M/S. Prabha Builders And Developers vs The National Highway Authority Of India on 11 February, 2013

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Karnataka High Court

M/S. Prabha Builders And Developers vs The National Highway Authority Of India on 11 February, 2013

Bench: Ram Mohan Reddy

                            1

                                               W.P.5832/13

IN THE HIGH COURT OF KARNATAKA, BANGALORE

    DATED THIS THE 11th DAY OF FEBRUARY, 2013

                         BEFORE

    THE HON'BLE MR.JUSTICE RAM MOHAN REDDY

        WRIT PETITION NO. 5832 OF 2013 (LA-RES)


BETWEEN:

M/S. PRABHA BUILDERS & DEVELOPERS
PARTNERSHIP FIRM
HAVING ITS REGISTERED OFFICE
AT No. 40/12, KUMARA KRUPA EAST
BANGALORE - 560 001
BY ITS PARTNER SRI. VIJAY SINGH.
                                           ... PETITIONER

(BY SRI. A K SUBBAIAH AND
      A S PONNANNA, ADVOCATES)

AND :

1       THE NATIONAL HIGHWAY AUTHORITY OF INDIA
        G-5-6, SECTOR - 10
        DWARAKA, NEW DELHI - 110075
        BY ITS CHAIRMAN.

2       THE SPECIAL LAND ACQUISITION OFFICER
        CUM COMPETENT AUTHORITY
        NATIONAL HIGHWAY AUTHORITY OF INDIA
        BY ITS OFFICER SRI. B N SATHYANARAYAN
        No.678/3, NEERBHAVI, KEMPANNA LAYOUT
        HEBBAL, BANGALORE - 560 024.
                                           ... RESPONDENTS

(BY SMT. SHILPA SHAH, ADVOCATE FOR
      M/S. SINGHANIA & PARTNERS FOR R1 & R2)
                             2

                                                    W.P.5832/13

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DT. 09.11.2012/15.11.2012 WHICH IS
PRODUCED AT ANN-J AS ILLEGAL & AB-INITIO VOID; AND ETC.

      THIS WRIT PETITION COMING ON FOR PRL.HEARING IN
'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

                         ORDER

There is no dispute that on the acquisition of petitioner's immovable property by the authorities of the National Highways under the National Highways Act, 1956, for short 'Act', led to the making of a award followed by deposit of the monies by the central government and therefore, all that was required by the Special Land Acquisition Officer was to ensure the disbursement of the compensation to the persons entitled to the same in terms of Section 3(H)(2).

2. The Special Land Acquisition Officer by letter dt. 9.11.2012/15.11.2012 Annexure-J impugned deducted 1/3rd of the compensation amount, on the premise that the compensation is fixed on the basis of the land converted for non agricultural residential 3 W.P.5832/13 purpose and therefore, 1/3rd of the area is to be reserved for civic amenities.

3. Strange are the ways of Special Land Acquisition Officers and in this case it is strange to notice that a Special Land Acquisition Officer bound to pay the compensation since deposited by the Central Government to the person or persons entitled to under Section 3(H)(2) of the Act, hived off 1/3rd from the said sum which is arbitrary and illegal.

Petition is accordingly allowed. The communication Annexure-J is quashed. The Special Land Acquisition Officer is directed to forthwith make payment of the balance 1/3rd of the compensation to the person entitled.

Sd/-

JUDGE ln

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