI-110001.
3. THE ASSISTANT COMMISSIONER
& COMPETENT AUTHORITY FOR LAND ACQUISITION,
BELAGAVI RING ROAD,
(EASTERN AND WESTERN BYPASS)
BELAGAVI-590001.
...RESPONDENTS
(BY SRI. M.B. KANAVI, CGSC FOR R1;
SRI. SAGAR LADDA, SRI. SAGAR VARMA &
SRI. D.M. MALLI & SRI. PRASHANT MATHAPATI,
ADVOCATES FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE
IMPUGNED PRELIMINARY NOTIFICATION DATED 13/09/2022
BEARING NO. S O NO.4280 (E) PUBLISHED/NOTIFIED BY THE 2ND
AND 3RD RESPONDENTS VIDE ANNEXURE-A SO FAR AS IT RELATES
TO THE PETITIONERS AGRICULTURAL LANDS ARE CONCERNED
BEARING SY.NO.20/3 TOTAL MEASURING 00 ACRES 08 GUNTAS AND
SY.NO.20/9 TOTAL MEASURING 00 ACRES 14 GUNTAS OF KALAKAMB
VILLAGE. AND SY.NO.24/3 TOTAL MEASURING 00 ACRES 37 GUNTAS
OF KALAKAMB VILLAGE, AND SY.NO.9/1 TOTAL MEASURING 05
ACRES 28 GUNTAS OF KALAKAMB VILLAGE, AND SY.NO.8/1A TOTAL
MEASURING 08 ACRES 32 GUNTAS OF KALAKAMB VILLAGE AND
ALSO, SY.NO.7/4A TOTAL MEASURING 01 ACRES 34 GUNTAS OF
KALAKAMB VILLAGE RESPECTIVELY IN THE INTEREST OF JUSTICE
AND EQUITY.
- 37 -
NC: 2025:KHC-D:1245
WP No. 100061 of 2024
C/W WP No. 105937 of 2023
WP No. 106042 of 2023
AND 16 OTHERS
THESE WRIT PETITIONS, COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The petitioners in all the above matters are before this
Court seeking for the following reliefs:
a. Issue a writ in the nature of Certiorari to
quash the impugned Preliminary Notification
dated 13/09/2022 bearing no. S.O. No.4280
(E) published/Notified by the 2nd and 3rd
Respondents vide Annexure-A so far as it
relates to the Petitioner agricultural lands are
concerned bearing Sy.No.32/21 total
measuring 00 Acre 21 Guntas of Kadoli
Village, in the interest of justice and equity;
b. Issue a Writ in the nature of Certiorari to
quash the impugned Final Notification dated
28/06/2023 bearing no. S.O. No.2807(E)
published/Notified by the 2nd and 3rd
Respondents vide Annexure-E so far as it
relates to the Petitioners land are concerned
bearing Sy.No.32/21 total measuring 00 Acre
21 Guntas of Kadoli Village in the interest of
justice and equity.
c. Issue such other suitable Order/s or Directions
as this Hon'ble Court deems fit and proper in
the nature and circumstances of the present
case in hand, in the interest of justice and
equity.
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NC: 2025:KHC-D:1245
AND 16 OTHERS
a. Issue Writ in the nature of Certiorari to quash
the impugned preliminary notification dated
10.10.2022 brg.No.LAQ/BRR/SR/01/2022
published in Hindu paper dated 13-10-2022
passed by the Respondent No.3 vide
ANNEXURE-C, so far it relates to the
Petitioners land bearing R.S.Nos.320/5
(measuring 1-acre 20-guntas), 325/1
(measuring 1-acre 4-guntas) and 325/6
(measuring 27-guntas) of Uchagao village tq
and dist. belagavi, in the interest of justice
and equity;
b. Issue Writ in the nature of Certiorari to quash
the impugned final notification dated
27.07.2023 brg.no.LAQ/BRR/SR-01/2022
passed by the Respondent No.3 vide
ANNEXURE-F published in Hindu paper dated
4-8-2023 so far it relates to the Petitioners
land bearing R.S.Nos.320/5 (measuring 1-
acre 20 guntas), 325/1 (measuring 1 acre 4
guntas) and 325/6 (measuring 27 guntas) of
Uchagao village Tq and Dist. Belagavi, in the
interest of justice and equity.
c. Issue such other suitable Order/s or
Directions as this Hon'ble Court deems fit and
proper in the nature and circumstances of the
case, in the interest of justice and equity.
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NC: 2025:KHC-D:1245
AND 16 OTHERS
a. Issue Writ in the nature of Certiorari to quash
the impugned preliminary notification dated
10.10.2022 brg.no.LAQ/BRR/SR/01/2022
passed by the Respondent No.3 produced in
Hindu paper dtd. 13.10.2022 vide ANNEXURE-
C, so far it relates to the Petitioners land
bearing R.S.Nos.374/1A, Sy.No.374/1B,
374/1C and 374/1D totally measuring 3-acres
11-guntas and another sy.no.382/2 measuring
1-Acre 23-Guntas of Uchagao Village, Tq and
Dist.Belagavi, in the interest of justice and
equity;
b. Issue Writ in the nature of Certiorari to quash
the impugned final notification dated
27.07.2023 BRG.NO.LAQ/BRR/SR-01/2022
passed by the Respondent No.3 produced in
Times of India Paper Belgavi edition dtd
4/8/2023 vide ANNEXURE-E, so far it relates
to the petitioners land bearing
R.S.Nos.374/1A, Sy.No.374/1B, 374/1C and
374/1D totally measuring 3 acres 11-guntas
and another sy.no.382/2 measuring 1-Acre
23-Guntas, in the interest of justice and
equity.
c. Issue such other suitable Order/s or Directions
as this Hon'ble Court deems fit and proper in
the nature and circumstances of the case, in
the interest of justice and equity.
a. Issue Writ in the nature of Certiorari to
quash the impugned preliminary
notification dated 10.10.2022
brg.No.LAQ/BRR/SR/01/2022 passed by
the Respondent no.3 published in Hindu
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NC: 2025:KHC-D:1245
AND 16 OTHERS
paper dtd. 13.10.2022 vide ANNEXURE-C,
so far it relates to the Petitioners land
bearing R.S.Nos.12/3 and 12/4 of
Wagevad village Tq and Dist.Belagavi, in
the interest of justice and equity;
b. Issue Writ in the nature of Certiorari to
quash the impugned final notification
dated 27.07.2023 brg.No.LAQ/BRR/SR-
01/2022 passed by the Respondent No.3.
The Times of India Paper, Hubli-Dharwad-
Belagavi Edition dtd 04.08.2022 vide
ANNEXURE-F, so far it relates to the
Petitioners land bearing r.s.nos.12/3
(measuring-acres-guntas) and 12/4
(measuring-acres-guntas) of Wagevad
Village Tq and Dist.Belagavi, in the interest
of justice and equity.
c. Issue such other suitable Order/s or
Directions as this Hon'ble Court deems fit
and proper in the nature and
circumstances of the case, in the interest
of justice and equity.
A) Issue writ in the nature of Certiorari to quash
the impugned preliminary notification dated
10.10.2022 brg.no.LAQ/BRR/SR/01/2022
passed by the Respondent No.3 published in
hindu paper edition dtd. 13.10.2022 vide
ANNEXURE-C, so far it relates to the lands
owned by the petitioner Nos.1 to 12 as
indicated below;
i) Petitioner No.1, the owner of R.S.No.193/1 and
R.S.No.193/2 of Santibastwad Village, Tq and
Dist. Belagavi.
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NC: 2025:KHC-D:1245
AND 16 OTHERS
ii) The petitioner Nos.2 to 4, the joint owners in
possession of agricultural lands bearing R.S.
Nos.146, 147, 167 and 172 of Santibastwad
Belagavi village Tq and Dist: Belagavi.
iii) The petitioners Nos.5 to 10, the joint owners
in possession of agricultural lands bearing
R.S. Nos. 171, 174/1 and 199/B of
Santibastwad village Tq and Dist: Belagavi.
iv) The petitioner No.11, the owner in possession
of agricultural land bearing R.S.No.65/6 of
Santibastwad village Tq and Dist: Belagavi, in
the interest of justice and equity.
ν) The petitioner No.12, the owner possession of
agricultural land bearing R.S.No.315/4,
measuring 1 acre 23 guntas. R.S. No.315/2,
measuring 1 acre 23 guntas, R.S.No.326/5,
measuring 31 guntas 05 annas out of 2 acre
14 guntas situated at Belagundi village.
Tq/Dist: Belagavi Karnataka, in the interest of
justice and equity.
B) Issue Writ in the nature of Certiorari to quash
the impugned final notification dated
27.07.2023 brg No.LAQ/BRR/SR-01/2022
passed by the Respondent No.3. The Times of
India Paper, Hubli-Dharwad-Belagavi Edition
dtd: 04.08.2022 vide ANNEXURE-F, so far it
relates to the lands owned by the petitioner
Nos.1 to 12 as indicated below:
i) Petitioner No. 1, the owner of R.S. No.193/1
and R.S.No.193/2 of Santibastwad village. Tq
and Dist: Belagavi.
ii) The petitioner Nos.2 to 4, the joint owners in
possession of agricultural lands bearing R.S.
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NC: 2025:KHC-D:1245
AND 16 OTHERS
Nos.146, 147, 167 and 172 of Santibastwad
village Tq and Dist: Belagavi.
ii) The petitioners Nos.5 to 10, the joint owners in
possession of agricultural lands bearing R.S.
Nos.171, 174/1 and 199/B of Santibastwad
village Tq and Dist. Belagavi.
iv) The petitioner No.11, the owner possession of
agricultural land bearing R.S.No.65/6 of
Santibastwad village Tq and Dist Belagavi, in
the interest of justice and equity.
v) The petitioner No.12, the owner possession of
agricultural land bearing R.S.No.315/4,
measuring 1 acre 23 guntas, R.S.No.315/2,
measuring 1 acre 23 guntas, R.S.No.326/5,
measuring 31 guntas 05 annas out of 2 acre
14 guntas situated at Belagundi village,
Tq/Dist: Belagavi, Karnataka, in the interest of
justice and equity.
C) Issue such other suitable order/s directions as
this Hon'ble Court deems fit and proper in the
nature and circumstances of the case, in the
interest of justice and equity.
a. Issue a Writ in the nature of Certiorari to
quash the impugned Preliminary Notification
dated 13/09/2022 bearing No.SO No.4280(e)
published/notified by the 2nd and 3rd
Respondents vide Annexure-A so far as it
relates to the Petitioners lands are concerned
bearing R Sy.No.37/2, 39/2 and 39/5 totally
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NC: 2025:KHC-D:1245
AND 16 OTHERS
measuring 04 acre 21 Guntas, 01 acre 00
guntas and 03 acre 21 guntas of Waghawade
Village and Sy.No.40/1 and 40/2 totally
measuring 08 acre 26 Guntas, of Zadshapur
village respectively, in the interest of justice
and equity;
b. Issue a Writ in the nature of Certiorari to
quash the impugned Final Notification dated
28/06/2023 bearing No.S O No.2807(E)
published/Notified by the 2nd and 3rd
Respondents vide Annexure-G so far as it
relates to the Petitioners land are concerned
bearing R Sy.No.37/2, 39/2 and 39/5 totally
measuring 04 Acre 21 Guntas, 01 Acre 00
Guntas and 03 Acre 21 Guntas of Waghawade
Village and Sy.No.40/1 and 40/2 totally
measuring 08 Acre 26 Guntas, of Zad-
shahapur Village respectively, in the interest
of justice and equity.
c. Issue such other suitable order/s directions
as this Hon'ble Court deems fit and proper in
the nature and circumstances of the case in
hand, in the interest of justice and equity.
a. Issue a Writ in the nature of Certiorari to
quash the impugned Preliminary Notification
dated 13/09/2022 bearing No. S O
No.4280(E) published/Notified by the 2nd
and 3rd Respondents vide Annexure-A so far
as it relates to the Petitioners lands are
concerned bearing Sy.No.108/6 total
measuring 04 Acre 20 Guntas of Kadoli Village
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NC: 2025:KHC-D:1245
AND 16 OTHERS
Guntas of Agasage Village respectively, in the
interest of justice and equity;
b. Issue a Writ in the nature of Certiorari to
quash the impugned Final Notification dated
28/06/2023 bearing No. S O No.2807 (E)
published/Notified by the 2nd and 3rd
Respondents vide Annexure-F so far as it
relates to the Petitioners land are concerned
bearing Sy.No.108/6 total measuring 04 Acre
20 Guntas of Kadoli Village and Sy.No.160/3
total measuring 07 Acre 34 Guntas of Agasage
Village respectively in the interest of justice
and equity.
c. Issue such other suitable order/s Directions as
this Hon'ble Court deems fit and proper in the
nature and circumstances of the present case
in hand, in the interest of justice and equity.
a. Issue Writ in the nature of Certiorari to quash
the impugned preliminary notification dated
10.10.2022 brg.No.LAQ/BRR/SR/01/2022
published in the Hindu Paper dtd.13.10.2022
passed by the Respondent No.3 vide
ANNEXURE-C, so far it relates to the
Petitioners constructed residential of farm
House Brg.No.GPM 1025/1 of Uchagao
Village, Tq/Dist. Belagavi R.S.Nos.321
measuring 07 Acres 14 Guntas, in the interest
of justice and equity;
b. Issue Writ in the nature of Certiorari to quash
the impugned final notification dated
27.07.2023 Brg.No.LAQ/BRR/SR-01/2022
published in Times of India, Hubli-Dharwad-
Belagavi edition dtd. 04.08.2023 passed by
the Respondent No.3 vide ANNEXURE-F, so
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NC: 2025:KHC-D:1245
AND 16 OTHERS
far it relates to the Petitioners constructed
residential of Farm House brg.No.GPM 1025/1
of Uchagao Village, Tq/Dist.Belagavi
r.s.nos.321 measuring 07 Acres 14 Guntas, in
the interest of justice and equity.
c. Issue such other suitable order/s or directions
as this Hon'ble Court deems fit and proper in
the nature and circumstances of the case, in
the interest of justice and equity.
a. Issue writ in the nature of Certiorari to quash
the impugned preliminary notification dated
10.10.2022 brg. No.LAQ/BRR/SR/01/2022
published in the Hindu Paper dtd. 13.10.2022
passed by the Respondent No.3 vide
ANNEXURE-C, so far it relates to the Petitioner
Nos.1 is the owner of R.S.No.12/1, 12/2,
12/3, 12/4 of Wagawade Village, Tq/Dist.
Belagavi and also the Petitioner No.2 to 6 are
the joint owners of Sy.No.74/2 of Wagawade
Village, Tq/Dist. Belagavi it is submitted that
the Petitioner No.7 to 11 are the joint owners
of Sy.No. 74/3 of Wagawade Village, Tq/Dist.
Belagavi, in the interest of justice and equity;
b. Issue writ in the nature of Certiorari to quash
the impugned final notification dated
27.07.2023 brg. No.LAQ/BRR/SR-01/2022
published in Times of India, Hubli-Dharwad-
Belagavi Edition dtd. 04.08.2023 passed by
the Respondent No.3 vide ANNEXURE-E, so
far it relates to the Petitioner nos.1 is the
owner of R.S.No.12/1, 12/2, 12/3, 12/4 of
Wagawade Village, Tq/Dist. Belagavi and so
also the Petitioner No.2 to 6 are the joint
owners of Sy.No.74/2 of Wagawade Village,
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NC: 2025:KHC-D:1245
AND 16 OTHERS
Tq/Dist. Belagavi it is submitted that the
Petitioner no.7 to 11 are the joint owners of
Sy.No.74/3 of Wagawade Village, Tq/Dist.
Belagavi, in the interest of justice and equity.
c. Issue such other suitable order/s or directions
as this Hon'ble Court deems fit and proper in
the nature and circumstances of the case, in
the interest of justice and equity.
a. Issue Writ in the nature of Certiorari to quash
the impugned preliminary notification dated
10.10.2022 BRG.NO.LAQ/BRR/SR/01/2022
published in the Hindu Paper dtd. 13.10.2022
passed by the Respondent No.3 vide
ANNEXURE-C, so far it relates to the land of
the Petitioners No.1 to 12 bearing R.S.No.106,
R.S.No.114/1, R.S.No.114/5, R.S.No.114/6,
R.S.No.114/7, R.S.No. 114/8, R.S.No.109 of
Navage Village, Tq and Dist. Belagavi and
lands of Petitioners No.13 to 25 bearing
R.S.No.64 and 65/A of Bahadarwadi village,
Tq and DIst Belagavi, in the interest of justice
and equity;
b. Issue Writ in the nature of Certiorari to quash
the impugned final notification dated
27.07.2023 BRG.NO.LAQ/BRR/SR-01/2022
published in Times of India, Hubli-Dharwad-
Belagavi Edition dtd. 04.08.2023 passed by
the Respondent no.3 vide ANNEXURE-E, so far
it relates to the land of the Petitioners No.1 to
12 bearing R.S.No.106, R.S.No.114/1,
R.S.No.114/5, R.S.No.114/6, R.S.No.114/7,
R.S.No.114/8, R.S.No.109 of Navage Village,
- 47 -
NC: 2025:KHC-D:1245
AND 16 OTHERS
Tq and Dist Belagavi and lands of Petitioners
No.13 to 25 bearing R.S.No.64 and 65/A of
Bahadarwadi Village, Tq and Dist Belagavi, in
the interest of justice and equity.
c. Issue such other suitable order/s or directions
as this Hon'ble Court deems fit and proper in
the nature and circumstances of the case, in
the interest of justice and equity.
a. Issue a Writ in the nature of Certiorari to
quash the impugned Preliminary Notification
dated 13/09/2022 bearing no.S O No.4280 (e)
published/Notified by the 2nd and 3rd
Respondents vide Annexure-A so far as it
relates to the Petitioner agricultural lands are
concerned bearing Sy.No.94/7 total measuring
02 Acre 00 Guntas of Kakati Village, in the
interest of justice and equity;
b. Issue a Writ in the nature of Certiorari to
quash the impugned Final Notification dated
24/08/2023 bearing no. S O No.3795(e)
published/Notified by the 2nd and 3rd
Respondents vide Annexure-E so far as it
relates to the petitioners land are concerned
bearing Sy.No.94/7 total measuring 02 Acre
00 Guntas of Kakati Village in the interest of
justice and equity.
c. Issue such other suitable order/s or directions
as this Hon'ble Court deems fit and proper in
the nature and circumstances of the present
case in hand, in the interest of justice and
equity.
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NC: 2025:KHC-D:1245
AND 16 OTHERS
a. Issue a Writ in the nature of Certiorari to
quash the impugned Preliminary Notification
dated 13/09/2022 bearing no.S.O.No.4280 (e)
published/Notified by the 2nd and 3rd
Respondents vide Annexure-A so far as it
relates to the Petitioner No.1 agricultural
lands are concerned bearing Sy.No.570/1
total measuring 13 Acres 19 Guntas out of 01
Acre 20 Guntas of Kadoli village and
Sy.No.571/2/2 total measuring 01 Acre 30
Guntas of Kadoli Village, and the Petitioner
no.2nd agricultural lands bearing
Sy.No.570/2/3 total measuring 02 Acres 17
Guntas of Kadoli Village and Sy.No.571/3 total
measuring 05 Acre 11 Guntas of Kadoli
Village, in the interest of justice and equity;
b. Issue a Writ in the nature of Certiorari to
quash the impugned Final Notification dated
28/06/2023 bearing no.S.O.No.2807(e)
published/Notified by the 2nd and 3rd
Respondents vide Annexure-E so far as it
relates to the Petitioner no.1 agricultural lands
are concerned bearing Sy.No.570/1 total
measuring 13 Acres 19 Guntas out of 01 Acre
20 Guntas of Kadoli Village and
Sy.No.571/2/2 total measuring 01 Acre 30
Guntas of Kadoli Village, and the Petitioner
No.2nd agricultural lands bearing
Sy.No.570/2/3 total measuring 02 Acres 17
Guntas of Kadoli Village and Sy.No.571/3 total
measuring 05 Acre 11 Guntas of Kadoli village
in the interest of justice and equity.
c. Issue such other suitable order/s or directions
as this Hon'ble Court deems fit and proper in
the nature and circumstances of the present
- 49 -
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AND 16 OTHERS
case in hand, in the interest of justice and
equity.
a. Issue a Writ in the nature of Certiorari to
quash the impugned Preliminary Notification
dated 13/09/2022 bearing No. S O No.4280
(e) published/Notified by the 2nd and 3rd
Respondents vide Annexure-A so far as it
relates to the Petitioners agricultural lands
Acres 27 Guntas of Mutaga Village and sy.
No.154/1 total measuring 01 Acres 15 Guntas
Guntas of Mutaga Village and sy. No.155/*
total measuring 01 Acres 16 Guntas and Sy.
No. 200/4 total measuring 02 Acres 01 Guntas
Guntas of Mutaga Village and Sy. No.200/3
total measuring 02 Acres 00 Guntas of Mutaga
Acres 34 Guntas and Sy. No.29/7A total
measuring 00 Acres 32 Guntas of Shindoli
Village respectively in the interest of justice
and equity.
b. Issue a Writ in the nature of Certiorari to
quash the impugned Final Notification dated
24/08/2023 bearing No. S O No.3795 (e)
published/Notified by the 2nd and 3rd
Respondents vide Annexure-E so far as it
relates to the Petitioners Agricultural lands are
concerned bearing petitioners agricultural ands
Acres 27 Guntas of Mutaga Village and Sy.
No.154/1 total measuring 01 Acres 15 Guntas
Guntas of Mutaga Village and sy. No.155/*
total measuring 01 Acres 16 Guntas and Sy.
No.200/4 total measuring 02 Acres 01 Guntas
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NC: 2025:KHC-D:1245
AND 16 OTHERS
Guntas of Mutaga Village and Sy. No.200/3
total measuring 02 Acres 00 Guntas of Mutaga
Acres 34 Guntas and Sy. No.29/7A total
measuring 00 Acres 32 Guntas of Shindoli
Village respectively in the interest of justice
and equity.
c. Issue such other suitable order/s or Directions
as this Hon'ble Court deems fit and proper in
the nature and circumstances of the present
case in hand, in the interest of justice and
equity.
a. Issue a Writ in the nature of Certiorari to
quash the impugned Preliminary Notification
dated 13/09/2022 bearing No. S O No.4280
(E) published/Notified by the 2nd and 3rd
Respondents vide Annexure-A so far as it
relates to the Petitioner's Agricultural lands
are concerned bearing Sy.No.548/2 total
measuring 06 Acres 09 Guntas of Kadoli
Acre 28 Guntas of Kadoli Village. and
Guntas of Kadoli village and Sy.No.592 total
measuring 02 Acres 06 Guntas of Kadoli
Acres 19 Guntas of Kadoli Village, and
Guntas of Kadoli Village and Sy.No.21/1 total
measuring 07 Acres 39 Guntas of Kadoli
Village, respectively, in the interest of justice
and equity;
b. Issue a Writ in the nature of Certiorari to
quash the impugned Final notification dated
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NC: 2025:KHC-D:1245
AND 16 OTHERS
28/06/2023 bearing No. S o no.2807 (E)
published/Notified by the 2nd and 3rd
Respondents vide Annexure-E so far as it
relates to the Petitioners Agricultural lands are
concerned bearing Sy.No.548/2 total
measuring 06 Acres 09 Guntas of Kadoli
Acre 28 Guntas of Kadoli Village and
Guntas of Kadoli Village and Sy.No.592 total
measuring 02 Acres 06 Guntas of Kadoli
Acres 19 Guntas of Kadoli Village and
Guntas of Kadoli village and Sy.No.21/1 total
measuring 07 Acres 39 Guntas of Kadoli
village respectively, in the interest of justice
and equity.
c. Issue such other suitable order/s or Directions
as this Hon'ble Court deems fit and proper in
the nature and circumstances of the present
case in hand, in the interest of justice and
equity.
a. Issue a Writ in the nature of Certiorari to
quash the impugned Preliminary Notification
dated 13/09/2022 bearing No. S O No.4280
(E) published/Notified by the 2nd and 3rd
Respondents vide Annexure-A so far as it
relates to the Petitioner's Agricultural lands
are concerned bearing Sy.No.29/1 total
measuring 01 Acres 00 Guntas of Bachi
Acres 09 Guntas and Sy.No.9/18 total
measuring 00 Acre 11 Guntas and Sy.No.9/15
total measuring 00 acre 04 Guntas and
Sy.No.9/5 total measuring 00 Acre 23 Guntas,
- 52 -
NC: 2025:KHC-D:1245
AND 16 OTHERS
Guntas and Sy.No.30 total measuring 15 Acre
13 Guntas of Bachi Village. and Sy.No.28/1
total measuring 00 Acres 08 Guntas of Bachi
Acres 20 Guntas and Sy.No.18/a4 total
measuring 06 Acres 30 Guntas of Bachi Village
respectively, in the interest of justice and
equity.
b. Issue a Writ in the nature of Certiorari to
quash the impugned Final Notification dated
28/06/2023 bearing No. S O No.2807(E)
published/Notified by the 2nd and 3rd
Respondents vide Annexure-E so far as it
relates to the Petitioner's Agricultural lands
are concerned bearing Sy.No.29/1 total
measuring 01 Acres 00 Guntas of Bachi
Acres 09 Guntas and Sy.No.9/18 total
measuring 00 Acre 11 Guntas and Sy.No.9/15
total measuring 00 acre 04 Guntas and
Sy.No.9/5 total measuring 00 Acre 23 Guntas,
Guntas and Sy.No.30 total measuring 15 Acre
13 Guntas of Bachi Village. and Sy.No.28/1
total measuring 00 Acres 08 Guntas of Bachi
Acres 20 Guntas and Sy.No.18/A4 total
measuring 06 Acres 30 Guntas of Bachi Village
respectively, in the interest of justice and
equity.
c. Issue such other suitable order/s or Directions
as this Hon'ble Court deems fit and proper in
the nature and circumstances of the present
case in hand, in the interest of justice and
equity.
- 53 -
NC: 2025:KHC-D:1245
AND 16 OTHERS
a. Issue a Writ in the nature of Certiorari to
quash the impugned Preliminary Notification
dated 13/09/2022 bearing no.S O No.4280 (E)
published/Notified by the 2nd and 3rd
Respondents vide Annexure-A so far as it
relates to the Petitioners Agricultural lands are
concerned bearing Sy.No.214/* total
measuring 00 Acres 04 Guntas, sy. No.215/*
total measuring 00 Acres 03 Guntas and
Guntas of Mutaga village respectively, in the
interest of justice and equity;
b. Issue a writ in the Nature of Certiorari to
quash the impugned Final Notification dated
24/08/2023 bearing No.S O No.3795(e)
published/Notified by the 2nd and 3rd
Respondents vide Annexure-E so far as it
relates to the petitioners agricultural lands are
concerned bearing Sy.No.241/* total
measuring 00 Acres 04 Guntas, sy. No. 214/*
total measuring 00 Acres 03 Guntas and
Guntas of Mutaga village respectively, in the
interest of justice and equity.
c. Issue such other suitable order/s or Directions
as this Hon'ble Court deems fit and proper in
the nature and circumstances of the present
case in hand, in the interest of justice and
equity.
a. Issue a Writ in the nature of Certiorari to
quash the impugned Preliminary Notification
dated 13/09/2022 bearing no.S O No.4280
(E) published/Notified by the 2nd and 3rd
- 54 -
NC: 2025:KHC-D:1245
AND 16 OTHERS
Respondents vide Annexure-A so far as it
relates to the Petitioners Agricultural lands are
concerned bearing Sy.No.159/2 total
measuring 18 Acres 30 Guntas of Mannur
Acres 11 Guntas of Mannur Village, and
Acre 22 Guntas of Mannur Village, Tal And
Dist.Belagavi respectively. in the interest of
justice and equity.
b. Issue a Writ in the nature of Certiorari to
quash the impugned Final Notification dated
28/06/2023 bearing no.S O No.2807 (E)
published/Notified by the 2nd and 3rd
Respondents vide Annexure-D so far as it
relates to the Petitioners Agricultural lands are
concerned bearing Sy.No.159/2 total
measuring 18 Acres 30 Guntas of Mannur
Acres 11 Guntas of Mannur Village, and
Acre 22 Guntas of Mannur Village, Tal And
Dist.Belagavi respectively. in the interest of
justice and equity.
c. Issue such other suitable order/s or Directions
as this Hon'ble Court deems fit and proper in
the nature and circumstances of the present
case in hand, in the interest of justice and
equity.
a. Issue a Writ in the nature of Certiorari to
quash the impugned Preliminary Notification
dated 13/09/2022 bearing No. So No.4280 (E)
published/Notified by the 2nd and 3rd
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AND 16 OTHERS
Respondents vide Annexure-A so far as it
relates to the Petitioners Agricultural lands are
concerned bearing Sy. No.80/6 total
measuring 02 Acres 10 Guntas of Muchandi
Acres 05 Guntas and Sy. No.309/4 total
measuring 00 Acres 30 Guntas of Muchandi
Acres 16 Guntas of Muchandi Village. and sy.
No.295/1 total measuring 00 Acres 20 Guntas
of Muchandi Village and Sy. No.39/6A and 6B
total measuring 00 Acres 30 Guntas of
Muchandi Village respectively, in the interest
of justice and equity.
b. Issue a Writ in the nature of Certiorari to
quash the impugned Final Notification dated
24/08/2023 bearing No. So No.3795 (E)
published/Notified by the 2nd and 3rd
Respondents vide Annexure-D so far as it
relates to the Petitioners Agricultural lands are
concerned bearing Sy. No.80/6 total
measuring 02 Acres 10 Guntas of Muchandi
Acres 05 Guntas and Sy. No.309/4 total
measuring 00 Acres 30 Guntas of Muchandi
Acres 16 Guntas of Muchandi Village. and sy.
No.295/1 total measuring 00 Acres 20 Guntas
of Muchandi Village and Sy. No.39/6A and 6B
total measuring 00 Acres 30 Guntas of
Muchandi Village respectively, in the interest
of justice and equity.
c. Issue such other suitable order/s or Directions
as this Hon'ble Court deems fit and proper in
the nature and circumstances of the present
case in hand, in the interest of justice and
equity.
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AND 16 OTHERS
a. Issue a Writ in the nature of Certiorari to
quash the impugned Preliminary Notification
dated 13/09/2022 bearing no. S O No.4280
(E) published/Notified by the 2nd and 3rd
Respondents vide Annexure-A so far as it
relates to the Petitioners Agricultural lands
are concerned bearing Sy.No.20/3 total
measuring 00 Acres 08 Guntas and
Guntas of Kalakamb Village. and Sy.No.24/3
total measuring 00 Acres 37 Guntas of
Kalakamb Village, and Sy.No.9/1 total
measuring 05 Acres 28 Guntas of Kalakamb
Acres 32 Guntas of Kalakamb Village and
Guntas of Kalakamb village respectively in
the interest of justice and equity.
b. Issue a Writ in the nature of Certiorari to
quash the impugned Final Notification dated
24/08/2023 bearing no. S O No.3795 (E)
published/Notified by the 2nd and 3rd
Respondents vide Annexure-d so far as it
relates to the Petitioners Agricultural lands
are concerned bearing Sy.No.20/3 total
measuring 00 Acres 08 Guntas and
Guntas of Kalakamb Village. and Sy.No.24/3
total measuring 00 Acres 37 Guntas of
Kalakamb Village, and Sy.No.9/1 total
measuring 05 Acres 28 Guntas of Kalakamb
Acres 32 Guntas of Kalakamb Village and
Guntas of Kalakamb village respectively in
the interest of justice and equity.
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AND 16 OTHERS
2. The petitioners claim to be owners of various lands
as indicated below:
SL. CASE No. VILLAGE SY. No. AREA
No. NOTIFIED
(IN
HECTARES)
W P No. 100061/2024 KADOLI 32/21 0.1649
1. (Shamrao K.Patil &
Anr)
37/2 1.5058
(Annappa B.Patil) 39/5 0.0178
ZAD-SHAHAPUR 40/1 1.2555
KADOLI 108/6 0.6778
(Basavant AGASAGE 160/3 0.0035
S.Mayannache)
4. W P No. 106574/2023 KAKATI 94/7 0.7835
(Gangaram B.Rangai)
570/1 0.861
5. W P No. 108035/2023 KADOLI 570/2/3
(Shivaji V.Kutre &
Ors) 571/2/2 1.4997
127/3 0.4067
154/1 0.2918
(Appasaheb G.Patil &
Ors) MUTAGA 156 0.3207
200/3 0.2075
203/3 0.2024
29/7A 2.2071
SHINDOLLI
31/3A 0.0885
548/2 0.3186
549/2 0.6853
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AND 16 OTHERS
(Maruti C.Jadhav & KADOLI 588/6 0.2001
Ors)
592 0.1451
593/2 0.2578
32/20 0.1194
21/1 0.7406
8. W P No. 100747/2024 9/15 0.5089
Ors) BACHI
29/1 0.0005
30 -
58/1 0.0897
18/A2 0.9788
18/A4
214 0.0117
9. W P No.101014/2024 215 0.0035
(Prakash Parmoji) MUTAGA 216 0.0503
159/2 1.4534
W P No. 103240/2024 164 1.1823
10. (Laxman B. Chougule MANNUR
163/5 0.1335
& ors)
163/6 0.0514
80/6 0.1824
11. W P No. 106494/2024 309/2 0.3161
MUCHANDI
268/2 0.0040
295/1 0.4670
39/6A
39/6B 0.6791
W P No.106523/2024 20/3 0.8518
Somannache & Ors) KALAKAMB
24/3 0.4093
9/1 0.4018
8/1A 0.6176
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AND 16 OTHERS
7/4A 0.5474
13. 105937/2023 R.S.320/5 01-A 20-Gs Uchagao
R.S.325/1 01-A 04-Gs
R.S.325/6 00-A 27-Gs Village,
Belagavi
14. 106052/2023 R.S.12/3 01-A 00-G Wagewad,
R.S.12/4 02-A 00-G
Belagavi
15. 106042/2023 R.S.374/1A Uchagao
R.S.374/1B
R.S.374/1C 03-A 11-Gs Village,
R.S.374/1D
Belagavi
01-A 23-Gs
16. 106256/2023 R.S.321 07-A 14-Gs Uchagao
Village,
Belagavi
17. 106270/2023 R.S.106 09-A 25-Gs Navage
R.S.114/1 07-A 28-Gs
R.S.114/5 00-A 37-Gs Village
R.S.114/6 01-A 17-Gs
R.S.114/7 04-A 10-Gs Belagavi
R.S.114/8 03-A 01-G
R.S.64 16-A 20-Gs
R.S.65/A 18-A 11-Gs
Badarvadi
Village
Belagavi
18. 106053/2023 R.S.193/1 01-A 26-Gs Sabtubast
R.S.193/2 02-A 05-Gs awad,
R.S.147/1 00-A 07-Gs
R.S.146 00-A 33-Gs Uchagao
R.S.167 02-A 30-Gs
R.S.174/1 00-A 13-Gs Belagavi
R.S.65/A/6 01-A 10-Gs
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AND 16 OTHERS
R.S.315/4 01-A 23-Gs
R.S.315/2 01-A 23-Gs
R.S.326/5 00-A 31-Gs
05-Annas out
Of 02-A 14-
Gs
Belagundi
Village,
Belagavi
19. 106263/2023 R.S.12/1 02-A 00-G Wagewad,
R.S.12/2 00-A 25-Gs
R.S.12/3 01-A 00-G Belagavi
R.S.12/4 02-A 00-G
R.S.74/2 07-A 20-Gs
R.S.74/4 03-A 01-G
3. Respondent No.3 had issued a notification under
Section 3A(1) of the National Highways Act, 1956
['NHA Act' for short] for the purpose of construction
of 4 to 6 lane highway along with maintenance,
management and operation of the Belagavi Eastern
and Western bypass (Belagavi Ring Road) on
13.09.2022 as per Annexure-B which was published
in the newspaper having local circulation on
13.10.2022 as per Annexure-C.
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AND 16 OTHERS
4. Though the village name, survey number and extent
of land was mentioned in the said notification, the
grievance of the petitioners in each of the above
matter is that they were unable to ascertain if their
lands were part of the said notification since the
notification does not specify the boundaries nor does
it contain the name of the owner and/or the extent of
land proposed to be acquired from each of the
owners thereby making it difficult for the land owners
to ascertain if their land was under acquisition, the
purpose for which it was being acquired and thereby
submit proper objections in relation thereto.
5. The petitioners however, filed certain objections
again raising this issue by stating that the specific
survey number, sub-division, specific extent, specific
boundaries of the land and the person from whom
the land is proposed to be acquired has not been
mentioned and called upon the respondents to make
available the said details.
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AND 16 OTHERS
6. It is also contended before this court that the
acquisition notification is not in terms of the
provision of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and
Resettlement Act 2013 ['Act of 2013' for short], more
particularly in terms of Form No. 2 prepared in
pursuance of Rule 5(1) of the Right to Fair
Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement (Compensation,
Rehabilitation and Resettlement and Development
Plan) Rules, 2015 ['Rules of 2015' for short].
7. It is further alleged that on the filing of the
objections though notice of hearing was fixed when
the petitioners visited the office of the Special Land
Acquisition Officer [SLAO], the statement of the
petitioners were not recorded, but they were only
informed that the objections were overruled on the
ground that the Belagavi Ring Road is for use of
general public and as such, it is alleged that the
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AND 16 OTHERS
specific objections submitted by the petitioners were
not considered on merits and orders passed by the
SLAO and it was only a format order passed by the
SLAO by only replacing the name of the addressee
and the details of the date of the objections filed,
rest of the contents were identical in all the rejection
orders passed by the SLAO.
8. Thus, it is contended that there is no application of
mind by the SLAO while considering the objections
filed by the individual landowners, thereby rendering
Section 3C of the NHA Act completely redundant,
inviting objections for the sake of inviting, rendering
the same an empty formality and thereafter the
same was followed up with a final notification under
Section 3D of the NHA Act declaring that the land
has been vested with the Central Government free
from all encumbrances.
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AND 16 OTHERS
9. It is aggrieved by the notification issued under
Section 3A(1) and 3D(2) that the petitioners are
before this Court on the basis of the above
contentions.
10. Apart from the above, Shri Nandish Patil, learned
counsel appearing for the petitioners in some of the
matters submits that,
10.1. The whole purpose of issuing a notification
under Section 3A being to acquire the land of a
private person, the rights of the private person
are required to be protected and any action
taken by the State, in exercise of powers of
eminent domain, have to comply with the
requirement of law, thereby giving effect to
Section 300A of the Constitution of India and
the property rights of the landowners cannot be
negated by use of power of eminent domain
without following the due process.
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AND 16 OTHERS
10.2. His submission is that firstly, there are no
sufficient details provided under the notification
under Section 3A to enable the petitioners to
submit their detailed and proper objections.
Secondly, even when an attempt of filing
objections were made, no hearing was provided
and thirdly, that the objections have been
rejected in a cursory mechanical manner,
negating the property rights of the petitioners
and lastly, a notification has been issued under
Section 3D(2), vesting the property of the
petitioners with the Central Government after
having violated all applicable provisions relating
to eminent domain.
10.3. In this regard, he relies upon the decision of the
Hon'ble Apex Court in the case of Competent
Authority -v- Barangore Jute Factory and
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AND 16 OTHERS
Others1, more particularly para 6, 7 and 8
thereof which are reproduced hereunder for
easy reference:
6. While dealing with the question of brief
description of land in the acquisition notifications,
reference was made to some judgments of this
Court where acquisition Notifications under Section
4 of the Land Acquisition Act had come up for
consideration on account of challenge being
leveled on ground of vagueness of the
Notifications. In most of these cases, Plan of the
area under acquisition was made part of the
notifications to show that the requirement of
description of land was met. This lead us to inquire
whether there was any site plan forming part of
the impugned Notification.
7. The availability of a Plan would have made all
the difference. If there is a Plan, the area under
acquisition becomes identifiable immediately. The
question whether the impugned Notification meets
the requirement of brief description of land under
Section 3A(2) goes to the root of the matter. The
High Court rightly observed : ".it is just not
possible to proceed to determine the necessity of
acquisition of a particular plot of land without
preparation of a proper Plan." The Appendix to the
impugned Notification shows that in many cases
small parts of larger chunks of land have been
notified for acquisition. This is not possible without
preparing a Plan. But where is the Plan? The
Notification in question makes no reference to any
Plan. Our attention was drawn to averments in
pleadings by Writ Petitioners and replies thereto of
the acquiring authority. The Writ Petitioners have
pleaded that there was no Plan. Replies are vague
and by way of rolled up answers. There is no
specific reply. It is obvious that there was no Plan
(2005)13 SCC 477
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AND 16 OTHERS
and therefore none was referred to in pleadings
nor any thing was produced before Court at the
hearing. Learned counsel for the Competent
Authority tried to submit before us that there was
a Plan at the time of issue of the notification and
the Writ Petitioners ought to have inspected it if
they so desired. He further submitted that the Plan
was produced before the High Court. We find that
both these submissions are not sustainable as
they are not correct. A reference to the impugned
Notification shows that there is no mention of any
Plan. Without this how can anybody know that
there was a Plan which could be inspected and
inspected where? We are inclined to accept that
there was no Plan accompanying the impugned
Notification. During the course of hearing we were
shown a Plan which we are unable to link with the
impugned Notification. This was a 1996
P.W.D.Plan. The P.W.D. is a department of the
State Government. The impugned Notification is
by the Central Government. The NHAI is
established under a Central Act. The Competent
Authority under Section 3 of the Act is appointed by
the Central Government. Therefore, this State
Government Plan of 1996 (the impugned
Notification is of 1998) is of no assistance. The
impugned judgment of the High Court emphasises
the need for a Plan. It is clear from the judgment
of the High Court that no Plan was produced
before it. The absence of any reference to a Plan
in the impugned Notification and in fact non-
availability of any Plan linked to the Notification,
fortifies the argument that the description of the
land under acquisition in the impugned Notification
fails to meet the legal requirement of a brief
description of the land which renders the
Notification invalid.
8. The absence of plan also renders the right to
file objections under Section 3C(1) nugatory. In the
absence of a Plan, it is impossible to ascertain or
know which part of acquired land was to be used
and in what manner. Without this knowledge no
objections regarding use of land could be filed.
Since the objection regarding use of the land had
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AND 16 OTHERS
been given up by the writ petitioners, we need not
go any further in this aspect. We would, however,
like to add that unlike Section 5A of the Land
Acquisition Act,1894 which confers a general right
to object to acquisition of land under Section 4 of
the said Act, Section 3C(1) of the National Highways
Act gives a very limited right to object. The
objection can be only to the use of the land under
acquisition for purposes other than those under
sub-section 3A(1). The Act confers no right to object
to acquisition as such. This answers the argument
advanced by the learned counsel for the NHAI that
failure to file objections disentitles Writ Petitioners
to object to the acquisition. The Act confers no
general right to object, therefore, failure to object
becomes irrelevant. The learned counsel relied on
the judgment of this court in Delhi Administration vs.
Gurdip Singh Uban & Others [(1999) 7 SCC 44]. In
our view, this judgment has no application in the
facts of the present case where right to object is a
very limited right. The case cited is a case under
the Land Acquisition Act, 1894 which confers a
general right to object to acquisition of land under
Section 5A. Failure to exercise that right could be
said to be acquiescence. The National Highways Act
confers no such right. Under this Act there is no
right to object to acquisition of land except on the
question of its user. Therefore, the present
objection has to be decided independently of the
right to file objections. De hors the right to file
objection, the validity of the Notification has to be
considered. Failure to file objection to the
notification under Section 3C, therefore, cannot
non-suit the Writ Petitioners in this case. The
learned counsel supporting the acquisition
submitted that the delay in filing the Writ Petition
is fatal to the case of land owners. It is true that
11th June, 1998 Notification was challenged only
in September, 2001 by filing the Writ Petition. But
if the Notification violates the very statute from
which it derives its force, will delay in challenging
it clothe it with legitimacy? The Act requires the
Notification to be issued in a particular manner
with brief particulars of land being acquired. The
Notification in this case fails to meet this
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AND 16 OTHERS
requirement. We have held it to be bad in law. It
has no legs to stand. The conduct of the opposite
party cannot be used to make it stand. Moreover,
the Writ Petitioners have explained the reasons for
the delay in filing the Writ Petition. The Company
which owns the lands had been de-registered. It is
a Company registered in the U.K. It had to be
revived. Revival came in mid-2001 whereafter the
action was taken. Thus we fin d no merit in the
argument about delay in challenging the
Notification rendering the challenge liable to be
rejected.
10.4. By relying on Barangore Jute Factory's case,
he submits that a brief description of the land
in acquisition notification would require all the
details to be furnished so that the notification
cannot come under the mischief of it being
vague. The absence of the details would negate
the right of the land loser to file detailed
objections, rendering the protection granted
under law against compulsory acquisition
redundant.
10.5. He relies upon a decision of this court in the
case of SND Sampath -v- Competent
Authority and Asst. Commissioner and
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AND 16 OTHERS
Another2, more particularly para 14, 16, 18
and 19 thereof, which are reproduced
hereunder for easy reference:
14. The power of acquisition is a power of eminent
domain, which can only be exercised by the State in
circumstances that are justified since it is the right of
the immovable property vested with the citizen which
is taken away by way of compulsory acquisition.
When compulsory acquisition is resorted to, it is but
required that the person whose property is proposed
to be acquired is at least put to notice that his
property is proposed to be acquired, the extent
thereof and the purpose for which the acquisition is
being made.
16. The brief description of the property relied upon
by the learned counsel for the respondent - NHAI
that even a survey number is sufficient is not
acceptable in as much as in the very said survey
number there could be numerous people who would
be interested, which is established in the present case
where names of about 25 persons have been shown
in the Section 3(D) notification relating to survey
No.101/1A, the said survey number could have been
bifurcated into various other sub-survey numbers, the
ladn in the Sy No. could have been converted for non
agricultural purposes, plots could have been formed
and sold to various individuals and as such these
details which are available in the public domain was
required to be ascertained and published in the public
notification under Section 3(A).
18. Without notice of the proposed acquisition under
Section 3(A) of the Act, it cannot be expected for the
owner of the land to submit his objections under
Section 3(C) of the Act. Though Section 3(C) of the
Act indicate that any person who is interested in the
land proposed to be acquired may within twenty one
days from the date of publication of the notification
WP No.51312/2016 dated 4.12.2024
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AND 16 OTHERS
submit his objections, it would not be known to the
owner of the land, if his land is proposed to be
acquired since the extent in comparison to the larger
extent of land may be very small as is the case in the
present matter.
19. Thus, when the owner of the land has no notice
of his land being proposed to be acquired, the
question of objections being submitted and hearing
on the said objections in terms of Section 3(C) of the
Act would also not arise. Thus, in effect, without
notifying the owner of the proposed acquisition,
without providing an opportunity of filing objections
and hearing, a final notification under Section 3(D) of
the Act has been issued, in the present case,
notifying acquisition of 1244 Sq.mts in survey number
101/1A is without detailing out the extent of land of
each of the owners that is proposed to be acquired.
10.6. By relying on Sampath's case, his submission
is that the notification under Section 3A would
have to contain enough and sufficient details to
not only identify the property proposed to be
acquired, but also the owner from whom the
property is proposed to be acquired. Without
the cross-referencing of both these aspects,
proper objections could not be filed as provided
under Section 3C of the NHA Act.
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AND 16 OTHERS
10.7. He relies upon the decision of this court in the
case of Shri Manohar Patel.R and Another -
v- Union of India and Others3, more
particularly para 17.9, 18.23, 18.24 and 18.25
thereof, which are reproduced hereunder for
easy reference:
17.9. Hence, I answer Point No.1 by holding that the
LARR Act of 2013 in its entirety is not applicable to
the Acts listed in Schedule-IV, but it is only
compensation as determinable under Schedule-I the
benefits of rehabilitation as listed in Schedule-II and
the resettlement methodology as detailed in
Schedule-III which should be applicable to the
acquisition made under the enactments listed under
the Schedule-IV which includes the N. H. Act.
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.
18.24. Such application by the Arbitrator of the
Schedules-I, II and III is not enlargement of
jurisdiction. The jurisdiction already vests with the
Arbitrator who has been appointed to determine the
compensation payable albeit in terms of Schedules-I,
II and III.
18.25. I answer point no. 2 by holding that since it is
only the schedules which are applicable, any claim of
W.P. No.10103/2020 and Connected matter dated 19.07.2022
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AND 16 OTHERS
the land loser as regards the determination of
compensation in terms of Schedule I, II, III can be
made by the Arbitrator under Section 3-G(5).
10.8. By relying on the above, he submits that there
is a compensation which is determinable under
Schedule-1, the benefits under Schedule-2 and
methodology is detailed under Schedule-3,
which would be applicable even to acquisition
under the NHA Act and these aspects have not
been complied with and followed by the NHAI
inasmuch as the notification itself is not
sufficiently detailed, the objections filed have
not been properly considered and the entire
process and procedure has been rendered an
empty formality.
10.9. On the above grounds, he submits that the
repetitions are required to be allowed and the
reliefs sought for granted.
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AND 16 OTHERS
11. Sri.Prasad Patil, learned counsel appearing for the
petitioners in some of the above petitions, adopts the
submission of Sri.Nandish Patil and submits that the
petitions filed by him may also be allowed.
12. Sri. Sagar Ladda, learned counsel appearing for the
NHAI, would submit that,
12.1. What is required to be published under Section
3A is the notification giving a brief description
of the land and the substance of the notification
is to be published in two local newspapers, one
of which is vernacular.
12.2. His submission by referring to Section 3A is that
whenever any private land is required for public
purposes for building, maintenance,
management or operation of a National
Highway or part thereof, an intention to acquire
the land could be issued under Subsection (1)
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AND 16 OTHERS
of Section 3 by providing a brief description of
the land in terms of Subsection (2) of Section
3.
12.3. Section 3A does not contemplate details of the
owner of the land, the extent of land to be
acquired from such owner and or any other
details to be provided. This he submits is a
procedure prescribed under the Act of 1956 in
order to speeden up the acquisition proceedings
for a public purpose project of the NHAI.
12.4. It is only after a notification under Subsection
(1) of Section 3A is published that under
Section 3B it would be lawful for the Central
Government to inspect, survey and measure
the property and carry out such actions as may
be required and as such, without publication of
a notification under Subsection (1) of Section
3A, the NHAI is not in a position to give all the
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AND 16 OTHERS
details of the specific extent of land required
from each owner, the name of the owner, the
boundaries of the said property which can only
be done after the inspection, survey and
measurement under Section 3B.
12.5. He therefore submits that the experts at NHAI
having formulated the manner and
methodology of construction of new highways
or widening of existing highways, the experts of
NHAI having identified the lands, the said
identification cannot be faulted with and in this
regard he relies upon the decision of the
Hon'ble Apex Court in the case of Union of
India -v- Kushala Shetty and Others4, more
particularly Para 28 thereof which is reproduced
hereunder for easy reference:
28. Here, it will be apposite to mention that NHAI
is a professionally managed statutory body having
(2011)12 SCC 69
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AND 16 OTHERS
expertise in the field of development and
maintenance of National Highways. The projects
involving construction of new highways and
widening and development of the existing highways,
which are vital for development of infrastructure in
the country, are entrusted to experts in the field of
highways. It comprises of persons having vast
knowledge and expertise in the field of highway
development and maintenance. NHAI prepares and
implements projects relating to development and
maintenance of National Highways after thorough
study by experts in different fields. Detailed project
reports are prepared keeping in view the relative
factors including intensity of heavy vehicular traffic
and larger public interest. The Courts are not at all
equipped to decide upon the viability and feasibility
of the particular project and whether the particular
alignment would subserve the larger public interest.
In such matters, the scope of judicial review is very
limited. The Court can nullify the acquisition of land
and, in rarest of rare cases, the particular project, if
it is found to be ex-facie contrary to the mandate of
law or tainted due to mala fides. In the case in
hand, neither any violation of mandate of the 1956
Act has been established nor the charge of malice in
fact has been proved. Therefore, the order under
challenge cannot be sustained.
12.6. By relying on Kushala Shetty's case Supra,
his submission is that NHAI being a
professionally managed statutory body, having
expertise and any proposal being formulated by
the experts at NHAI, the scope of judicial
review is limited and this court ought not to
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entertain the contentions raised by the
petitioners in the present matter.
12.7. He also relies upon the decision in Barangore
Jute Factory's case which has been relied
upon by the petitioners, in fact, he also relies
upon the very same paragraphs, namely Para
6, 7 and 8 and submits that the Hon'ble Apex
Court has come to a conclusion that since a
plan has been mentioned in the notification,
any person aggrieved by the Notification could
visit the office of the SLAO, ascertain if his land
is proposed to be acquired and non-mentioning
of the details in the notification Subsection (1)
of Section 3A will not cause any harm and
injury to the petitioners since they always had
an option to ascertain if their land were
proposed to be acquired and the extent thereof
since the survey number has been mentioned in
the Notification in the Subsection (1) of Section
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3A. Thus, he submits that the Hon'ble Apex
Court in Barangore Jute Factory's decision
having come to a conclusion that existence of a
plan prepared by NHAI would be sufficient
compliance, the contention of the petitioner
would have to be rejected in this matter as the
existence of a plan has been mentioned, which
could be verified by the petitioners.
12.8. Insofar as the orders passed by the SLAO on
the objections filed by the petitioners, his
submission again by relying upon Khushala
Shetty's case is that the experts having
decided the location of the concerned road and
the road being developed in the interest of the
general public, the general public benefiting
from creation of such a road, these aspects
have been considered by the SLAO and the
objections filed by the petitioners have been
rejected.
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12.9. His submission is also that the private interest
is to be subservient to the larger public interest
which in this case is the establishment of the
Highway with the NHAI is in the process of
implementation.
12.10. On all the above grounds, he submits that the
above petitions are required to be rejected.
13. Heard Sri.Nandish Patil, learned counsel and
Sri.Prasad Patil, learned counsel for the petitioners
and Sri. M B Kanavi for respondent No.1 and
Sri.Sagar Ladda, learned counsel for the respondents
No.2 and 3. Perused papers.
14. The points that would arise for consideration are,
i. Whether a Notification issued under
Subsection (1) of Section 3A of the
National Highway Act is to only contain a
brief description of the land meaning
thereby the survey number and the extent
proposed to be acquired or would it
require other details like the type of title,
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type of land, area under acquisition, total
extent of land, area under acquisition,
name and address of the person
interested, the boundaries of the survey
number, as also the boundaries of the
proposed land to be acquired in the event
of there being any buildings, the nature of
the buildings, the extent and measurement
of the building so as to enable the
landowner to submit his objections?
ii. Whether the making available of the
detailed plan in the office of the SLAO,
NHAI and permitting inspection thereof
would be sufficient compliance with the
requirement of the principles of natural
justice in putting on notice the land loser
of the extent of land that is proposed to be
acquired?
iii. Whether while considering the objections
filed by the land loser, the SLAO would
have to consider each and every
objection/s raised by the land loser or
could the SLAO reject the objections filed
by the land loser on the ground that the
implementation of the project of the NHAI
is in the larger public interest?
iv. What order?
15. I answer the above points as under.
16. ANSWER TO POINT No.1- Whether a
Notification issued under Subsection (1) of
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Section 3A of the National Highway Act is to
only contain a brief description of the land
meaning thereby the survey number and the
extent proposed to be acquired or would it
require other details like the type of title, type
of land, area under acquisition, total extent of
land, area under acquisition, name and address
of the person interested, the boundaries of the
survey number, as also the boundaries of the
proposed land to be acquired in the event of
there being any buildings, the nature of the
buildings, the extent and measurement of the
building so as to enable the landowner to
submit his objections?
And
Answer to Point No.2: Whether the making
available of the detailed plan in the office of the
SLAO, NHAI and permitting inspection thereof
would be sufficient compliance with the
requirement of the principles of natural justice
in putting on notice the land loser of the extent
of land that is proposed to be acquired?
16.1. Both the above points being related I answer
them together as under.
16.2. The submissions of both the counsels have
been extracted hereinabove.
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16.3. The submission of Sri Nandish Patil, learned
counsel being that sufficient details have not
been provided to identify the extent of land and
the owner from whom the land is proposed to
be acquired and the purpose for which the land
of the petitioner is proposed to be used so as to
enable the petitioner to submit a detailed
objections, the submission of Sri.Sagar Ladda,
learned counsel for NHAI is it is only a brief
description of the property which is required to
be furnished which has been so furnished and
as such, the petitioners could visit the office of
the SLO to ascertain if their land is being
acquired and if so, what extent.
16.4. Once earlier when a submission was made by
learned counsel for the petitioner, counsel for
NHAI was directed to produce the plans
prepared for the purpose of this project. It is
in that background that the SLAO of NHAI was
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present before this court on 20.01.2025 along
with the Maps/ plans.
16.5. The purport of the said plans being made
available in the office of the SLAO as contended
by Mr. Sagar Lada was for a land loser to be
able to visit the office of the SLAO to ascertain
if his land is being acquired and to what extent.
16.6. It is for that reason that this court posed a
question to the SLAO as to what is the extent of
land in survey number 14, 15 and 74 shown in
the said plans which were being acquired and in
whose name those lands stand, as also the
extent of land in those survey number which
are proposed to be acquired, the SLAO made
an attempt to answer the same by referring to
a notification published under Section 3D which
notification, needless to say, is published only
after rejection of the objections filed by land
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loser and the said final notification vesting the
land with the State. Thus, he was called upon
to answer the query without referring to the 3D
notification and only referring to the 3A
notification and the plans, when the SLAO
submitted that by only referring to Section 3A
notification and plans he would be unable to
answer any of the above queries.
16.7. Now, if the said answer by the SLAO is taken
into consideration along with the submission
made by the counsel for the NHAI, then such
submission would have to be rejected since
even if a land loser were to visit the office of
the SLAO, the SLAO himself is not in a position
to explain the extent of land proposed to be
acquired in the survey number and in whose
name the land stands. Thus, without those
answers, the land losers' visit to the SLAO's
office is again an empty formality to be only
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informed to look into the notification under
Subsection (1) of Section 3A and no further
information being provided.
16.8. The reliance placed by Sri.Sagar Ladda on
Barangore Jute Factory's case to contend
that while preparing a plan, all the details
would be taken into consideration and the plan
if made available for inspection, the
requirement under Subsection (1) of Section 3
is satisfied, will not be available to the NHAI in
the present case. The Hon'ble Apex Court in
Barangore Jute Factory's case has
categorically held that in many cases, small
parts of larger chunks of land having been
notified for acquisition, the same would not be
possible without preparing a plan and came to a
conclusion that the notification does not make
any reference to any plan.
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16.9. Without the plan being mentioned in the
notification, the Hon'ble Apex Court posed a
question as to "how can anybody know that
there was a plan which could be inspected and
inspected where" and further held that the
absence of any plan mentioned in the
notification fortifies the argument that the
description of the land under acquisition in the
impugned notification fails to meet the legal
requirement of a brief description of the land
which renders the notification invalid and the
Hon'ble Apex Court went on to uphold the
Judgment of the High Court and dismissed the
Special Leave Petition filed by the competent
Authority and the National Highways Authorities
of India.
16.10. Thus, the decision in Barangore Jute
Factory's case does not support the case of
the NHAI that there is a plan in existence in the
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present case which was not so in Barangore
Jute Factory's case and therefore the plan
satisfies the requirement of Section 3A, and
does not hold much water as afore observed
even the SLAO present before this court with all
his rich experience and knowledge of the
matter was unable to point out the extent of
land in each survey number and the owner
from whom the said land was proposed to be
acquired.
16.11. Thus, even though a plan has been prepared in
the present matter and the notification under
Subsection (1) of Section 3A makes a reference
that a plan is available for inspection at the
SLAO's office, the same does not change the
situation in any manner than that as considered
by the Hon'ble Apex Court in Barangore Jute
Factory's case since as observed supra, even a
visit by any land loser to make enquiries on the
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same would be an empty formality without any
details being provided to the land loser.
16.12. It is on account of various inadequacies in the
land acquisition proceedings earlier under the
Land Acquisition Act, 1894, as also under
various other enactments where acquisition of
land is permitted that the parliament enacted
the Right to Fair Compensation And
Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013. The very name of
the enactment indicates the reasons why the
enactment was introduced. Firstly, for fair
compensation, secondly for transparency in
land acquisition, thirdly for rehabilitation and
fourthly for resettlement.
16.13. The object of the said enactment is to ensure
that a humane, participative, informed and
transparent process for land acquisition for
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industrialization, development of infrastructure
facilities and urbanization with the least
disturbance to the owners of the land and other
affected families, as also to provide just and
fair compensation to the affected families
whose land is acquired or proposed to be
acquired or are affected by such acquisition
amongst other aspects.
16.14. Though the aspect of rehabilitation and
resettlement would not apply insofar as
acquisition of land for the formation of a
highway as held by this court in Manohar
Patel's case (supra), this Court has come to a
conclusion that the Schedule-1, 2 and 3 of the
Act of 2013 would be applicable even to
acquisition under the National Highways Act.
16.15. Form-2 of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation
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and Resettlement (Compensation,
Rehabilitation and Resettlement and
Development Plan) Rules, 2015 is reproduced
hereunder for easy reference:
FORM II
See rule 5(1)
PRELIMINARY NOTIFICATION
No............. Dated......
Whereas it appears to the appropriate Government that
a total of.. ...hectares land is required in the Village
Taluk/Sub-division/Tehsil/Block (as applicable) District
for public purpose, namely, Social Impact Assessment
Study was carried out by Social Impact Assessment
(SIA) Unit and a report submitted /preliminary
investigation was conducted by a team constituted by
Collector as laid down under rule 4. The summary of the
Social Impact Assessment Report/ preliminary
investigation is as follows (Attach copy of SIA report):
A total of...(no.) families are likely to be displaced due to
the land acquisition. The reason necessitating such
displacement is given below.
........is appointed as Administrator for the purpose of
rehabilitation and resettlement of the affected families.
Therefore it is notified that for the above said project in
the ........Village of............ Taluk/Sub-division/Tehsil/Block
(as applicable) District a piece of land measuring..........
hectares viz;........... hectare of standard measurement,
whose detail description is as following, is under
acquisition:
Sl. Survey Type Type of Area under Name and Boundaries
No. No. of land acquisition (in address of
title hectare) person N. S. E. W.
interested
Trees Structures
Variety Number Type Plinth Area
This notification is made under the provisions of section
11(1) of the Right to Fair Compensation and
Transparency in Land acquisition, Rehabilitation and
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Resettlement Act, 2013 (30 of 2013), to all whom it may
concern.
A plan of the land may be inspected in the office of the
Collector and n any working day during the working
hours.
The Government is pleased to authorise Officer...and his
staff.. to enter upon and survey land, take levels of any
land, dig or bore into the sub-soil and do all other acts
required for the proper execution of their work as
provided and specified in section 12 of the said Act.
Under section 11(4) of the Act, no person shall make
any transaction or cause any transaction of land ie.,
sale/purchase, etc., or create any encumbrances on such
land from the date of publication of such notification
without prior approval of the Collector.
Objections to the acquisition, if any, may be filed by the
person interested within 60 (sixty days) from the date of
publication of this notification as provided under section
15 of the Act before Collector.
Since the land is urgently required for the project falling
within the purview of section 40(2) and the same has
approval of the Parliament, it has been decided not to
carry out the Social lmpact Assessment Study, vide G.O.
No...... dated........
(Strike if not applicable)
Encl: As above
Place..........
Date........ Collector
16.16. The said Form-2 having been prepared in terms
of Rule 5, Rule 5 of the aforesaid Rules is also
reproduced hereunder for easy reference:
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5. Publication of preliminary notification (1) The
preliminary notification referred to in section 11 shall
be published in FORM II.
(2) A copy of the preliminary notification mentioned
in section 11 shall be affixed at conspicuous places in
the affected areas and shall also be informed to the
public by beat of drum.
(3) After publication of the preliminary notification
under section 11, the Collector shall ensure
completion of the exercise of updating land records as
specified hereunder:-
(a) delete the names of deceased persons;
(b) enter the names of the legal heirs of the deceased
persons;
(c) enter the registered transactions of the rights in
land such as sale, gift, partition, etc.;
(d) make all entries of the mortgages in the land
records;
(e) delete the entries of mortgages in case the
lending agency issues letter towards full payment of
loans taken through registered reconveyance of
mortgaged property deeds;
(f) make necessary entries in respect of all prevalent
forest laws; (g) make necessary entries in case of the
Government land;
(h) make necessary entries in respect of assets on
the land like buildings, trees, wells, etc.;
(i) make necessary entries of share-croppers in the
land;
(j) make necessary crops; and entries of crops grown
or sown and the area of such
(k) any other relevant entries.
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16.17. A reading of the above would indicate that in
order to bring about transparency in the
methodology of acquisition, the parliament has
categorically even prescribed a general form of
preliminary notification. Though certain aspects
as regards social impact assessment,
resettlement etc. would not be applicable to
NHAI, the said form makes it clear that the
preliminary notification needs to contain the
serial number, survey number, type of title,
type of land with the number of trees along
with variety thereof, the area under acquisition,
name and address of the person interested in
land, as also the boundaries thereof including
the details of the structure with the type and
plinth area.
16.18. I am of the considered opinion that these
details which have been mandated in terms of
Form-2 of the aforesaid Rules could be made
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use of by NHAI and those details published in a
preliminary notification under Subsection (1) of
Section 3A of the NHA Act, which would provide
transparency in the acquisition proceedings and
also not give rise to the objections raised by the
petitioners in the present matter. This also
being for the reason that the acquisition earlier
initiated for the very same project by NHAI
having been quashed, is now required to be
quashed for the second time on account of
NHAI not following the due procedure and
making available the necessary details. If at all
those details had been so furnished, the
petitioners could not have raised such a ground
nor would this court have interceded in the
matter.
16.19. Hence I answer point number 1 by holding
that a brief description of the land
required to be contained in a Notification
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issued under Subsection (1) of Section 3A
of the National Highway Act would not
only have to include the survey number
and the extent proposed to be acquired, it
would require other details like the type of
title, type of land, total extent of land,
area under acquisition, name and address
of the person interested, the boundaries of
the survey number, as also the boundaries
of the proposed land to be acquired. In the
event of there being any buildings, the
nature of the buildings, the extent and
measurement of the building ae also to be
mentioned so as to enable the landowner
to submit his meaningful objections to the
proposed acquisition.
16.20. I answer Point no.2 by holding that the
making available of the detailed plan in
the office of the SLAO, NHAI and
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permitting inspection thereof would not be
sufficient compliance with the requirement
of the principles of natural justice in
putting on notice the land loser of the
extent of land that is proposed to be
acquired, if the details as indicated in my
answer to Point No.1 were not contained
in the said plans.
17. ANSWER TO POINT No.3: Whether while
considering the objections filed by the land
loser, the SLAO would have to consider each
and every objection/s raised by the land loser
or could the SLAO reject the objections filed by
the land loser on the ground that the
implementation of the project of the NHAI is in
the larger public interest?
17.1. The petitioners - land losers have filed
objections to the notification under Sub-Rule(1)
of Rule 3A of the Rules. Most of the objections
are again centered around the details of the
land proposed to be acquired not being
mentioned, there being several owners of the
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land, it is not clear as to whose land is
proposed to be acquired. The land standing in
the name of different owners, only the main
survey number has been mentioned without the
sub-survey numbers being mentioned.
17.2. Therefore, it was contended that the notification
is not published properly. The details which
were furnished as regards the improvements
which have been made on the land, the
existence of various trees, houses, shops,
pump sets, and other aspects relating to the
land, as also the nature of crops which were
being grown and the status of those crops,
including fruit-bearing trees, etc. It was further
contended that, there are barren lands situated
in different locations which could be used for
the purpose of project, and the fertile land of
the petitioners not been made use of for the
same.
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17.3. This being sample of the objections filed by
landowners, the order passed under Sub-
Section(2) of Section 3(C) is a common order,
which is extracted hereinbelow for easy
reference:
Office of the Special Land Acquisition Officer Belagavi,
Behind SBI lane, Opp Shivam Residency, Sharda Enclave,
2nd floor, Plot No.255, CTS No.9216, Shivbasav Nagar,
Belagavi 590010.
Phone:0831-2475888 Email:[email protected]
No: LAQ/BRR/CR-782/2022-23 Dated:28-06-2023
To,
Shri/Smt 1.Laxman S/o Ningappa Punnajiche
2. Ashok S/o Nigappa Punnajiche
3. Gopal S/o Ninagappa Punnajiche
Tq & Dist: Belagavi, R/o. Uchangan
Sub: Acquisition of land for construction of Belagavi By
pass (Ring Road) Coming in R.S.No.320/5,325/1,325/6
Village: Uchagaon Tq: Belagavi
Ref: 1) Section 3-C(2) of National Highways Act, 1956.
2) Your objection letter dated 31-10-2022
Sir.
In your objection letter dated 31-10-2022 for
acquisition of land for construction of Belagavi Ring Road on
notification u/s.3A(1) of NH-Act 1956 published in newspaper
on 13-10-2022 you have denied the acquisition of the suit
land. The contents of the application were read over during
the time of enquiry held on 03-02-2023.
The portion of the land along with the other adjoining
lands are required for construction of Belagavi Ring Road for
the use of General Public and as well as development of
Belagavi city and around the area. The proposed Ring road
will also reduce the pressure of Transport and smooth
travelling.
Hence your request is not considered and your
objection/application is disposed off accordingly.
Yours faithfully;
Special Land Acquisition Officer,
NHA-1, Belagavi.
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17.4. Similarly, the orders passed as regards other
landowners in the writ petitions which are
before this Court. As can be seen, it is only the
addressees whose details are changed and the
date of objections which are changed, while the
reasoning given by the SLAO is a copy-paste
job in all the orders.
17.5. None of the contentions which have been raised
by the land losers have been adverted to and
dealt with by the SLAO. In fact, even as regards
the contention that the details of the
landowners have not been mentioned, which
now as contended is not required to be
mentioned, but a plan could be inspected has
not been covered in the order of the SLAO. The
SLAO has only stated that the contents of the
objections were read over during the time of
enquiry and that the portion of the land, along
with adjoining lands, being required for
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construction of the Belagavi Ring Road for the
use of general public as well as the
development of Belagavi city and around. The
proposed ring road would also reduce pressure
of transport and facilitate smooth travelling, as
stated, "Your request is not considered, and
your objection/application is disposed of
accordingly."
17.6. Whenever any objections are filed by a land
loser to a notification for acquisition, the least
that the SLAO is required to do is to consider
the objection on merits and pass an order
either accepting or rejecting the objections, and
in both the cases the same would have to be
accompanied by reasons.
17.7. More so when
17.7.1. The right to property guaranteed
under the Constitution, more
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particularly under Article 300A of the
Constitution is sought to be negated
by the State by exercise of powers
of eminent domain.
17.7.2. As also the beneficiary of the
acquisition may be deprived of the
land on account of acceptance of the
objections by the landowner.
17.8. Both the interests though run counter to each
other, the order of the SLAO is required to be
such that the interests of both are to be
protected and the principles of Rule of Law
which also included the principles of natural
Justice are adhered to.
17.9. I am of the considered opinion, the manner in
which the SLAO has dealt with the objections is
completely contrary to the requirements of the
law.
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17.10. It is rather sad for this Court to observe that
the SLAO was not even able to point out the
extent of land which is proposed to be acquired
and the survey number, and the person from
whom it is being acquired, but has chosen to
reject the objections on perfunctory grounds
without dealing with the objections filed by the
land losers.
17.11. Such an action on the part of the SLAO cannot
be said to be a humane, participative, informed
and transparent process of acquisition. In my
considered opinion, the manner in which the
orders have been passed is completely
inhumane, non-participative, and non-
transparent. Hence I answer point no.3 by
holding that the order passed by the SLAO is
not proper and hence the final notification could
not have been issued on that basis.
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18. General Directions:
18.1. The manner in which the above litigation has
ensued and the manner in which NHAI has
issued notifications, cannot be said to be done
in a transparent manner.
18.2. I am of the considered opinion that, by
harnessing today's technology, the acquiring
authority like NHAI can make the acquisition
proceedings more transparent by making
available all the details regarding the
acquisition, from inception till the culmination
to all concerned by web-hosting the same on
the public website of the NHAI
18.3. The entire plan and alignment of the proposed
road or proposed widening of the road with all
details would have to be uploaded on the
website.
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18.4. The NHAI can web-host the notification under
Sub-Section 3A with the survey numbers being
shown therein along with details afore
indicated. By clicking on the survey number,
the various details relating to that survey
number could be accessed including the extent
of land proposed to be acquired with the sketch
of the said survey number with the portion
proposed to be acquired clearly demarcated
with the extent, boundaries and measurements
on all sides.
18.5. When a particular survey number is clicked, all
proceedings in respect of the said survey
number like the joint measurement,
inspection, survey, objections filed by the land
owner, notices issued, orders passed by the
concerned authority etc., could be made
available, which could be accessed by all the
concerned including the land loser.
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18.6. The NHAI can web-host the notification under
Sub-Section 3D with the survey numbers being
shown therein along with details afore
indicated. By clicking on the survey number,
the various details relating to that survey
number could be accessed including the extent
of land finally acquired with the sketch of the
said survey number with the portion acquired
clearly demarcated with the extent, boundaries
and measurements on all sides.
18.7. The award passed in respect of each survey
number or a common award, details of
disbursement made etc., would also have to be
made available on the website which could be
accessed by all the concerned including the
land loser.
18.8. The details of awards passed under Section
3(g), challenge to the award passed under
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Section 3(g), if any made, etc., and such other
orders, could also be uploaded.
18.9. If there are litigations filed, the details of
litigations hyperlinked to the orders passed in
those litigations could also be uploaded, in view
of the orders of the High Court as also the Trial
Court being available in the electronic format
on the website of the Hight Court or the Civil
Court, the links to the said orders/judgements
would have to be provided, and or the
orders/judgements could be uploaded on the
website of NHAI for each survey number.
18.10. It would also be required that the competent
authorities under the NHAI and SLAO's office
are connected/integrated with the Kaveri and
Bhoomi software in the State of Karnataka,
with Application Programming Interface's (APIs)
being provided by the State to the concerned
authorities, so as to enable access to all
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revenue documents, registered sale deeds,
guideline value of the properties fixed, so as to
enable the concerned to consider the latest
documents for passing such orders as may be
required.
18.11. Entries of the acquisition notification would
have to be made in the respective revenue
records, encumbrance certificates and such
other documents as may be required to put on
notice the general public initially of the
proposed acquisition and subsequently of the
acquisition completed, if and so completed. It
the acquisition is given up necessary entries to
that effect also to be made.
18.12. All the documents which are uploaded to be
date and time stamped so as to avoid any
allegations of manipulation.
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18.13. Going forward, it could be considered if all the
above are block chain enabled so as to maintain
the security of the documents and the process.
18.14. The acquisition proceedings cannot be
conducted in an opaque manner when the
constitutional right to the property could be
negated by such acquisition. The above would
make available all the details to the land loser
and all concerned, so as to enable them to
make informed choices, decision and informed
submissions.
18.15. If the above aspects are taken into
consideration and all the data and details are
made available to the land loser, the probability
of challenge being made could also reduce.
18.16. These are but a few suggestions the concerned
could look into this, consider the same and
come up with a robust system to cater the
requirements.
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19. ANSWER TO POINT No.3: What Order?
19.1. In view of my answers to points No.1 to 3, I
pass the following:
ORDER
i. The writ petitions are allowed.
ii. The preliminary notification
dated 13.09.2022 and 24.08.2023,
bearing No.S.O.No.4820(E) published
on 13.10.2022, issued by respondent
No.3 at Annexure-A, as also the final
notification dated 28.06.2023 bearing
No.S.O.No.2807(E) issued by
respondent No.3 and published
on 04.08.2023, are quashed insofar
as the lands of the respective
petitioners are concerned, as
detailed in paragraph No.18 above.
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iii. Liberty is reserved to the NHAI to
initiate fresh acquisition proceedings by
strictly complying with the applicable
Laws and Rules and taking into
consideration the aim and objectives of
the Right to Fair Compensation and
Transparency in Land Acquisition,
Rehabilitation and Resettlement Act
2013 and the Rules made thereunder.
Sd/-
(SURAJ GOVINDARAJ)
JUDGE
LN,GAB
