Karnataka High Court
The Managing Director vs Mallappa S/O. Bhimappa Ghalabi on 4 September, 2019
Author: S.Sunil Dutt Yadav
Bench: S. Sunil Dutt Yadav
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 04 T H DAY OF SEPTEMBER, 2019
BEFORE
THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
WP No.102857/2018 (LA-RES) C/W WP Nos.102859/2018,
102860/2018, 102945/2018, 103366/2018, 103367/2018,
103374/2018, 103376/2018, 103364/2018, 103368/2018,
103373/2018, 103380/2018, 102856/2018, 102858/2018,
102862/2018, 102863/2018, 102944/2018, 102946/2018,
102947/2018, 102948/2018, 102949/2018, 103363/2018,
103365/2018, 103369/2018, 103370/2018, 103371/2018,
104628/2018, 103372/2018, 103375/2018, 103377/2018,
103378/2018, 103379/2018, 103381/2018 & 103382/2018
IN WP No.102857/2018:
BETWEEN
1. THE MANAGING DIRECTOR
HUBLI DHARWAD BRTS CO. LTD.,
1ST FLOOR, KSFC BUILDING,
RAYAPUR, DHARWAD 580009.
2. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., 1ST FLOOR,
KSFC BUILDING, RAYAPUR,
DHARWAD 580009. ... PETITIONERS
(BY SRI. C V ANGADI, ADV.)
2
AND
1. SUNDARLAL S/O SADIRAM MAHAJAN
AGE:82 YEARS
OCC:BUSINESS,
R/O. SHIVAGANGAKRUPA,
100. ANAND NAGAR ROAD,
SIDDHARU NAGAR,
OLD HUBBALLI,
HUBBALLI - 580024.
2. EXECUTIVE ENGINEER,
KARNATAKA ROAD DEVELOPMENT CORPORATION,
PLANNING OFFICE, #35, III MAIN ROAD,
DOLLARS COLONY, GOKUL ROAD, NEAR
VATSALAYA HOSPITAL,
HUBBALLI-580 030. ... RESPONDENTS
(BY R.1 AND R.2 NOTICE DISPENSED WITH)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING THIS COURT QUASH
THE JUDGMENT DATED:13.09.2017 PASSED BY THE IIND
ADDITIONAL SENIOR CIVIL JUDGE, DHARWAD IN LAC
NO.34/2016 (ANNEXURE-A).
IN WP No.102859/2018:
BETWEEN
1. THE MANAGING DIRECTOR
HUBLI DHARWAD BRTS CO. LTD.,
1ST FLOOR, KSFC BUILDING,
RAYAPUR, DHARWAD 580009.
2. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., 1ST FLOOR,
KSFC BUILDING, RAYAPUR,
DHARWAD 580009. ... PETITIONERS
(BY SRI. C V ANGADI, ADV.)
3
AND:
1. GANGADHAR URF RAMESH
S/O SANGAPPA BELERI
R/O:SANGAPPA BELERI
R/O:HANDIGO COMPOUND
NEAR HUBLI TOLL NAKA
DHARWAD-580004.
2. EXECUTIVE ENGINEER
KARNATAKA ROAD DEVELOPMENT CORPORATION,
PLANNING OFFICER, #35 III MAIN ROAD,
DOLLARS COLONY, GOKUL ROAD,
NEAR VATSALAYA HOSPITAL
HUBBALLI-580030.
3. THE PRINCIPAL SECRETARY/SECRETARY TO
GOVERNMENT, REVENUE DEPARTMENT,
M.S.BUILDING, BENGALURU ... RESPONDENTS
(BY SRI. SHREEVATSA HEGDE, ADV. FOR R1,
NOTICE TO R.2 IS DISPENSED WITH V/O DTD: 04.09.2019,
SMT. SEEMA SHIVA NAIK, AGA FOR R.3)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING THIS COURT QUASH
THE JUDGMENT DTD: 13.09.2017 PASSED BY THE II ADDL.
SENIOR CIVIL JUDGE, DHARWAD IN LAC NO.1/2017
(ANNEXURE-A).
IN WP No.102860/2018:
BETWEEN
1. THE MANAGING DIRECTOR
HUBLI DHARWAD BRTS CO. LTD.,
1ST FLOOR, KSFC BUILDING,
RAYAPUR, DHARWAD 580009.
2. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., 1ST FLOOR,
KSFC BUILDING, RAYAPUR,
DHARWAD 580009. ... PETITIONERS
(BY SRI. C V ANGADI, ADV.)
4
AND
1. NEELAVVA W/O SANNAMALLAYYA MATHAPATHI
AGE: MAJOR, R/O: RAYAPUR,
DIST: DHARWAD-580009.
2. BASAYYA S/O SANNAMALLAYYA MATHAPATHI
AGE: MAJOR, R/O: RAYAPUR,
DIST: DHARWAD-580009.
3. SHIVAPUTRAYYA S/O SANNAMALLAYYA MATHAPATHI
AGE: MAJOR, R/O: RAYAPUR,
DIST: DHARWAD-580009
4. GURUSIDDAYYA S/O SANNAMALLAYYA MATHAPATHI
AGE: MAJOR, R/O: RAYAPUR,
DIST: DHARWAD-580009
5. SHANTAVVA W/O VIRUPAKSHAYA SUTAATTIMATH
AGE: MAJOR, R/O: RAYAPUR,
DIST: DHARWAD-580009
6. IRAVVA W/O PARAPPA @ PARAYYA PUJAR
AGE: MAJOR, R/O: RAYAPUR,
DIST: DHARWAD-580009
7. DRAKSHAYANI W/O SHIVANAND BABALADIMATH
AGE: MAJOR, R/O: RAYAPUR,
DIST: DHARWAD-580009
8. SIDLINAYYA S/O SANNAMALLAYYA MATHAPATI
AGE: MAJOR, R/O: RAYAPUR,
DIST: DHARWAD-580009.
(PETITIONER NO.1 TO 7
ARE REP BY THEIR P.A. HOLDER
PETITION NO.8)
9. SANGAVVA W/O GURUPADAYYA MATHAPATI
AGE: MAJOR, R/O: RAYAPUR,
DIST: DHARWAD-580009.
10. PARAYYA S/O DODDAMALLAYYA MATHAPATI
AGE: MAJOR, R/O: RAYAPUR,
DIST: DHARWAD-580009.
5
11. BASAYYA S/O IRAYYA MATHAPATI
AGE: MAJOR, R/O: RAYAPUR,
DIST: DHARWAD-580009.
12. MAHANTAYYA S/O IRAYYA MATHAPATI
AGE: MAJOR, R/O: RAYAPUR,
DIST: DHARWAD-580009.
13. SIDDAYYA S/O DODDAMLLAYYA
AGE: MAJOR, R/O: RAYAPUR,
DIST: DHARWAD-580009.
14. SHIVAYYA @ SHIVAYOGI S/O IRAYYA MATHAPATI
SINCE MINOR BY HIS NEXT
FRIEND HIS MOTHER
PARAVVA W/O IRAYYA MATHAPATI
AGE: MAJOR, R/O: RAYAPUR,
DIST: DHARWAD-580009.
15. SOMAYYA S/O DODDAMALLYYA MATHAPATI
AGE: MAJOR, R/O: RAYAPUR,
DIST: DHARWAD-580009.
(PETITIONER NO.9 TO 14) ARE
REP BY THEIR GPA HOLDER
PETITOINER NO.15)
AGE: PETITONER NO.1 TO 13 AND 15 ARE MAJORS,
PETITOENR NO.14 IS MINOR BY HIS NEXT FRIEND HIS
MOTHER PARAVVA W/O IRAYYA MATHAPATI
OCC:AGRICULTURE,
ALL R/O: RAYAPUR, DHARWAD-580009.
16. EXECUTIVE ENGINEER
KARNATA ROAD DEVELOPMENT CORPORATION,
PLANNING OFFICE, #35, III MAIN ROAD, DOLLARS
COLONY, GOKUL ROAD,
NEAR VATSALAYA HOSPITAL
HUBBALLI-580 030. ... RESPONDENTS
(BY R.1, R.2, R.4 TO R.5 ARE SERVED BUT UNREPRESENTED,
NOTICE TO LRS OF DECEASED R.3 IS DISPENSED
WITH V/O DTD:04.09.2019)
6
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING THIS COURT QUASH
THE JUDGMENT DATED:13.09.2017 PASSED BY THE IIND
ADDITIONAL SENIOR CIVIL JUDGE, DHARWAD IN LAC
NO.33/2016 (ANNEXURE-A).
IN WP No.102945/2018:
BETWEEN
1. THE MANAGING DIRECTOR
HUBLI DHARWAD BRTS CO. LTD.,
1ST FLOOR, KSFC BUILDING,
RAYAPUR,
DHARWAD 580009.
2. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., 1ST FLOOR,
KSFC BUILDING, RAYAPUR,
DHARWAD 580009. ... PETITIONERS
(BY SRI. C V ANGADI, ADV.)
AND
1. DINESH S/O BABURAO DEVADIGA
AGE: 53 YEARS, OCC: BUSINESS,
R/O: NEAR LAXMI TALKIES,
OPP: GAONKAR PETROL BUNK,
P.B.ROAD, DHARWAD-580001.
2. PRAKASH S/O BABURAO DEVADIGA
AGE: 48 YEARS,
OCC: BUSINESS,
R/O: NEAR LAXMI TALKIES,
OPP: GAONKAR PETROL BUNK,
P.B.ROAD,
DHARWAD-580001. ... RESPONDENTS
(BY R.2 IS SERVED BUT UNREPRESENTED,
R.1 DISPENSED WITH V/O DTD:04.09.2019)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING THIS COURT QUASH
7
THE JUDGMENT DTD:07.11.2017 PASSED BY THE II ADDL.
SENIOR CIVIL JUDGE, DHARWAD IN LAC NO.29/2016
(ANNEXURE-A).
IN WP No.103366/2018:
BETWEEN
1. THE MANAGING DIRECTOR
HUBLI DHARWAD BRTS CO. LTD.,
1ST FLOOR, KSFC BUILDING,
RAYAPUR,
DHARWAD 580009.
2. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., 1ST FLOOR,
KSFC BUILDING, RAYAPUR,
DHARWAD 580009. ... PETITIONERS
(BY SRI. C V ANGADI, ADV.)
AND
1. BHEEMRAO S/O. SHIVAPPA SORTUR
AGE:80 YEARS, OCC:AGRICULTURE,
R/O. "VISHWAKARMA NILAY",
YALAKKI SHETTAR COLONY,
DHARWAD-580004.
2. PARAVVA @ PARVATI W/O. HANUMANT SORTUR
AGE:57 YEARS, OCC:HOUSEHOLD,
R/O. SORTUR GARDEN,
YALAKKI SHETTAR COLONY,
DHARWAD-580004.
3. VINAY S/O. HANUMANT SORTUR
AGE:27 YEARS, OCC:BUSINESS,
R/O. SORTUR GARDEN,
YALAKKI SHETTAR COLONY,
DHARWAD-580004.
4. GAYATHRI D/O. HANUMANT SORTUR
AFTER MARRIAGE,
GAYATRI W/O. MANJUNATH POTADAR,
AGE:24 YEARS, OCC:HOUSEHOLD,
8
R/O. SORTUR GARDEN,
YALAKKI SHETTAR COLONY,
DHARWAD-580004.
5. NAGARAJ S/O. HANUMANT SORTUR
AGE:22 YEARS, OCC:HOUSEHOLD,
R/O. SORTUR GARDEN,
YALAKKI SHETTAR COLONY,
DHARWAD-580004.
6. KALLAVVA W/O. SUBHARAO SORTUR
AGE:57 YEARS, OCC:HOUSEHOLD,
R/O. AJJAPPA KEMPPAYYANAVAR,
DIVATE GALLI, AT:SAVADATTI,
TQ:SAVADATTI, DIST:BELAGAVI.
7. THE EXECUTIVE ENGINEER
KARNATAKA ROAD DEVELOPMENT CORPORATION LTC.,
(KRDCL), NEAR NEW KSRTC BUS STAND
GOKUL, ROAD, HUBBALLI.
8. THE CHIEF ENGINEER
KARNATAKA ROAD DEVELOPMENT CORPORATION LTD.,
(KRDCL),
# 16, G MILLER TANK BED AREA, THIMMAIAH ROAD
CROSS, BENGALURU-560052.
9. THE GOVERNMENT OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF URBAN DEVELOPMENT,
M.S.BUILDING/ VIKASA SOUDHA
BENGALURU. ... RESPONDENTS
(BY R.2,3,4,6,8 ARE SERVED BUT UNREPRESENTED,
R.5,7 AND R.9 ARE DISPENSED WITH
V.O DTD:04.09.2019)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING THIS COURT QUASH
THE JUDGMENT DTD:13.09.2017 PASSED BY THE II-ADDL.
SENIOR CIVIL JUDGE, DHARWAD IN LAC NO.26/2016
(ANNEXURE-A) AND ETC.
9
IN WP No. 103367/2018:
BETWEEN
1. THE MANAGING DIRECTOR
HUBLI DHARWAD BRTS CO. LTD.,
1ST FLOOR, KSFC BUILDING,
RAYAPUR, DHARWAD 580009.
2. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., 1ST FLOOR,
KSFC BUILDING, RAYAPUR,
DHARWAD 580009. ... PETITIONERS
(BY SRI. C V ANGADI, ADV.)
AND
1. ARUN S/O. JINNAPPA GHATGE
REP BY GPA HOLDER,
JINNAPPA S/O. UDAPPA GHATGE,
AGE:53 YERS,
OCC:AGRICULTURE AND SERVICE,
R/O. "MADAN", YALLAKKISHETTAR COLONY,
DHARWAD-580004.
2. THE EXECUTIVE ENGINEER
(FOR B.R.T.S. PROJECT)
K.R.D.C.L DOLLARS COLONY
GOKUL ROAD, HUBBALLI-560030
3. THE CHIEF ENGINEER
NATIONAL HIGHWAYS AUTHORITY
K.R.D.C.L BENGALURU
4. THE PRINCIPAL SECRETARY
PUBLIC WORKS DEPARTMENT
M.S.BUILDING.
BENGLAURU. ... RESPONDENTS
(BY SMT. SEEMA SHIVA NAIK, AGA FOR R.4,
R.2 IS SERVED BUT UNREPRESENTED,
NOTICE TO R.1 AND R.3 IS DISPENSED WITH
V/O DTD: 04.09.2019)
10
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING THIS COURT QUASH
THE JUDGMENT DTD: 13.09.2017 PASSED BY THE II ADDL.
SENIOR CIVIL JUDGE, DHARWAD IN LAC NO.19/2016
(ANNEXURE-A)
IN WP No.103374/2018:
BETWEEN
1. THE MANAGING DIRECTOR
HUBLI DHARWAD BRTS CO. LTD.,
1ST FLOOR, KSFC BUILDING,
RAYAPUR,
DHARWAD 580009.
2. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., 1ST FLOOR,
KSFC BUILDING, RAYAPUR,
DHARWAD 580009. ... PETITIONERS
(BY SRI. C V ANGADI, ADV.)
AND
1. SAVITRI W/O. RACHAPPA INDI
AGE:80 YERS, OCC:BUSINESS,
R/O. INDI PETROL PUMP,
OLD HUBBALLI, HUBBALLI-580024.
2. RAJASHEKHAR S/O. GURUSIDDAPPA INDI
AGE:73 YERS, OCC:BUSINESS,
R/O. INDI PETROL PUMP,
OLD HUBBALLI, HUBBALLI-580024.
3. SHIVANAND S/O. GURUSIDDAPPA INDI
AGE:61 YERS, OCC:BUSINESS,
R/O. INDI PETROL PUMP,
OLD HUBBALLI, HUBBALLI-580024.
4. SHASHIDAR S./O. GURUSIDDAPPA INDI
AGE:56 YERS, OCC:BUSINESS,
R/O. INDI PETROL PUMP,
OLD HUBBALLI, HUBBALLI-580024. ... RESPONDENTS
11
(BY SRI. ARAVIND D KULKARNI, ADV. FOR R2-R4,
NOTICE TO LEGAL REPRESENTATIVES OF DECEASED
R.1 IS DISPENSED WITH V/O DTD:04.09.2019)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING THIS COURT
QUASH THE ORDER DTD: 04.11.2017 PASSED BY THE II-ADDL.
SENIOR CIVIL JUDGE, DHARWAD IN LAC NO.39/2016
(ANNEXURE-A).
IN WP No. 103376/2018:
BETWEEN
1. THE MANAGING DIRECTOR
HUBLI DHARWAD BRTS CO. LTD.,
1ST FLOOR, KSFC BUILDING,
RAYAPUR, DHARWAD 580009.
2. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., 1ST FLOOR,
KSFC BUILDING, RAYAPUR,
DHARWAD 580009. ... PETITIONERS
(BY SRI. C V ANGADI, ADV.)
AND
1. SAVITRI W/O RACHAPPA INDI
AGE:80 YERS,OCC:BUSINESS,
R/O. INDI PETROL PUMP,
OLD HUBBALLI,HUBBALLI-580024.
2. RAJASHEKHAR S/O GURUSIDDAPPA INDI
AGE:73 YERS,OCC:BUSINESS,
R/O. INDI PETROL PUMP,
OLD HUBBALLI,HUBBALLI-580024.
3. SHIVANAND S/O GURUSIDDAPPA INDI
AGE:61 YERS,OCC:BUSINESS,
R/O. INDI PETROL PUMP,
OLD HUBBALLI, UBBALLI-580024.
4. SHASHIDAR S/O GURUSIDDAPPA INDI
12
AGE:56 YERS,OCC:BUSINESS,
R/O. INDI PETROL PUMP,
OLD HUBBALLI, HUBBALLI-580024. ... RESPONDENTS
(BY SRI. ARAVIND D KULKARNI, ADV. FOR R2-R4,
NOTICE TO LEGAL REPRESENTATIVES OF DECEASED
R.1 IS DISPENSED WITH V/O DTD:04.09.2019)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING THIS COURT
QUASH THE ORDER DTD: 04.11.2017 PASSED BY THE II-ADDL.
SENIOR CIVIL JUDGE, DHARWAD IN LAC NO.28/2016
(ANNEXURE-A).
IN WP No.103364/2018:
BETWEEN
1. THE MANAGING DIRECTOR
HUBLI DHARWAD BRTS CO. LTD.,
1ST FLOOR, KSFC BUILDING,
RAYAPUR, HARWAD 580009.
2. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., 1ST FLOOR,
KSFC BUILDING, RAYAPUR,
DHARWAD 580009. ... PETITIONERS
(BY SRI. C V ANGADI, ADV.)
AND
SURESH SHEKHARAPPA CHINDI
AGE:37 YEARS,
OCC:PROPRIETOR,
M/S. BHAVANI INDUSTRIES AND ENTERPRISES,
R/O. NO.29, PRASHANT COLONY,
VIDYANAGAR, HUBBALLI-580021. ... RESPONDENT
(BY SRI. PRAKASH ANDANIMATH AND
SRI. SUNIL S DESAI, ADVS.)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING THIS COURT QUASH
13
THE JUDGMENT DTD:04.11.2017 PASSED BY THE II ADDL.
SENIOR CIVIL JUDGE, DHARWAD IN LAC NO.38/2016
(ANNEXURE-A)
IN WP No.103368/2018:
BETWEEN
1. THE MANAGING DIRECTOR
HUBLI DHARWAD BRTS CO. LTD.,
1ST FLOOR, KSFC BUILDING,
RAYAPUR, HARWAD 580009.
2. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., 1ST FLOOR,
KSFC BUILDING, RAYAPUR,
DHARWAD 580009. ... PETITIONERS
(BY SRI. C V ANGADI, ADV.)
AND
1. BHEEMRAO S/O. SHIVAPPA SORTUR
AGE:80 YEARS, CC:AGRICULTURE,
R/O. "VISHWAKARMA NILAY",
YALAKKI SHETTAR COLONY, HARWAD-580004.
(AMENDMENT CARRIED OUT AS PER THE
C.O.DTD:04.09.2019).
1.A MANJUNATH BHEEMARAO SORTUR,
AGE: 43 YEARS,
OCC: AGRICULTURE,
R/O. "VISHWAKARMA NILAY",
YALAKKI SHETTAR COLONY,
DHARWAD-580004.
1.B NETRAVATI C PATTAR,
AGE: 39 YEARS,
OCC: HOUSEHOLD WORK,
R/O. "VISHWAKARMA NILAY",
YALAKKI SHETTAR COLONY,
DHARWAD-580004.
1.C DATTATRAYA BHEEMARAO SORTUR,
14
AGE: 36 YEARS, OCC: AGRICULTURE,
R/O. "VISHWAKARMA NILAY",
YALAKKI SHETTAR COLONY,
DHARWAD-580004.
2. THE EXECUTIVE ENGINEER,
KARNATAKA ROAD DEVELOPMENT CORPORTION
LTD.,(KRDCL)
NEAR NEW KSRTC BUS STAND
GOKUL ROAD, HUBBALLI.
3. THE CHIEF ENGINEER,
KARNATAKA ROAD DEVELOPMENT CORPORTION
LTD.,(KRDCL)
#16, G MILLER TANK BED AREA, THIMMAIAH ROAD
CROSS,
BENGALURU-560052.
4. THE GOVERNMENT OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
M.S.BUILDING/VIKASA SOUDHA,
BENGALURU. ... RESPONDENTS
(BY SRI. V K SAVADI, ADV. FOR R1, R5 TO R7,
R.2 AND R.3 NOTICE DISPENSED WITH,
SMT. SEEMA SHIVA NAIK, AGA FOR R.4)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING THIS COURT QUASH
THE JUDGMENT DTD:13.09.2017 PASSED BY THE II ADDL.
SENIOR CIVIL JUDGE, DHARWAD IN LAC NO.13/2016
(ANNEXURE-A).
IN WP No. 103373/2018:
BETWEEN
1. THE MANAGING DIRECTOR
HUBLI DHARWAD BRTS CO. LTD.,
1ST FLOOR, KSFC BUILDING,
RAYAPUR, HARWAD 580009.
2. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
15
CORPORATION LTD., 1ST FLOOR,
KSFC BUILDING, RAYAPUR,
DHARWAD 580009. ... PETITIONERS
(BY SRI. C V ANGADI, ADV.)
AND
1. BHEEMRAO S/O. SHIVAPPA SORTUR
AGE:80 YEARS,
OCC:AGRICULTURE,
R/O. "VISHWAKARMA NILAY",
YALAKKI SHETTAR COLONY,
DHARWAD-580004.
(AMENDMENT CARRIED OUT AS PER THE
C.O.DTD:04.09.2019).
1.A MANJUNATH BHEEMARAO SORTUR,
AGE: 43 YEARS,
OCC: AGRICULTURE,
R/O. "VISHWAKARMA NILAY",
YALAKKI SHETTAR COLONY,
DHARWAD-580004.
1.B NETRAVATI W/O RAMESH PATTAR,
AGE: 39 YEARS,
OCC: HOUSEHOLD WORK,
R/O. "VISHWAKARMA NILAY",
YALAKKI SHETTAR COLONY,
DHARWAD-580004.
1.C DATTATRAYA BHEEMARAO SORTUR,
AGE: 36 YEARS, OCC: AGRICULTURE,
R/O. "VISHWAKARMA NILAY",
YALAKKI SHETTAR COLONY,
DHARWAD-580004.
2. THE EXECUTIVE ENGINEER,
KARNATAKA ROAD DEVELOPMENT CORPORTION
LTD.,(KRDCL)
NEAR NEW KSRTC BUS STAND
GOKUL ROAD, HUBBALLI.
3. THE CHIEF ENGINEER,
16
KARNATAKA ROAD DEVELOPMENT CORPORTION
LTD.,(KRDCL)
#16, G MILLER TANK BED AREA, THIMMAIAH ROAD
CROSS,
BENGALURU-560052.
4. THE GOVERNMENT OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
M.S.BUILDING/VIKASA SOUDHA,
BENGALURU. ... RESPONDENTS
(BY SRI. V K SAVADI, ADV. FOR R1, R5 TO R7,
R.2 AND R.3 NOTICE DISPENSED WITH,
SMT. SEEMA SHIVA NAIK, AGA FOR R.4)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING THIS COURT QUASH
THE JUDGMENT DTD:13.09.2017 PASSED BY THE II ADDL.
SENIOR CIVIL JUDGE, DHARWAD IN LAC NO.15/2016
(ANNEXURE-A).
IN WP No. 103380/2018:
BETWEEN
1. THE MANAGING DIRECTOR
HUBLI DHARWAD BRTS CO. LTD.,
1ST FLOOR, KSFC BUILDING,
RAYAPUR, HARWAD 580009.
2. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., 1ST FLOOR,
KSFC BUILDING, RAYAPUR,
DHARWAD 580009. ... PETITIONERS
(BY SRI. C V ANGADI, ADV.)
AND
1. BHEEMRAO S/O. SHIVAPPA SORTUR
AGE:80 YEARS,
OCC:AGRICULTURE,
R/O. "VISHWAKARMA NILAY",
17
YALAKKI SHETTAR COLONY,
DHARWAD-580004.
(AMENDMENT CARRIED OUT AS PER THE
C.O.DTD:04.09.2019).
1.A MANJUNATH BHEEMARAO SORTUR,
AGE: 43 YEARS,
OCC: AGRICULTURE,
R/O. "VISHWAKARMA NILAY",
YALAKKI SHETTAR COLONY,
DHARWAD-580004.
1.B NETRAVATI W/O RAMESH PATTAR,
AGE: 39 YEARS,
OCC: HOUSEHOLD WORK,
R/O. "VISHWAKARMA NILAY",
YALAKKI SHETTAR COLONY,
DHARWAD-580004.
1.C DATTATRAYA BHEEMARAO SORTUR,
AGE: 36 YEARS, OCC: AGRICULTURE,
R/O. "VISHWAKARMA NILAY",
YALAKKI SHETTAR COLONY,
DHARWAD-580004.
2. THE EXECUTIVE ENGINEER,
KARNATAKA ROAD DEVELOPMENT CORPORTION
LTD.,(KRDCL)
NEAR NEW KSRTC BUS STAND
GOKUL ROAD, HUBBALLI.
3. THE CHIEF ENGINEER,
KARNATAKA ROAD DEVELOPMENT CORPORTION
LTD.,(KRDCL)
#16, G MILLER TANK BED AREA, THIMMAIAH ROAD
CROSS, ENGALURU-560052.
4. THE GOVERNMENT OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
M.S.BUILDING/VIKASA SOUDHA,
BENGALURU. ... RESPONDENTS
(BY SRI. V K SAVADI, ADV. FOR R1, R5 TO R7,
18
R.2 AND R.3 NOTICE DISPENSED WITH,
SMT. SEEMA SHIVA NAIK, AGA FOR R.4)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING THIS COURT QUASH
THE JUDGMENT DATED:13.09.2017 PASSED BY THE IIND
ADDITIONAL SENIOR CIVIL JUDGE, DHARWAD IN LAC
NO.12/2016 (ANNEXURE-"A") AND THIS HON'BLE COURT MAY
BE PLEASED TO GRANT LEAVE TO PROSECUTE THE ABOVE
WRIT PETITON TO THE PETITIONER NO.1.
IN WP No.102856/2018:
BETWEEN
2. THE MANAGING DIRECTOR
HUBLI DHARWAD BRTS CO. LTD.,
1ST FLOOR, KSFC BUILDING,
RAYAPUR, DHARWAD 580009.
2. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., 1ST FLOOR,
KSFC BUILDING, RAYAPUR,
DHARWAD 580009. ... PETITIONERS
(BY SRI. C V ANGADI, ADV.)
AND
1. YALLAPPA S/O RAMACHANDRAPPA TADAS
AGE:89 YEARS, OCC:NIL
R/O.HOSA ONI, HOSAYALLAPUR,
DHARWAD, R/BY HIS GPA HOLDER,
RAJGOUTAM S/O MANOHAR JAKKANNAVAR
AGE:33 YEARS, OCC:SERVICE
R/O.DUNDI ONI, HOSAYALLAPUR, DHARWAD 580001.
2. THE EXECUTIVE ENGINEER
KARNATAKA ROAD DEVELOPMENT CORPORATION LTD.,
(KRDCL)
NEAR NEW KSRTC BUS STAND
GOKUL ROAD, HUBBALI
3. THE CHIEF ENGINEER
19
KARNATAKA ROAD DEVELOPMENT CORPORATION LTD.,
(KRDCL)
# 16, G MILLER TAK BED AREA, THIMMAIAH ROAD
CROSS, BENGALURU-560052.
4. THE GOVERNMENT OF KARANATAKA
REPRESENTATED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF URBAN DEVELOPMENT
M.S.BUILDING/VIKASA SOUDHA,
BENGALURU. ... RESPONDENTS
(BY SRI. LAXMAN T MANTAGANI, ADV. FOR R1,
SMT. SEEMA SHIVA NAIK, HCGP FOR R.4,
NOTICE TO R.2 & R.3 IS DISPENSED WITH)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING THIS COURT QUASH
THE JUDGMENT DATED:13.09.2017 PASSED BY THE II-
ADDITIONAL SENIOR CIVIL JUDGE, DHARWAD IN LAC
NO.5/2017 (ANNEXURE-A).
IN WP No.102858/2018:
BETWEEN
1. THE MANAGING DIRECTOR
HUBLI DHARWAD BRTS CO. LTD.,
1ST FLOOR, KSFC BUILDING,
RAYAPUR, DHARWAD 580009.
2. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., 1ST FLOOR,
KSFC BUILDING, RAYAPUR,
DHARWAD 580009. ... PETITIONERS
(BY SRI. C V ANGADI, ADV.)
AND
1. MAHAVEER S/O. DASHARATH @ TAMMANNA DANOLLI
AGE:61 YEARS, OCC:AGRICULTURE,
R/O. PAVAN NIVAS,
4TH MAIN ROAD, 2ND CROSS,
RAJATAGIRI, DHARWAD-580004.
20
2. EXECUTIVE ENGINEER,
KARNATAKA ROAD DEVELOPMENT CORP.
PLANNING OFFICE, #35, III MAIN ROAD,
DOLLARS COLONY, GOKUL ROAD,
NEAR VATSALAYA HOSPITAL,
HUBBALLI-580 030. ... RESPONDENTS
(BY SRI. B.A DANWADI, & SRI. G.M BHAT, ADV.
FOR R.1, NOTICE TO R2 IS DISPENSED WITH)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING THIS COURT QUASH
THE JUDGMENT DATED:13.09.2017 PASSED BY THE IIND
ADDITIONAL SENIOR CIVIL JUDGE, DHARWAD IN LAC
NO.36/2016 (ANNEXURE-A).
IN WP No. 102862/2018:
BETWEEN
1. THE MANAGING DIRECTOR
HUBLI DHARWAD BRTS CO. LTD.,
1ST FLOOR, KSFC BUILDING,
RAYAPUR,
DHARWAD 580009.
2. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., 1ST FLOOR,
KSFC BUILDING, RAYAPUR,
DHARWAD 580009. ... PETITIONERS
(BY SRI. C V ANGADI, ADV.)
AND
1. MANOHAR S/O MULKI RADHAKRISHNA BHAT
AGE:56, OCC:BUSINESS,
R/O:SACHIDANAND, 4TH CROSS,
SADHANAKERI, DHARWAD 580008
2. UMESH S/O MULKI RADHAKRISHNA BHAT
AGE:54, OCC:SERVICE,
R/O:NAVACHAITANYA NO.11984,
21
OPP:GAONKAR PETROL BUNK,
NEAR LAXMI TALKIES,
P B ROAD, DHARWAD 580001
3. MR.DINESH S/O MULKI
RADHAKRISHNA BHAT
AGE:50, OCC:BUSINESS,
R/O:"APOORVA" NO.19,
IST FLOOR, 2ND CROSS,
PANDURANGA LAYOT,
BHUVANESHWARI NAGAR,
T.DASARAHALLI,
BENGALURU-580057.
4. EXECUTIVE ENGINEER,
KARNATAKA ROAD DEVELOPMENT CORP.
PLANNING OFFICE, #35, III MAIN ROAD,
DOLLARS COLONY, GOKUL ROAD,
NEAR VATSALAYA HOSPITAL,
HUBBALLI-580 030. ... RESPONDENTS
(BY R.1 TO R.3 SERVED,
NOTICE TO R.4 DISPENSED WITH)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING THIS COURT QUASH
THE JUDGMENT DTD:07.11.2017 PASSED BY THE II ADDL.
SENIOR CIVIL JUDGE, DHARWAD IN LAC NO.30/2016
(ANNEXURE-A).
IN WP No. 102863/2018:
BETWEEN
1. THE MANAGING DIRECTOR
HUBLI DHARWAD BRTS CO. LTD.,
1ST FLOOR, KSFC BUILDING,
RAYAPUR, DHARWAD 580009.
2. THE DEPUTY COMMISSIONER,
OF SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., 1ST FLOOR,
KSFC BUILDING, RAYAPUR,
DHARWAD 580009. ... PETITIONERS
22
(BY SRI. C V ANGADI, ADV.)
AND
1. MAHANTAYYA S/O APPAYYA HIREMATH
AGE:57, OCC:AGRICULTURE
R/O:110, K.V.K.E.B. OPP:STATION,
LAKAMANAHALLI,
P.B.ROAD, DHARWAD 580011
2. MALLAYYA S/O APPAYYA HIREMATH
AGE:51 OCC:AGRICULTURE
R/O:110, K.V.K.E.B. OPP:STATION,
LAKAMANAHALLI,
P.B.ROAD, DHARWAD 580011
3. SHANTAYYA S/O APPAYYA HIREMATH
AGE:47 OCC:AGRICULTURE
R/O:110, K.V.K.E.B.
OPP:STATION, LAKAMANAHALLI,
P.B.ROAD, DHARWAD 580011
4. THE EXECUTIVE ENGINEER
KARNATAKA ROAD DEVELOPMENT CORPORATION LTD.,
KRDCL NEAR NEW KSRTC BUS STAND
GOKUL ROAD, HUBALLI. ... RESPONDENTS
(BY SRI. K L PATIL & SRI. S.S BETURMATH,
ADV. FOR R.2 & R.3, NOTICE TO R.4 IS DISPENSED WITH)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING THIS COURT QUASH
THE ORDER DTD:07.11.2017 PASSED BY THE II ADDL. SENIOR
CIVIL JUDGE, DHARWAD IN LAC NO.10/2016 (ANNEXURE-A).
IN WP No.102944/2018:
BETWEEN
1. THE MANAGING DIRECTOR
HUBLI DHARWAD BRTS CO. LTD.,
1ST FLOOR, KSFC BUILDING,
RAYAPUR, DHARWAD 580009.
23
2. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., 1ST FLOOR,
KSFC BUILDING, RAYAPUR,
DHARWAD 580009. ... PETITIONERS
(BY SRI. C V ANGADI, ADV.)
AND
1. PRAKASH S/O NAGAYYA SHETTY
AGE: 56 YEARS, OCC: BUSINESS,
R/O: AT HOTEL OZONE,
OPP: KIADB, WARD NO.20-21,
LAKAMANAHALLI,
P.B. ROAD, DHARWAD,
DIST: DHARWAD-580011.
2. RAMESH S/O NAGAYYA SHETTY
AGE: 51 YEARS, OCC: BUSINESS,
R/O: AT HOTEL OZONE,
OPP: KIADB, WARD NO.20-21,
LAKAMANAHALLI,
P.B. ROAD, DHARWAD,
DIST: DHARWAD-580011.
3. SACHIN S/O SATISHCHANDRA SHETTY
AGE: 34 YEARS, OCC: SERVICE,
R/O: AT HOTEL OZONE,
OPP: KIADB, WARD NO.20-21,
LAKAMANAHALLI,
P.B. ROAD, DHARWAD,
DIST: DHARWAD-580011.
4. SATWICK S/O SATISHCHANDRA SHETTY
AGE: 31 YEARS, OCC: SERVICE,
R/O: AT HOTEL OZONE,
OPP: KIADB, WARD NO.20-21,
LAKAMANAHALLI,
P.B. ROAD, DHARWAD,
DIST: DHARWAD-580011.
5. HEMALATA W/O SURESH HEGDE
AGE: 52 YEARS,
24
OCC: HOUSEHOLD WORK,
R/O: AT HOTEL OZONE,
OPP: KIADB, WARD NO.20-21,
LAKAMANAHALLI,
P.B. ROAD, DHARWAD,
DIST: DHARWAD-580011.
6. SAMARTH S/O SURESH HEGDE
AGE: 31 YEARS, OCC: SERVICE,
R/O: AT HOTEL OZONE,
OPP: KIADB, WARD NO.20-21,
LAKAMANAHALLI,
P.B. ROAD, DHARWAD,
DIST: DHARWAD-580011.
7. VIJAYALAXMI W/O SATISH SHETTY
AGE: 47 YEARS,
OCC: HOUSEHOLD WORK,
R/O: AT HOTEL OZONE,
OPP: KIADB, WARD NO.20-21,
LAKAMANAHALLI,
P.B. ROAD, DHARWAD,
DIST: DHARWAD-580011. ... RESPONDENTS
(BY SRI. SUNIL S DESAI, ADV. FOR R1-R7)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING THIS COURT QUASH
THE ORDER DTD:07.11.2017 PASSED BY THE II ADDL. SENIOR
CIVIL JUDGE, DHARWAD IN LAC NO.35/2016 (ANNEXURE-A).
IN WP No. 102946/2018:
BETWEEN
1. THE MANAGING DIRECTOR
HUBLI DHARWAD BRTS CO. LTD.,
1ST FLOOR, KSFC BUILDING,
RAYAPUR, DHARWAD 580009.
2. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., 1ST FLOOR,
KSFC BUILDING, RAYAPUR,
DHARWAD 580009. ... PETITIONERS
25
(BY SRI. C V ANGADI, ADV.)
AND
1. MANDAKINI W/O SADASHIV KAVALAGI
AGE: MAJOR, OCC: HOUSEHOLD WORK,
R./O: "POOJA BUILDING",
OPP. JSS COLLEGE,
VIDYAGIRI, DHARWAD-580004.
2. THE EXECUTIVE ENGINEER
KARNATAKA ROAD DEVELOPMENT CORPORTATION LTD.,
(KRDCL)
NEAR NEW KSRTC BUS STAND
GOKUL ROAD, HUBBALLI
3. THE CHIEF ENGINEER
KARNATAKA ROAD DEVELOPMENT CORPORTATION LTD.,
(KRDCL)
#16 G MILLER TANK BED AREA, THIMMAIAH ROAD
CROSS, BENGALURU-560052.
4. THE GOVERNMENT OF KARNATAK
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF URBAN DEVELOPMENT
M.S.BUILDING/VIKASA SOUDHA
BENGALURU. ... RESPONDENTS
(BY SRI. V K SAVADI, ADV. FOR R1,
SRI. S.S SEEMA SHIVA NAIK, HCGP FOR R.4,
NOTICE TO R.2 AND R.3 IS DISPENSED WITH)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING THIS COURT QUASH
THE JUDGMENT DATED:13.09.2017 PASSED BY THE IIND
ADDITIONAL SENIOR CIVIL JUDGE, DHARWAD IN LAC
NO.24/2016 (ANNEXURE-A).
26
IN WP No.102947/2018:
BETWEEN
1. THE MANAGING DIRECTOR
HUBLI DHARWAD BRTS CO. LTD.,
1ST FLOOR, KSFC BUILDING,
RAYAPUR,
DHARWAD 580009.
2. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., 1ST FLOOR,
KSFC BUILDING, RAYAPUR,
DHARWAD 580009. ... PETITIONERS
(BY SRI. C V ANGADI, ADV.)
AND
ARUNDHATI W/O MANOHAR KORI
C/O. C.B. MUDHOLKAR,
NO.5 PRASHANT COLONY,
VIDYANAGAR,
HUBBALLI-580031. ... RESPONDENT
(BY SRI. V K SAVADI, ADV.)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING THIS COURT QUASH
THE JUDGMENT DATED:13.09.2017 PASSED BY THE II
ADDITIONAL SENIOR CIVIL JUDGE, DHARWAD IN LAC
NO.25/2016 (ANNEXURE-"A")
IN WP No.102948/2018:
BETWEEN
1. THE MANAGING DIRECTOR
HUBLI DHARWAD BRTS CO. LTD.,
1ST FLOOR, KSFC BUILDING,
RAYAPUR, DHARWAD 580009.
2. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
27
CORPORATION LTD., 1ST FLOOR,
KSFC BUILDING, RAYAPUR,
DHARWAD 580009. ... PETITIONERS
(BY SRI. C V ANGADI, ADV.)
AND
1. K. ANANTKRISHNA RAO S/O SARVOTTAM RAO
AGE: 58 YEARS, OCC: BUSINESS,
R/O: "SARVOTTAM",
OPPOSITE JSS COLLEGE,
VIDYAGIRI, DHARWAD-580004.
2. VINUTA RAO W/O K. ANANTKRISHNA RAO
AGE: 53 YEARS, OCC: HOUSEWIFE,
R/O: "SARVOTTAM",
OPPOSITE JSS COLLEGE, VIDYAGIRI,
DHARWAD-580004. ... RESPONDENTS
(BY SRI. S.S BETURMATH, ADV. FOR R.1 AND R.2)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING THIS COURT QUASH
THE JUDGMENT DATED:13.09.2017 PASSED BY THE IIND
ADDITIONAL SENIOR CIVIL JUDGE, DHARWAD IN LAC
NO.17/2016 (ANNEXURE-"A") AND ETC.
IN WP No.102949/2018:
BETWEEN
1. THE MANAGING DIRECTOR
HUBLI DHARWAD BRTS CO. LTD.,
1ST FLOOR, KSFC BUILDING,
RAYAPUR, DHARWAD 580009.
2. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., 1ST FLOOR,
KSFC BUILDING, RAYAPUR,
DHARWAD 580009. ... PETITIONERS
(BY SRI. C V ANGADI, ADV.)
28
AND
1. ELLAPPA SHIVAPPA KIRESUR
AGE 69 YEARS,
OCC: ADVOCATE & AGRICULTURE,
R/O: H.NO.171, MIG-I,
NEAR MARUTI TEMPLE,
GANDHI NAGAR,
GOKUL ROAD, HUBBALLI-580030.
2. THE EXECUTIVE ENGINEER
KARNATAKA ROAD DEVELOPMENT CORPORTATION LTD.,
(KRDCL)
PLANNING OFFICE, NO.35, III MAIN ROAD,
DOLLARS COLONY,
HUBBALLI-560 030. ... RESPONDENTS
(BY SRI. PRUTHVI K S, ADV. FOR R1,
NOTICE TO R.2 IS DISPENSED WITH)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING THIS COURT QUASH
THE JUDGMENT DATED:13.09.2017 PASSED BY THE IIND
ADDITIONAL SENIOR CIVIL JUDGE, DHARWAD IN LAC
NO.18/2016 (ANNEXURE-"A") AND ETC.
IN WP No.103363/2018:
BETWEEN
1. THE MANAGING DIRECTOR
HUBLI DHARWAD BRTS CO. LTD.,
1ST FLOOR, KSFC BUILDING,
RAYAPUR, DHARWAD 580009.
2. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., 1ST FLOOR,
KSFC BUILDING, RAYAPUR,
DHARWAD 580009. ... PETITIONERS
(BY SRI. C V ANGADI, ADV.)
29
AND
1. MAHESHWARI W/O. BHIMANATH DANTI
AGE:72, OCC:NIL,
R/O. OPP:MODERN HALL,
HUBLI ROAD,
DHARWAD-580030.
2. THE EXECUTIVE ENGINEER,
KARNATAKA ROAD DEVELOPMENT CORPORTION LTD.,
(KRDCL)
NEAR NEW KSRTC BUS STAND,
GOKUL ROAD, HUBBALLI.
3. THE CHIEF ENGINEER,
KARNATAKA ROAD DEVELOPMENT CORPORTION
LTD.,(KRDCL)
#16, G MILLER TANK BED AREA, THIMMAIAH ROAD
CROSS,
BENGALURU-560052.
4. THE GOVERNMENT OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
M.S.BUILDING/VIKASA SOUDHA,
BENGALURU. ... RESPONDENTS
(BY SRI. H R BENTUR, ADV. FOR R1,
MISS. SEEMA SHIVA NAIK, HCGP FOR R.4,
R.2 AND R.3 SERVED)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING THIS COURT QUASH
THE JUDGMENT DATED:02.11.2017 PASSED BY THE IIND
ADDITIONAL SENIOR CIVIL JUDGE, DHARWAD IN LAC
NO.29/2016 (ANNEXURE-"A"). AND THIS HON'BLE COURT MAY
BE PLEASED TO GRANT LEAVE TO PREFER THE WRIT PETITION
TO THE PETITIONER NO.1, WHO IS THE BENEFICIARY OF THE
LAND ACQUISITION, TO CHALLENGE THE JUDGMENT/ORDER
DATED:02.11.2017 PASSED BY THE IIND ADDITIONAL SENIOR
CIVIL JUDGE, DHARWAD IN LAC NO.29/2016 (ANNEXURE-"A").
30
IN WP No.103365/2018:
BETWEEN
1. THE MANAGING DIRECTOR
HUBLI DHARWAD BRTS CO. LTD.,
1ST FLOOR, KSFC BUILDING,
RAYAPUR, DHARWAD 580009.
2. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., 1ST FLOOR,
KSFC BUILDING, RAYAPUR,
DHARWAD 580009. ... PETITIONERS
(BY SRI. C V ANGADI, ADV.)
AND
1. PARAVVA @ PARVATI W/O. HANUMANT SORTUR
AGE:57 YEARS, OCC:HOUSEHOLD,
R/O. SRIDEVI NAGAR,
YALAKKI SHETTAR COLONY, DHARWAD-580004.
2. VINAY S/O. HANUMANT SORTUR
AGE:27 YEARS, OCC:BUSINESS,
R/O. SRIDEVI NAGAR,
YALAKKI SHETTAR COLONY,
DHARWAD-580004.
3. GAYATHRI D/O. HANUMANT SORTUR
AFTER MARRIAGE,
GAYATRI W/O. MANJUNATH POTADAR,
AGE:24 YEARS, OCC:HOUSEHOLD,
R/O. SRIDEVI NAGAR,
YALAKKI SHETTAR COLONY, DHARWAD-580004.
4. NAGARAJ S/O. HANUMANT SORTUR
AGE:22 YEARS, OCC:HOUSEHOLD,
R/O. SRIDEVI NAGAR,
YALAKKI SHETTAR COLONY,
DHARWAD-580004.
(RESPONDENTS NO.1,3 & 4 ARE REP.
BY RESPONDENT NO.2 AS GPA HOLDER)
31
5. THE EXECUTIVE ENGINEER,
KARNATAKA ROAD DEVELOPMENT CORPORATION
LTD.,(KRDCL), GOKUL ROAD, HUBBALLI.
6. THE CHIEF ENGINEER
KARNATAKA ROAD DEVELOPMENT CORPORATION
LTD.,(KRDCL),
#16, G MILLER TANK BED AREA,
THIMMAIAH ROAD CROSS,
BENGALURU,1
7. THE GOVERNMENT OF KARNATAKA
REP.BY ITS PRINCIPAL SECRETARY,
VIKASA SOUDHA,
BENGALURU. ... RESPONDENTS
(BY SRI. V K SAVADI, ADV. FOR R1-R4,
NOTICE TO R.5 & R.6 IS DISPENSED WITH,
SMT. SEEMA SHIVA NAIK, HCGP FOR R.7)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING THIS COURT QUASH
THE JUDGMENT DATED:13.09.2017 PASSED BY THE IIND
ADDITIONAL SENIOR CIVIL JUDGE, DHARWAD IN LAC
NO.14/2016 (ANNEXURE-"A") AND ETC.
IN WP No. 103369/2018:
BETWEEN
1. THE MANAGING DIRECTOR
HUBLI DHARWAD BRTS CO. LTD.,
1ST FLOOR, KSFC BUILDING,
RAYAPUR, DHARWAD 580009.
2. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., 1ST FLOOR,
KSFC BUILDING, RAYAPUR,
DHARWAD 580009. ... PETITIONERS
(BY SRI. C V ANGADI, ADV.)
32
AND
DATTATREYA S/O. RAJARAMSA MEHARWADE
AGE:64 YEARS,
OCC:CHARTERED ACCOUNTANT,
R/O. H.NO.1-20, DOLLORS COLONY,
GOKUL ROAD, HUBBALLI-580030.
... RESPONDENT
(BY SRI. C R PATIL, ADV.)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING THIS COURT QUASH
THE JUDGMENT DATED:13.09.2017 PASSED BY THE IIND
ADDITIONAL SENIOR CIVIL JUDGE, DHARWAD IN LAC
NO.20/2016 (ANNEXURE-"A") AND ETC.
IN WP No. 103370/2018:
BETWEEN
1. THE MANAGING DIRECTOR
HUBLI DHARWAD BRTS CO. LTD.,
1ST FLOOR, KSFC BUILDING,
RAYAPUR, DHARWAD 580009.
2. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., 1ST FLOOR,
KSFC BUILDING, RAYAPUR,
DHARWAD 580009. ... PETITIONERS
(BY SRI. C V ANGADI, ADV.)
AND
1. PARAVVA @ PARVATI W/O. HANUMANT SORTUR
AGE:57 YEARS,
OCC:HOUSEHOLD,
R/O. SRIDEVI NAGAR,
YALAKKI SHETTAR COLONY, DHARWAD-580004.
2. VINAY S/O. HANUMANT SORTUR
AGE:27 YEARS, OCC:BUSINESS,
R/O. SRIDEVI NAGAR,
YALAKKI SHETTAR COLONY,
33
DHARWAD-580004.
3. GAYATHRI D/O. HANUMANT SORTUR
AFTER MARRIAGE,
GAYATRI W/O. MANJUNATH POTADAR,
AGE:24 YEARS, OCC:HOUSEHOLD,
R/O. SRIDEVI NAGAR,
YALAKKI SHETTAR COLONY,
DHARWAD-580004.
4. NAGARAJ S/O. HANUMANT SORTUR
AGE:22 YEARS, OCC:HOUSEHOLD,
R/O. SRIDEVI NAGAR, YALAKKI SHETTAR COLONY,
DHARWAD-580004. ... RESPONDENTS
(BY SRI. V K SAVADI FOR R1-R4)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING THIS COURT QUASH
THE JUDGMENT DATED:13.09.2017 PASSED BY THE IIND
ADDITIONAL SENIOR CIVIL JUDGE, DHARWAD IN LAC
NO.16/2016 (ANNEXURE-"A") AND ETC.
IN WP No.103371/2018:
BETWEEN
1. THE MANAGING DIRECTOR
HUBLI DHARWAD BRTS CO. LTD.,
1ST FLOOR, KSFC BUILDING,
RAYAPUR, DHARWAD 580009.
2. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., 1ST FLOOR,
KSFC BUILDING, RAYAPUR,
DHARWAD 580009. ... PETITIONERS
(BY SRI. C V ANGADI, ADV.)
AND
ASHA SHETTY @ ASHISH KAUR CHADDA
AGE:48 YERS, OCC:BUSINESS,
R/O. AT CHADDA HOUSE NO.1,
34
2ND CROSS, DESHPANDE NAGAR,
HUBBALLI-580029, DIST:DHARWAD. ... RESPONDENT
(BY SRI. SHASHANK S HEGDE &
SRI. ANANTH HEGDE, ADVS.)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING THIS COURT QUASH
THE ORDER DATED:04.11.2017 PASSED BY II ADDITIONAL
SENIOR CIVIL JUDGE DHARWAD IN L.A.C.NO.40/2016 MARKED
AT ANNEXURE-"A" AND ETC.
IN WP No.104628/2018:
BETWEEN
SMT. ASHA SHETTY @
ASHISH KAUR CHADDA, AGED ABOUT 48 YEARS,
CHADDA HOUSE NO.1,
2ND CROSS, DESHPANDE NAGAR,
HUBBALLI 580029. ... PETITIONER
(BY SRI. ANANT HEGDE, ADV.)
AND
1. THE SPECIAL LAND ACQUISITION OFFICER
K.R.D.C.L. 1ST FLOOR, KSFC BUILDING,
PB ROAD, RAYAPUR, DHARWAD 580009.
2. EXECUTIVE ENGINEER
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD. (KRDCL)
NEW KSRTC BUS STAND, GOKUL ROAD
HUBBALLI.
3. CHIEF ENGINEER
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD. (KRDCL)
# 16, G.MILLER TANK BED AREA,
THIMMAYYA ROAD CROSS, BENGALURU
4. STATE OF KARNATAKA
DEPARTMENT OF
KARNATAKA PUBLIC
35
WORKS, PORTS & INLAND WATER
TRANSPORT DEPARTMENT
MS BUILDING, BENGALURU-1
REP. BY ITS SECRETARY. ... RESPONDENTS
(BY SRI. C.V. ANGADI, ADV. FOR R.1-3 &
SMT. SEEMA SHIVA NAIK, HCGP FOR R.4)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING THIS COURT QUASH
THE ORDER DATED:04.11.2017 PASSED BY II ADDITIONAL
SENIOR CIVIL JUDGE DHARWAD IN L.A.C.NO.40/2016 MARKED
AT ANNEXURE-C AND CONSEQUENTLY THE L.A.C.NO.40/2016
BE ORDERED TO BE HEARD IN ACCORDANCE WITH LAW.
IN WP No. 103372/2018:
BETWEEN
1. THE MANAGING DIRECTOR
HUBLI DHARWAD BRTS CO. LTD.,
1ST FLOOR, KSFC BUILDING,
RAYAPUR, DHARWAD 580009.
2. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., 1ST FLOOR,
KSFC BUILDING, RAYAPUR,
DHARWAD 580009. ... PETITIONERS
(BY SRI. C V ANGADI, ADV.)
AND
1. VISHNU S/O. RAJARAMASA MEHARWADE
AGE:MAJOR, OCC:BUSINESS,
R/O. DOLLORS COLONY,
GOKUL ROAD, HUBBALLI-580030.
2. SUNANDA W/O. VISHNU MEHARWADE
AGE:MAJOR, OCC:BUSINESS,
R/O. DOLLORS COLONY,
GOKUL ROAD, HUBBALLI-580030.
3. ADARSHA S/O. VISHNU MEHARWADE
36
AGE:MAJOR, OCC:BUSINESS,
R/O. DOLLORS COLONY,
GOKUL ROAD,
HUBBALLI-580030. ... RESPONDENTS
(BY SRI. K L PATIL, ADV. FOR R1-R3,
R.1 IS GPA HOLDER OF R.2 AND R.3)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING THIS COURT QUASH
THE JUDGMENT DATED:13.09.2017 PASSED BY THE IIND
ADDITIONAL SENIOR CIVIL JUDGE, DHARWAD IN LAC
NO.3/2017 (ANNEXURE-"A") AND ETC.
IN WP No. 103375/2018:
BETWEEN
1. THE MANAGING DIRECTOR
HUBLI DHARWAD BRTS CO. LTD.,
1ST FLOOR, KSFC BUILDING,
RAYAPUR,
DHARWAD 580009.
2. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., 1ST FLOOR,
KSFC BUILDING, RAYAPUR,
DHARWAD 580009. ... PETITIONERS
(BY SRI. C V ANGADI, ADV.)
AND
1. VASANT W/O. TARANATH MEHARWADE
AGE:MAJOR, OCC:BUSINESS,
R/O. DOLLORS COLONY,
GOKUL ROAD, HUBBALLI-580030.
2. SHREEKANTH S/O. TARANATH MEHARWADE
AGE:MAJOR, OCC:BUSINESS,
R/O. DOLLORS COLONY,
GOKUL ROAD, HUBBALLI-580030.
3. ARAVIND S/O. TARANATH MEHARWADE
37
AGE:MAJOR, OCC:BUSINESS,
R/O. DOLLORS COLONY,
GOKUL ROAD, HUBBALLI-580030.
4. ROOPA W/O. HANAMANT RAMANING
AGE:MAJOR, OCC:BUSINESS,
R/O. DOLLORS COLONY,
GOKUL ROAD,
HUBBALLI-580030. ... RESPONDENTS
(BY SRI. K L PATIL FOR R1-R4,
R.2 IS GPA HOLDER OF R.1,3 AND R.4)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING THIS COURT QUASH
THE JUDGMENT DATED:13.09.2017 PASSED BY THE IIND
ADDITIONAL SENIOR CIVIL JUDGE, DHARWAD IN LAC
NO.4/2017 (ANNEXURE-"A") AND ETC.
IN WP No. 103377/2018:
BETWEEN
1. THE MANAGING DIRECTOR
HUBLI DHARWAD BRTS CO. LTD.,
1ST FLOOR, KSFC BUILDING,
RAYAPUR, DHARWAD 580009.
2. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., 1ST FLOOR,
KSFC BUILDING, RAYAPUR,
DHARWAD 580009. ... PETITIONERS
(BY SRI. C V ANGADI, ADV.)
AND
1. KANAJI S/O. NARAYAN PATEL
AGE:MAJOR, OCC:BUSINESS,
R/O. GANESH SAW MILL,
LAKAMANAHALLI INDUSTRIAL AREA,
DHARWAD-580011.
2. THE EXECUTIVE ENGINEER
38
KARNATAKA ROAD DEVELOPMENT CORPORATION LTD.,
(KRDCL)
#NEAR NEW KSRTC BUS STAND
GOKUL ROAD, HUBBALLI
3. THE CHIEF ENGINEER
KARNATAKA ROAD DEVELOPMENT CORPORATION LTD.,
(KRDCL) # 16, G MILLER TANK BED AREA, THIMMAIAH
ROAD CROSS, BENGALURU-560052.
4. THE GOVERNMENT OF KARNATAKA
REPRESENTATED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF URBAN DEVELOPMENT
M.S.BUILDING/VIKASA SOUDHA,
BENGALURU. ... RESPONDENTS
(BY SRI. V K SAVADI, ADV. FOR R1,
R.2 AND R.3 NOTICE IS DISPENSED WITH,
SMT. SEEMA SHIVA NAIK, AGA FOR R.4)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING THIS COURT QUASH
THE JUDGMENT DATED:13.09.2017 PASSED BY THE IIND
ADDITIONAL SENIOR CIVIL JUDGE, DHARWAD IN LAC
NO.11/2016 (ANNEXURE-"A") AND ETC.
IN WP No. 103378/2018:
BETWEEN
1. THE MANAGING DIRECTOR
HUBLI DHARWAD BRTS CO. LTD.,
1ST FLOOR, KSFC BUILDING,
RAYAPUR,
DHARWAD 580009.
2. THE DEPUTY COMMISSIONER, AND
THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., 1ST FLOOR,
KSFC BUILDING, RAYAPUR,
DHARWAD 580009. ... PETITIONERS
(BY SRI. C V ANGADI, ADV.)
39
AND
VISHWANATH A/F VEERABHADRAPPA CHINDI
AGE:37 YERS, OCC:PROPRIETOR
M/S. BHAVANI INDUSTIES AND ENTERPRISES,
R/O. NO.29, PRASHANT COLONY, VIDYANAGAR,
HUBBALLI-580024. ... RESPONDENT
(BY SRI. PRAKASH ANDANIMATH AND
SRI. SUNIL S DESAI, ADVS.)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING THIS COURT QUASH
THE JUDGMENT DATED:13.09.2017 PASSED BY THE IIND
ADDITIONAL SENIOR CIVIL JUDGE, DHARWAD IN LAC
NO.37/2016 (ANNEXURE-"A") AND ETC.
IN WP No. 103379/2018:
BETWEEN
1. THE MANAGING DIRECTOR
HUBLI DHARWAD BRTS CO. LTD.,
1ST FLOOR, KSFC BUILDING,
RAYAPUR, DHARWAD 580009.
2. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., 1ST FLOOR,
KSFC BUILDING, RAYAPUR,
DHARWAD 580009. ... PETITIONERS
(BY SRI. C V ANGADI, ADV.)
AND
MALLAPPA S/O. BHIMAPPA GHALABI
BY THEIR P A HOLDER LAXMAN S/O. KALLAPPA
HUNASHIKATTI,
AGE:65, OCC:AGRICULTURE AND RTD. GOVT EMPLOYEE,
R/O,MATRU CHAYA BUILDING,
HOUSE NO.59A, VIDYAGIRI,
DHARWAD-580004. ... RESPONDENT
(BY SRI. S S BETURMATH, ADV.)
40
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING THIS COURT QUASH
THE ORDER DATED:07.11.2017 PASSED BY THE IInd
ADDITIONAL SENIOR CIVIL JUDGE, DHARWAD IN LAC
NO.21/2016 (ANNEXURE-A). AND THIS HON'BLE COURT MAY
BE PLEASED TO GRANT LEAVE TO PROSECUTE THE ABOVE
WRIT PETITION TO THE PETITIONER NO.1, IN THE INTEREST OF
JUSTICE AND EQUITY.
IN WP No. 103381/2018:
BETWEEN
1. THE MANAGING DIRECTOR
HUBLI DHARWAD BRTS CO. LTD.,
1ST FLOOR, KSFC BUILDING,
RAYAPUR, DHARWAD 580009.
2. THE DEPUTY COMMISSIONER AND
SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., 1ST FLOOR,
KSFC BUILDING, RAYAPUR,
DHARWAD 580009. ... PETITIONERS
(BY SRI. C V ANGADI, ADV.)
AND
1. VISHNU S/O. RAJARAMASA MEHARWADE
AGE:40 YEARS, OCC:BUSINESS,
R/O. DOLLORS COLONY,
GOKUL ROAD, HUBBALLI-580030.
2. SUNANDA W/O. VISHNU MEHARWADE
AGE:47 YEARS, OCC:BUSINESS,
R/O. DOLLORS COLONY,
GOKUL ROAD, HUBBALLI-580030.
3. ADARSHA S/O. VISHNU MEHARWADE
AGE:43 YEARS, OCC:BUSINESS,
R/O. DOLLORS COLONY,
GOKUL ROAD,
HUBBALLI-580030. ... RESPONDENTS
41
(BY SRI. K L PATIL, ADV. FOR R1-TO R.3,
R.1 IS GPA HOLDER OF R.2 AND R.3)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING THIS COURT QUASH
THE JUDGMENT DATED:13.09.2017 PASSED BY THE IIND
ADDITIONAL SENIOR CIVIL JUDGE, DHARWAD IN LAC
NO.2/2017 (ANNEXURE-"A").
IN WP No. 103382/2018:
BETWEEN
1. THE MANAGING DIRECTOR
HUBLI DHARWAD BRTS CO. LTD.,
1ST FLOOR, KSFC BUILDING,
RAYAPUR, DHARWAD 580009.
2. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., 1ST FLOOR,
KSFC BUILDING, RAYAPUR,
DHARWAD 580009. ... PETITIONERS
(BY SRI. C V ANGADI, ADV.)
AND
1. D. MANJULA W/O. D RAMANNA KUMAR
AGE:49 YEARS, OCC:HOUSEWIFE,
R/O. 45/D1, BEHIND MUBARAK MANZIL,
OLD MARKET ROAD, CANTONMENT,
BELLARY-583104.
2. THE EXECUTIVE ENGINEER
(FOR BRTS PROJECT) K.R.D.C.L
HUBBALLI, DAR NIGADI PADISUVA SANDHAN SAMITI.
3. THE CHIEF ENGINEER
(NATIONAL HIGHWAY AUTHORITY)
K.R.D.C.L, BENGALURU
4. THE PRINCIPAL SECRETARY
PUBLIC WORKS DEPARTMENT
M.S.BUILDING BENGALURU. ... RESPONDENTS
42
(BY SMT. SEEMA SHIVA NAIK, AGA FOR R.4,
R.1 IS SERVED BUT UNREPRESENTED,
R2 & R3 NOTICE IS DISPENSED WITH)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING THIS COURT QUASH
THE JUDGMENT DATED:13.09.2017 PASSED BY THE IIND
ADDITIONAL SENIOR CIVIL JUDGE, DHARWAD IN LAC
NO.27/2016 (ANNEXURE-A).
ALL THESE PETITIONS COMING ON FOR ORDERS,
PRELIMINARY HEARING AND PREL IMINARY HEARING
'B' GROUP THIS DAY, THE COURT MADE FOLLOWING :
COMMON ORDER
All these petitions arise out of the orders passed on identical grounds whereby the proceedings initiated under Section 35 of the Karnataka Highways Act, 1964 (for short, 'the Act') came to be closed as not maintainable and that the Civil Court had no jurisdiction to entertain the reference application. In view of the identical findings recorded in all the impugned orders, these petitions are taken up together and disposed of by this common order.
2. The lands came to be notified under Section 15 of the Karnataka Highways Act, 1964 as per 43 notification issued in the year 2012 and pursuant to the said proceedings, award has come to be passed fixing the amount of compensation under Section 28 of the Act. Aggrieved by the fixation of the compensation, the land owners had initiated the proceeding under Section 35 of the Act and sought for re-fixing of the compensation amount. The Court had rejected the reference application holding that it is not competent Court to entertain the proceedings under the Right to Fair and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, 'the Act of 2013') and directed return of the reference application filed under Section 35 of the Act.
3. As noticed above, the Court had directed to return all the applications on the ground that it is not the competent authority as referred to under Section 64 of the Act of 2013 and hence, it could not have entertained the applications seeking for reference. 44
4. It is not in dispute that the notification for acquisition is made under the provisions of the Karnataka Highways Act, 1964. It is also to be noted that under Section 28 of the Act, the Highway Authority or the officer authorized by the State Government after holding an enquiry is entitled to make an award determining the amount of compensation to be paid. In the event of land owners are dissatisfied with the amount of compensation fixed under Section 35 of the Act, the person who is aggrieved may require to be referred to the Court of the Civil Judge having jurisdiction with respect to the land in relation to which award is made.
5. It is to be noted that the Karnataka Highways Act 1964 is a special enactment. Section 28 of the Act provides for determination of amount of compensation in default of agreement between the Highway Authority or any other officer authorized by the State Government and the person or persons claiming 45 interest in the other lands. Once there is determination of amount of compensation and award passed in terms of Section 28 of the Act, there is a provision to challenge the said determination under Section 35 of the Act. Once there is special Code providing for proceedings relating to determination of compensation, it can be said that it is the provisions of the Karnataka Highways Act, 1964 to the execution of other laws that would govern the dispute relating to the acquisition more so from the notification issued under the Act.
6. It is also to be noted that under Section 103 of the Act of 2013, provision is very clear sofar as provision of the said Act is in addition to and not in derogation of, any other law for the time being in force. The land owners themselves have invoked the provision of Section 35 of the Act. It can be stated that the dispute is to be governed by the Karnataka Highways Act, 1964 and the claimants have elected for claiming relief under the provisions of the said Act. It is also to 46 be noticed that it is not the case of any of the parties before the Court i.e. either beneficiaries or the land owners that the provisions of the Karnataka Highways Act is not applicable. Of course, the jurisdiction cannot be conferred by consent of the parties but in view of Section 103 of the Act once the parties have elected to be governed by the Karnataka Highways Act, there is no warrant of reference to the Act of 2013.
7. It would also be appropriate to notice the observations made by the Division Bench of this Court in the case of Anil and Others Vs. State of Karnataka and Another reported in 2017(3) Kar. L.J. 573 (DB), wherein the Division Bench of this Court has observed regarding applicability of the Karnataka Highways Act, and noticing Section 103 of the Act of 2013 has observed that the acquisition initiated under the provisions of Karnataka Highways Act would continue.
47
8. Accordingly, it is made clear that the Karnataka Highways Act being self-contained Code not having been repealed and in view of Section 103 of the Act of 2013 cannot be stated that the said Act is not in operation. There is no warrant to hold that the provisions of the Act of 2013 supersedes the acquisition proceedings under the Karnataka Highways Act. Accordingly, the impugned orders are set-aside. The reference Court is directed to revive the reference proceedings and deal with the matter in an expeditious manner.
9. Needless to state that the land owners are to be given necessary opportunity as available under law to prosecute the proceedings in an effective manner. Accordingly, all the petitions are disposed of subject to above observations.
10. It is made clear that the contention of the land owners that the amount of compensation under Section 28(2) of the Act is to be calculated under the 48 provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in the light of repeal of the Land Acquisition Act, 1894. So also the other contentions of the Beneficiary is kept open.
11. The observations made herein above are for the limited purpose of determining the jurisdiction of the Court to entertain the reference under Section 35 of the Act.
12. In view of disposal of the petitions, pending applications, if any, do not survive for consideration, hence, they are also disposed of as having become infructuous.
Sd/-
JUDGE JTR