Karnataka High Court
Ramesh S/O. Satappa Khodanpur vs The State Of Karnataka on 22 December, 2021
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 22ND DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
W.P Nos.108208 -108209 /2016 (LA-RES)
C/W
W.P No.104784/2016, WP No.106158/2016, W.P
No.106159/2016, W.P No.106157/2016, W.P No.107889/2016,
W.P Nos.109564 - 109565/2016, W.P No.112114/2017, W.P
No.112263/2017, W.P Nos.104989-990/2018, W.P
No.106557/2015, W.P Nos.106269-106270/2015, W.P
No.103770/2015, W.P No.104783/2016,
W.P No.104728/2016, W.P No.104025/2016,
W.P No.103548/2016, W.P Nos.103486-103488/2016,
W.P No.103319/2016, W.P No.102905/2016,
W.P No.103019/2016, W.P No.102904/2016,
W.P No.103451/2016, W.P No.103447/2016,
W.P No.104785/2016, W.P No.103380/2016,
W.P No.101172/2016, W.P No.106558/2015,
W.P Nos.100431-100435/2016, W.P Nos.103479-103481/2016,
W.P Nos.103483-103484/2016, W.P No.103485/2016 AND
W.P No.103482/2016
IN W.P.Nos.108208/2016 & 108209/2016:
BETWEEN:
SRI ARUN VENKANNA NAVALI,
AGED ABOUT 49 YEARS,
OCCUPATION: BUSINESS,
R/AT:OLD INCOME TAX OFFICE ROAD,
VIDYANAGAR, HUBBALLI. ...PETITIONER
(BY SRI GANGADHAR R GURUMATH, SR. ADVOCATE FOR
SRI MALLIKARJUNSWAMY B HIREMATH, ADVOCATE)
AND:
2
1. HUBBALLI DHARWAD MUNICIPAL CORPORATION,
STATION ROAD, HUBBALLI,
REPRESENTED BY ITS COMMISSIONER.
2. THE KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD.,
KSFC BUILDING FIRST FLOOR,
P.B.ROAD, RAYAPUR,
DHARWAD
REPRESENTED BY ITS SPECIAL
LAND ACQUISION OFFICER.
3. THE TAHASILDAR,
HUBBALLI. ... RESPONDENTS
(BY SRI G.I.GACHCHINAMATH, ADVOCATE FOR R1,
SRI C.V.ANGADI, ADVOCATE FOR R2,
SRI SHIVAPRABHU HIREMATH, AGA FOR R3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
A.QUASH ENDORSEMENT DATED: 03.09.2016, ISSUED BY
RESPONDENT NO.2 DATED:03.09.2016, WHICH IS PRODUCED
AT ANNEXURE-M.
IN W.P No.104784/2016:
BETWEEN:
1. SHRI SHIVARAM,
S/O NAGAPPA PALANKAR,
AGE: 80 YEARS, OCC: BUSINESS,
R/O SHIVAPUR COLONY,
SANMATI ROAD,
DHARWAD.
2. SMT. SEETABAI,
W/O SHIVARAM PALANKAR,
AGE: 75 YEARS, OCC: HOUSEHOLD,
R/O SHIVAPUR COLONY,
SANMATI ROAD,
DHARWAD.
3
3. SMT.RESHMI,
W/O SUNIL @ SHRIPAD PALANKAR,
AGE: 24 YEARS, OCC: BUSINESS,
R/O SHIVAPUR COLONY,
SANMATI ROAD,
DHARWAD.
4. SHRI ANIL,
S/O SHIVARAM PALANKAR,
AGE: 52 YEARS,
OCC: BUSINESS,
R/O SHIVAPUR COLONY, SANMATI ROAD,
DHARWAD.
5. USHA,
D/O SHIVARAM PALANKAR,
AGE: 42 YEARS, OCC: BUSINESS,
R/O SHIVAPUR COLONY, SANMATI ROAD,
DHARWAD. ...PETITIONERS
(NOTE: PETITIONER 1 AND 2 ARENOT
CLAIMING SENIOR CITIZEN BENEFITS )
(BY SRI SHIVASAI M PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF KARNATAKA PUBLIC
WORKS, PORTS AND INLAND WATER
TRANSPORT DEPARTMENT
MS BUILDING, BANGALORE-1,
REP. BY ITS SECRETARY.
2. THE SPECIAL LAND ACQUISITION OFFICER,
K.R.D.C.L,1ST FLOOR, KSFC BUILDING,
PB ROAD, RAYAPUR, DHARWAD - 580 009.
3. THE COMMISSIONER,
HDMC, DHARWAD
4. HUBBALLI-DHARWAD
KRDCL CO., LTD.,
REPRESENTED BY ITS
MANAGING DIRECTOR, ,
4
TQ AND DIST: DHARWAD -580009.
5. THE COMMISSIONER,
H.D.U.D.A NAVANAGAR,
DHARWAD - 580 009.
(CAUSE TITLE AMENDED
AS PER ORDER DATED:24.11.2016) ....RESPONDENTS
(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1,
SRI C.V.ANGADI, ADVOCATE FOR R2 AND R4,
SRI B.SHARANABASAWA, ADVOCATE FOR R5,
SMT.SEEMA SHIVA NAIK, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT
IN THE NATURE OF MANDAMUS TO THE 2ND RESPONDENT TO
COMPLETE THE PROCESS OF AWARDING AND MAKING PAYMENT
OF COMPENSATION TO THE PETITIONER FOR HAVING
ACQUIRED HIS LAND BEARING SY.NO.5/3 AND SY.NO.5/4
MESURING TO AN EXTENT OF 2 GUNTAS 10 ANNAS SITUATED
AT AMARGOL VILLAGE DHARWAD, HAVING NOT ACQUIRED
UNDER THE NOTIFICATION DATED: 10.09.2012 FOR THE
PURPOSE OF FORMATION OF FOUR WAY LINE ROAD
(MANGASULI-LAKSHMESHWARA) IN STATE HIGH WAY NO.73.
IN W.P No.106158/2016:
BETWEEN:
SANTOSH, S/O CHANDRAKANT JANAMANE,
AGED 47 YEARS, OCC: BUSINESS,
R/O 'KAMAL KUNJA' BUILDING,
YALLAKISHETTAR COLONY,
P.B.ROAD, DHARWAD. ...PETITIONER
(BY SRI GANGADHAR R GURUMATH, SR. ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF URBAN DEVELOPMENT,
M.S.BUILDING, BENGALURU-01,
5
BY ITS PRINCIPAL SECRETARY.
2. THE CHIEF ENGINEER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LIMITED,
NO.16, J MILLAR TANK BED AREA,
TIMMAYYA ROAD CROSS,
BENGALURU - 560002.
3. HUBLI DHARWAD BRTS COMPANY LTD.,
OFFICE OF BRTS,
1ST FLOOR, KSFC BUILDING,
RAYAPUR, DHARWAD,
BY ITS MANAGING DIRECTOR.
4. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD.,
1ST FLOOR, KSFC BUILDING,
RAYAPUR, DHARWAD.
5. THE COMMISSIONER,
HUBBALLI DHARWAD URBAN
DEVELOPMENT AUTHORITY,
HUBBALLI. ... RESPONDENTS
(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1,
SRI C.V.ANGADI, ADVOCATE FOR R2, R3 AND R4
SRI R.H.ANGADI, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO I.QUASH THE
IMPUGNED ENDORSEMENT AT ANNEXURE-X DATED:
18.06.2016, ISSUED BY 4TH RESPONDENT.
IN W.P No.106159/2016:
BETWEEN:
ANAND, S/O CHANDRAKANT JANAMANE,
AGED 44 YEARS, OCC: BUSINESS,
R/O 'KAMAL KUNJA' BUILDING,
6
YALLAKISHETTAR COLONY, P.B. ROAD,
DHARWAD. ...PETITIONER
(BY SRI GANGADHAR R GURUMATH, SR.COUNSEL FOR
SRI MALLIKARJUNSWAMY B HIREMATH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF URBAN DEVELOPMENT
M.S.BUILDING, BENGALURU-01,
BY ITS PRINCIPAL SECRETARY.
2. THE CHIEF ENGINEER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LIMITED,
NO.16, J MILLAR TANK BED AREA,
TIMMAYYA ROAD CROSS,
BENGALURU - 560002.
3. HUBLI DHARWAD BRTS COMPANY LTD.,
OFFICE OF BRTS, 1ST FLOOR
KSFC BUILDING, RAYAPUR, DHARWAD,
BY ITS MANAGING DIRECTOR.
4. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., 1ST FLOOR
KSFC BUILDING, RAYAPUR, DHARWAD.
5. THE COMMISSIONER,
HUBBALLI DHARWAD URBAN
DEVELOPMENT AUTHORITY, HUBBALLI. ... RESPONDENTS
(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1,
SRI C.V.ANGADI, ADVOCATE FOR R3 AND R4
SRI R.H.ANGADI, ADVOCATE FOR R5, R2 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO I.QUASH THE
IMPUGNED ENDORSEMENT AT ANNEXURE-Y DATED: 18.06.2016,
ISSUED BY 4TH RESPONDENT.
IN W.P No.106157/2016:
7
BETWEEN:
SHARDABAI, W/O CHANDRAKANT JANAMANE,
AGED 73 YEARS, OCC: HOUSEHOLD,
R/O 'KAMAL KUNJA' BUILDING,
YALLAKISHETTAR COLONY,
P.B.ROAD, DHARWAD. ...PETITIONER
(BY SRI GANGADHAR R GURUMATH, SR.COUNSEL FOR
SRI MALLIKARJUNSWAMY B HIREMATH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF URBAN DEVELOPMENT,
M.S.BUILDING, BENGALURU-01,
BY ITS PRINCIPAL SECRETARY.
2. THE CHIEF ENGINEER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LIMITED,
NO.16, J MILLAR TANK BED AREA,
TIMMAYYA ROAD CROSS,
BENGALURU - 560002.
3. HUBLI DHARWAD BRTS COMPANY LTD.,
OFFICE OF BRTS, 1ST FLOOR
KSFC BUILDING, RAYAPUR, DHARWAD
BY ITS MANAGING DIRECTOR.
4. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., 1ST FLOOR
KSFC BUILDING, RAYAPUR, DHARWAD.
5. THE COMMISSIONER,
HUBBALLI-DHARWAD URBAN
DEVELOPMENT AUTHORITY, HUBBALLI. ... RESPONDENTS
(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1,
SRI C.V.ANGADI, ADVOCATE FOR R2,R3 AND R4
SRI R.H.ANGADI, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO I.QUASH THE
8
IMPUGNED ENDORSEMENT AT ANNEXURE-Y DATED: 18.06.2016,
ISSUED BY 4TH RESPONDENT.
IN W.P No.107889/2016:
BETWEEN:
SMT.RUKMINI @ RUKMINIBAI,
W/O SHRIDHAR KALAL, AGED ABOUT 62 YEARS,
OCC: HOUSE-WIFE,R/O NEAR LAXMI TALKIES
BHOVI GALLI, DHARWAD, TQ AND DIST:
DHARWAD - 580 008. ...PETITIONER
(BY SRI VIDYASHANKAR G DALWA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
NO.504, 5TH FLOOR, 4TH GATE, M.S.BUILDING,
AMBEDKAR VEEDHI, BENGALURU - 560 001.
2. THE COMMISSIONER,
HUBBALLI-DHARWAD
MUNICIPAL CORPORATION,
HUBBALLI, DIST: DHARWAD.
3. THE SPECIAL LAND ACQUISITION OFFICER
AND THE ASSISTANT COMMISSIONER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., 1ST FLOOR
K.S.F.C. BUILDING, RAYAPUR
P.B.ROAD, DHARWAD.
4. THE MANAGING DIRECTOR,
HUBBALLI-DHARWAD BRTS CO. LTD.,
1ST FLOOR, KSFC BUILDING,
RAYAPUR, P.B.ROAD, DHARWAD - 580 009.
5. THE EXECUTIVE ENGINEER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., NO.16, 3RD MAIN ROAD,
DOLLARS COLONY, NEAR VASTALLYA HOSPITAL,
GOKUL ROAD, HUBBALLI. ...RESPONDENTS
9
(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1,
SRI V.C.AINAPUR, ADVOCATE FOR R2
SRI C.V.ANGADI, ADVOCATE FOR R3 - R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECT
THE RESPONDENT NOS.2 TO PASS AWARD AS PER SECTION 28
OF KARNATAKA STATE HIGH WAY ACT AND TO PAY LEGAL
COMPENSATION TO THE PETITIONER AND ETC.,
IN W.P.Nos.109564 - 109565/2016:
BETWEEN:
1. SANJAY, S/O SHANKARAPPA SHETTEMMANAVAR,
AGED 41 YEARS, OCC: BUSINESS,
R/O 38/4 'SHOBHA', SUNAGAR CHAWAL,
OPP DISTRICT COURT COMPLEX,
P.B.ROAD, DHARWAD.
2. SMT. BHAGYALAXMI,
W/O SANJAY SHETTEMMANAVAR
AGED 37 YEARS, OCC: HOUSEHOLD,
R/O 38/4 'SHOBHA' SUNAGAR CHAWAL,
OPP DISTRICT COURT COMPLEX
P.B.ROAD, DHARWAD. ...PETITIONERS
(BY SRI GANGADHAR R GURUMATH, SR. COUNSEL FOR
SRI MALLIKARJUNSWAMY B HIREMATH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT
M.S.BUILDING, BENGALURU - 1,
BY ITS PRINCIPAL SECRETARY.
2. THE CHIEF ENGINEER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LIMITED, NO.16,
J MILLAR TANK BED AREA, TIMMAYYA
ROAD CROSS, BENGALURU - 560 002.
3. HUBLI DHARWAD BRTS COMPANY LTD.,
OFFICE OF BRTS, 1ST FLOOR, KSFC BUILDING,
10
RAYAPUR, DHARWAD, BY ITS MANAGING DIRECTOR.
4. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., 1ST FLOOR
KSFC BUILDING, RAYAPUR, DHARWAD.
5. THE COMMISSIONER,
HUBBALLI DHARWAD URBAN
DEVELOPMENT AUTHORITY,
HUBBALLI. ...RESPONDENTS
(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1 & R2,
SRI C.V.ANGADI, ADVOCATE FOR R3 AND R4,
SRI B SHARANABASAWA, ADVOCATE FOR R5)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i)
QUASH THE IMPUGNED ENDORESMENT AT ANNEXURE-T DATED
13.10.2015 BEARING NO.KRDCL/BHU SWA/2015-16/543
ISSUED BY 4TH RESPONDENT AND ETC.,.
IN W.P.No.112114/2017:
BETWEEN:
SMT.ANJANA, W/O BASAVARAJ BAVALATTI,
AGE: 53 YEARS, OCC: HOUSEWIFE,
R/O NO.642, SECTOR 10, ANJANEYANAGAR
MALAMARUTI EXTENSION, BELAGAVI. ...PETITIONER
(BY SRI K.L.PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY SECRETARY,
URBAN DEVELOPMENT DEPARTMENT
NO.504, 5TH FLOOR, 4TH GATE,
M.S.BUILDING, AMBEDKAR VEEDHI,
BENGALURU-560 001.
2. THE LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
11
CORPORATION LTD., HDBRTS OFFICE
FIRST FLOOR, KSFC BUILDING
RAYAPUR, DHARWAD.
3. THE DEPUTY DIRECTOR,
TOWN PLANNING,
HUBBALLI-DHARWAD MUNICIPAL
CORPORATION, HUBBALLI,
DIST: DHARWAD. ...RESPONDENTS
(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1,
SRI C.V.ANGADI, ADVOCATE FOR R2,
SRI G.I.GACHCHINAMATH, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH
THE LETTER NO.HDMC/50/05/2014/BRTS/942 DATED:
12.03.2014 ISSUED BY AUTHORITIES RESPONDENT NO.3 AS
PER ANNEXURE-E AND ETC.,
IN W.P.No.112263/2017:
BETWEEN:
DHARWAD, HAVERI, GADAG &
UTTAR KANNAD DISTRICT,
CO-OPERATIVE MILK PRODUCERS'
SOCIETIES LTD., LAKAMANAHALLI
INDUSTRIAL AREA, P.B.ROAD,
VIDYAGIRI DHARWAD - 580 004,
REPRESENTED BY ITS
MANAGING DIRECTOR. ...PETITIONER
(BY SRI K.L.PATIL, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
REPRESENTED BY SECRETARY,
URBAN DEVELOPMENT DEPARTMENT,
NO.504, 5TH FLOOR, 4TH GATE,
M.S.BUILDING, AMBEDKAR VEEDHI,
BENGALURU - 560 001.
12
2. THE TAHASILDAR, DHARWAD TALUK,
DHARWAD.
3. THE COMMISSIONER,
HUBBALLI-DHARWAD MUNICIPAL
CORPORATION, HUBBALLI,
DIST: DHARWAD.
4. KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD, P.B.ROAD
DHARWAD, BY ITS SECRETARY.
5. SPL. LAND ACQUISITION OFFICER
AND THE ASSISTANT COMMISSIONER,
KRDCL, HDBRTSC OFFICE, 1ST FLOOR
KSFC BUILDING RAYAPUR,
P.B.ROAD, DHARWAD - 09. ...RESPONDENTS
(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1 & R2,
SRI G.I.GACHCHINAMATH, ADVOCATE FOR R3,
SRI P.N.HALI, ADVOCATE FOR R4,
SRI C.V.ANGADI, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO a) QUASH
THE AWARD DATED: 23.06.2015 PASSED BY RESPONDENT NO.5
AS PER ANNEXURE-F AND ETC.,
IN W.P.Nos.104989-990/2018:
BETWEEN:
SHRI.DHARMASTHALA MANJUNATHESHWAR,
MEDICAL EDUCATIONAL SOCIETY,
OLD P.B.ROAD, DHARWAD - 580 001,
REPRESENTED BY ITS SECRETARY,
V.JEEVANDHAR KUMAR, AGE: 75 YEARS. ...PETITIONER
(BY SMT.ARCHANA A MAGUDUM, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
13
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., 1ST FLOOR, KSFC BUILDING,
RAYAPUR, DHARWAD - 580 009.
2. HUBLI-DHARWAD BRTS COMPANY LTD.,
(DIRECTORATE OF URBAN LAND TRANSPORT)
1ST FLOOR, KSFC BUILDING,
RAYAPUR P.B.ROAD, DHARWAD - 580 009
BY ITS MANAGING DIRECTOR.
3. THE SPECIAL OFFICER,
K.R.D.C.L/B.R.T.S, RAYAPUR
DHARWAD - 580009.
4. THE COMMISSIONER,
HUBBALLI DHARWAD URBAN
EVELOPMENT AUTHORITY,
HUBBALLI - 580001.
5. THE STATE OF KARNATAKA,
DEPARTMENT OF URBAN DEVELOPMENT
M.S.BUILDING,
BENGALURU - 560 001.
6. THE CHIEF ENGINEER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LIMITED,
NO.16, J MILLAR TANK BED AREA,
TIMMAYYA ROAD CROSS,
BENGALURU - 560002. ...RESPONDENTS
(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R5,
SRI C.V.ANGADI, ADVOCATE FOR R1, 2, 3 AND R6,
SRI R.H.ANGADI, ADVOCATE FOR R4)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i)
QUASH THE ENDORSEMENT PASSED THE RESPONDENT NO.1
BEARING NO.KRDCL.LAO/COURT CASE/2015-16/170 DATED:
13.06.2016 PRODUCED AT ANNEXURE-J.
IN W.P No.106557/2015:
BETWEEN:
14
M/S HEALTHY COUNTRY RESORTS PRIVATE LTD.,
REGISTERED OFFICE: NO.38, EUREKA JUNCTION,
TRAVELLERS BUNGALOW ROAD, HUBLI - 580029,
REPRESENTED BY ITS MANAGING DIRECTOR,
SRI DINESH R PAI, AGE: 51 YEARS. ... PETITIONER
(BY SRI N.S KINI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY SECRETARY,
URBAN DEVELOPMENT DEPARTMENT,
NO.504, 5TH FLOOR, 4TH GATE,
M.S.BUILDING, AMBEDKAR VEEDHI,
BENGALURU - 560 001.
2. THE COMMISSIONER,
DIRECTORATE OF URBAN LAND TRANSPORT
URBAN DEVELOPMENT DEPARTMENT
BMTC TIMC 'B' BLOCK, 4TH FLOOR
SHANTHINAGAR, KH ROAD,
BENGALURU - 560 027.
3. CHIEF ENGINEER, KRDCL LIMITED,
NO.16, J MILLAR TANK BED AREA,
TIMMAYYA ROAD CROSS,
BENGALURU - 560 002.
4. THE MANAGING DIRECTOR,
HUBBALLI-DHARWAD BRTS COMPANY LTD.
OFFICE OF BRTS, FIRST FLOOR,
KSFC BUILDING, RAYAPUR, DHARWAD.
5. THE ASSISTANT COMMISSIONER,
LAND ACQUISITION OFFICER
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., HDBRTS OFFICE,
FIRST FLOOR, KSFC BUILDING,
RAYAPUR, DHARWAD.
6. THE EXECUTIVE ENGINEER,
KRDCL NO.13, 3RD MAIN,
15
DOLLARS COLONY, NEAR
VATSALAYA HOSPITAL,
GOKUL ROAD, HUBBALLI - 580 030.
7. THE COMMISSIONER,
HUBBALLI DHARWAD MUNICIPAL CORPORATION,
DHARWAD.
8. HUBBALLI DHARWAD URBAN DEVELOPMENT
AUTHORITY, REPRESENTED BY ITS
COMMISSIONER, NAVANAGAR, TAL:HUBBALLI,
DIST:DHARWAD. ...RESPONDENTS
(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1 AND R2
SRI G.V.ANGADI, ADVOCATE FOR R3-R6,
SRI G.I.GACHCHINAMATH, ADVOCATE FOR R7 & 8)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A
WRIT ORDER OR SPECIFIC DIRECTIONS TO DESIST THE
RESPONDENT FROM ACQUIRING LAND AS DESCRIBED IN
SCHEDULE WITHOUT FOLLOWING DUE PROCESS OF LAW.
IN W.P Nos.106269-106270/2015:
BETWEEN:
RAMESH, S/O SATAPPA KHODANPUR,
AGE: 78 YEARS, OCC: BUSINESS,
R/O 165/B, DESHAPANDE NAGAR,
HUBBALLI- 580 029, DIST: DHARWAD. ...PETITIONER
(BY SRI K.L.PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY SECRETARY,URBAN
DEVELOPMENT DEPARTMENT,
NO.504, 5TH FLOOR, 4TH GATE,
M.S.BUILDING, AMBEDKAR VEEDHI,
BENGALURU - 560 001.
2. THE TOWN PLANNING MEMBER
HUBBALLI-DHARWAD URBAN
DEVELOPMENT AUTHORITY,
NAVANAGAR, HUBBALLI - 580 025,
16
DIST: DHARWAD.
3. THE COMMISSIONER,
HUBBALLI-DHARWAD MUNICIPAL
CORPORATION, HUBBALLI, DIST: DHARWAD.
4. THE TAHASILDAR, HUBBALLI TALUK,
HUBBALLI, DIST: DHARWAD.
5. THE MANAGING DIRECTOR,
HUBBALLI-DHARWAD BRTS COMPANY LTD.,
OFFICE OF BRTS, FIRST FLOOR, KSFC
BUILDING, RAYAPUR, DHARWAD.
6. THE ASSISTANT COMMISSIONER,
LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., HDBRTS OFFICE
FIRST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD.
7. THE EXECUTIVE ENGINEER, KRDCL
NO.13, 3RD MAIN, DOLLARS COLONY
NEAR VATSALAYA HOSPITAL,
GOKUL ROAD, HUBBALLI - 580 030. ...RESPONDENTS
(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1 AND R4,
SRI B SHARANABASAWA, ADVOCATE FOR R2,
SRI BHUSHAN B KULKARNI, ADVOCATE FOR R3,
SRI C.V.ANGADI, ADVOCATE FOR R5-7)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
A.QUASH THE LETTER DATED 10.09.2014 ISSUED BY
RESPONDENT NO.2 AS PER ANNEXURE-L AND ETC.
IN WP No.103770/2015:
BETWEEN:
SMT.ROHINI, W/O SURESH PATRAVALI,
AGE: 58 YEARS, OCC: BUSINESS/
AGRICULTURE, R/O NARAYANPUR, DHARWAD. ..PETITIONER
(BY SRI K.L.PATIL, ADVOCATE)
17
AND:
1. THE STATE OF KARNATAKA
REP. BY SECRETARY,
URBAN DEVELOPMENT DEPARTMENT,
NO.504, 5TH FLOOR, 4TH GATE,
M.S.BUILDING, AMBEDKAR VEEDHI,
BENGALURU - 560 001.
2. THE COMMISSIONER,
DIRECTORATE OF URBAN LAND TRANSPORT
URBAN DEVELOPMENT DEPARTMENT,
BMTC TIMC 'B' BLOCK, 4TH FLOOR
SHANTHINAGAR, KH ROAD,
BENGALURU - 560 027.
3. CHIEF ENGINEER, KRDC LIMITED,
NO.16, J MILLAR TANK BED AREA,
TIMMAYYA ROAD CROSS,
BENGALURU - 560 002.
4. THE MANAGING DIRECTOR,
HUBBALLI-DHARWAD BRTS COMPANY LTD.,
OFFICE OF BRTS, FIRST FLOOR, KSFC BUILDING,
RAYAPUR, DHARWAD.
5. THE ASSISTANT COMMISSIONER
LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., HDBRTS OFFICE,
FIRST FLOOR, KSFC BUILDING,
RAYAPUR, DHARWAD.
6. THE EXECUTIVE ENGINEER,
KRDCL NO.13, 3RD MAIN
DOLLARS COLONY
NEAR VATSALAYA HOSPITAL,
GOKUL ROAD, HUBBALLI - 580 030.
7. THE COMMISSIONER,
HUBBALLI-DHARWAD URBAN
DEVELOPMENT AUTHORITY,
NAVANAGAR, HUBBALLI - 580 025
DIST: DHARWAD.
18
8. THE COMMISSIONER,
HUBBALLI-DHARWAD MUNICIPAL
CORPORATION, DHARWAD,
DIST: DHARWAD.
9. THE TAHASILDAR, DHARWAD TALUK,
DHARWAD, DIST: DHARWAD. ...RESPONDENTS
(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1, R2 AND R9
SRI C.V.ANGADI, ADVOCATE FOR R3-R6,
SRI B.SHARANABASAWA, ADVOCATE FOR R7,
SRI G.I.GACHICHINAMATH, ADVOCATE FOR R8)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH
THE LETTER DATED 03.02.2015 ISSUED BY RESPONDENT NO.5
AS PER ANNEXURE-B AND ETC.,
IN WP No.104783/2016:
BETWEEN:
1. SMT.SONABAI, W/O TUKARAM SHINDE,
AGE: 68 YEARS, OCC:HOUSEHOLD,
R/O NAVALUR, TQ AND DIST: DHARWAD
(SENIOR CITIZEN BENEFITS NOT CLAIMED)
2. SHRI TUKARAM, S/O NARAYAN SHINDE,
AGE: 74 YEARS, OCC: BUSINESS,
R/O NAVALUR, DHARWAD.
3. SHRI RAVI, S/O TUKARAM SHINDE,
AGE: 44 YEARS, OCC: BUSINESS,
R/O NAVALUR, DHARWAD.
4. SMT.ROOPA, W/O RAVI SHINDE,
AGE: 35 YEARS, OCC: BUSINESS,
R/O NAVALUR, DHARWAD. ...PETITIONERS
(BY SRI SHIVASAI M PATIL, ADVOCATE)
AND:
19
1. THE STATE OF KARNATAKA
DEPARTMENT OF KARNATAKA
PUBLIC WORKS, PORTS AND
INLAND WATER TRANSPORT DEPARTMENT,
M.S BUILDING, BANGALORE-1,
REP. BY ITS SECRETARY.
2. THE SPECIAL LAND ACQUISITION OFFICER,
K.R.D.C.L, 1ST FLOOR, KSFC BUILDING,
P.B.ROAD, RAYAPUR, DHARWAD - 580 009.
3. THE COMMISSIONER, HDMC, DHARWAD.
4. HUBBALLI-DHARWAD, KRDCL COMPANY LTD.,
REPT. BY ITS MANAGING DIRECTOR, DHARWAD
TQ DT:DHARWAD - 580001.
5. HUBBALLI-DHARWAD,
URBAN DEVELOPMENT
AUTHORITY REPRESENTED
BY ITS COMMISSIONER,
NAVANAGAR TQ:HUBBALLI,
DT: DHARWAD - 580001. ...RESPONDENTS
(CAUSE TITLE AMENDED VIDE
COURT ORDER DATED: 25.11.2016)
(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1 & R6
SRI C.V.ANGADI, ADVOCATE FOR R2 AND R4,
SRI G.K.HIREGOUDAR, ADVOCATE FOR R3,
SRI C.H.ANGADI, ADVOCATE FOR R5 )
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT
IN THE NATURE OF MANDAMUS TO THE 2ND RESPONDENT TO
COMPLETE THE PROCESS OF AWARDING AND MAKING PAYMENT
OF COMPENSATION TO THE PETITIONER FOR HAVING
ACQUIRED HIS LAND BEARING SY.NO.172/1 MEASURING 1
GUNTAS 10.25 ANANS, SY.NO.172/2 MEASURING 5 GUNTAS 2
ANANS AND SY.NO.172/3 MEASURING 7 GUNTAS 11.50 ANANS,
AND NOT PASSED ANY AWARD SITUATED AT NAVALUR VILLAGE,
DHARWAD, AND RESPONDENT NO.2 HAD ISSUED A LETTER TO
THE PETITIONERS I.E. DATED: 02.06.2016 MAY KINDLY BE
QUASHED AND GIVE DIRECTION TO THE RESPONDENT NO.2 TO
20
PASS THE AWARD, HAVING NOT ACQUIRED UNDER THE
NOTIFICATION DATED: 10.09.2012 FOR THE PURPOSE OF
FORMATION OF FOUR WAY LINE ROAD (MANGASULI-
LAKSHMESHWARA) IN STATE HIGH WAY NO.73 AND ETC.,
IN W.P No.104728/2016:
BETWEEN:
DILIPKUMAR, S/O BABULAL MUNOTH,
AGE: 38 YEARS, OCC: BUSINESS,
R/O F-9, FIRST FLOOR, KALYANI COMFORTS,
BEHIND JAIN MANDIR, KUSUGAL ROAD,
KESHWAPUR HUBBALLI, DHARWAD. ...PETITIONER
(BY SRI K.L.PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY SECRETARY,
URBAN DEVELOPMENT DEPARTMENT,
NO.504, 5TH FLOOR, 4TH GATE
M.S.BUILDING, AMBEDKAR VEEDHI,
BENGALURU - 560 001.
2. THE COMMISSIONER,
DIRECTOR OF URBAN LAND TRANSPORT
URBAN DEVELOPMENT DEPARTMENT,
BMTC, TIMC B BLOCK, 4TH FLOOR
SHANTHI NAGAR, K.H.ROAD
BENGALURU-560002.
3. THE COMMISSIONER,
HUBBALLI-DHARWAD MUNICIPAL
CORPORATION, HUBBALLI,
DIST: DHARWAD.
4. CHIEF ENGINEER, KRDCL NO.16,
J MILLER TANK BED AREA,
TAMMAYYA ROAD CROSS,
BANGALORE - 560 002.
21
5. MANAGING DIRECTOR,
HUBBALLI-DHARWAD BRTS CO. LTD.,
1ST FLOOR, KSFC BUILDING,
RAYAPUR, P.B.ROAD,
DHARWAD - 580 009.
6. SPL. LAND ACQUISTION OFFICER
AND THE ASSISTANT COMMISSIONER,
KRDCL, HDBRTSC OFFICE,
1ST FLOOR, KSFC BUILDING
RAYAPUR, P.B.ROAD
DHARWAD - 09.
7. EXECUTIVE ENGINEER, KRDCL,
NO.16, 3RD MAIN ROAD,
DOLLARS COLONY,
NEAR VASTALLYA HOSPITAL,
GOKUL ROAD HUBLI. ...RESPONDENTS
(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1 AND R2
SMT. SHARMILA M PATIL, ADVOCATE FOR R3,
SRI C.V.ANGADI, ADVOCATE FOR R4-R7)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO a) QUASH
THE "FINAL INFORMATION LETTER" BEARING
NO.HDBRT/Bhu.Swa/R & R/2015-16/128 DATED NIL 2015
ISSUED RESPONDENT NO.6 VIDE ANNEXURE-D AND ETC.,
IN WP NO.104025/2016:
BETWEEN:
BELLAD AND COMPANY,
HYUNDAI DIVISION,
BHAIRIDEVARKOPPA,
HUBBALLI,
DISTRICT DHARWAD
BY ITS MANAGING PARTNER
ARVIND S/O CHANDRAKANT
BELLAD. ...PETITIONER
(BY SRI GANGADHAR R GURUMATH, SR. COUNSEL FOR
22
SRI MALLIKARJUNSWAMY B HIREMATH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT
M.S.BUILDING, BENGALURU - 01,
BY ITS PRINCIPAL SECRETARY.
2. THE CHIEF ENGINEER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LIMITED, NO.16
J MILLAR TANK BED AREA,
TIMMAYYA ROAD CROSS,
BENGALURU - 560 002.
3. HUBLI DHARWAD BRTS COMPANY LTD.,
OFFICE OF BRTS, 1ST FLOOR, KSFC
BUILDING, RAYAPUR, DHARWAD,
BY ITS MANAGING DIRECTOR.
4. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., 1ST FLOOR
KSFC BUILDING, RAYAPUR, DHARWAD.
5. THE COMMISSIONER,
HUBBALLI-DHARWAD URBAN
DEVELOPMENT AUTHORITY,
HUBBALLI.
6. COMMISSIONER
HUBBLI-DHARWD MUNICIPAL CORPORATION
HUBBALLI.
(CAUSE TITLE AMENDED VIDE COURT ORDER
DATED: 19.12.2018) ...RESPONDENTS
(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1,
SRI C.V.ANGADI, ADVOCATE FOR R2-R4,
SRI B SHARANABASAWA, ADVOCATE FOR R5,
SRI G.I.GACHCHINAMATH, ADVOCATE FOR R6)
23
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO I. QUASH
THE IMPUGNED ENDORSEMENT AT ANNEXURE-E DATED
17.06.2015, ISSUED BY 4TH RESPONDENT AND ETC.,
IN W.P No.103548/2016:
BETWEEN:
1. PREMABAI,
W/O MOHAN GAONKAR,
AGE: 70 YEARS, OCC: H/W
R/O: LAKMAHALLI DHARWAD,
DIST: DHARWAD - 580 001.
2. MANJUNATH,
S/O MOHAN GAONKAR,
AGE: 50 YEARS, OCC: BUSINESS,
R/O: LAKMAHALLI DHARWAD,
DIST: DHARWAD - 580 001. ...PETITIONERS
(BY SRI SHIVARAJ S BALLOLI, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY SECRETARY TO URBAN
DEVELOPMENT DEPARTMENT
504, 5TH FLOOR, 4TH GATE,
M.S.BUILDING, BENGALURU - 01.
2. HUBBALLI DHARWAD BRTS COMPANY LTD.,
REPRESENTED BY ITS MANAGING DIRECTOR,
DHARWAD, TAL AND DIST: DHARWAD - 580001.
3. THE ASSISTANT COMMISSIONER AND
SPECIAL LAND ACQUISITION OFFICER,
KRDCL RAYAPUR DHARWAD,
TAL AND DIST: DHARWAD - 580001.
4. THE COMMISSIONER,
HUBBALLI, DHARWAD MUNICIPAL CORPORATION,
DHARWAD, TAL AND DIST: DHARWAD - 580001.
24
(CAUSE TITLE AMENDED VIDE
COURT ORDER DATED: 25.11.2016)
5. HUBBALLI URBAN DEVELOPMENT AUTHORITY,
REP BY ITS COMMISSIONER,
NAVANAGAR TAL HUBBALLI,
DIST: DHARWAD - 580 001.
6. THE TAHASHILDAR, DHARWAD,
TAL AND DIST: DHARWAD - 580001. ..RESPONDENTS
(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1& R6,
SRI C.V.ANGADI, ADVOCATE FOR R2 AND R3,
SRI G.K.HIREGOUDAR, ADVOCATE FOR R4,
SRI R.H.ANGADI, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO I) DIRECT
THE RESPONDENTS TO CARRY OUT FRESH SURVEY AND
DETERMINE THE EXTENT OF LAND THAT WOULD BE LOST IN
PROPOSED ACQUISITION BY CONSIDERING THE TITLE
DOCUMENTS VIDE ANNEXURE-A AND ACCORDINGLY PASS
CONSENT AWARD IN RESPECT OF PROPERTY BEARING PLOT
NO.6 SITUATED IN SURVEY NO.63 TOTALLY MEASURING 6 GTS
TO MEET THE ENDS AND ETC.,
IN W.P Nos.103486-103488/2016:
BETWEEN:
1. FAZAL AHAMMAD,
S/O RASULSAB SAVANUR,
AGE: 49 YEARS.
2. NOOR AHAMMAD,
S/O RASULSAB SAVANUR,
AGE: 38 YEARS.
3. GOUSEMODDIN,
S/O JAFARSAB SAVANUR,
AGE: 64 YEARS. ..PETTIONERS
(BY SRI K.L.PATIL, ADVOCATE)
25
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY SECRETARY,
URBAN DEVELOPMENT DEPARTMENT,
NO.504, 5TH FLOOR, 4TH GATE
M.S.BUILDING, AMBEDKAR VEEDHI,
BENGALURU - 560001.
2. THE COMMISSIONER
DIRECTOR OF URBAN LAND
TRANSPORT URBAN
DEVELOPMENT DEPARTMENT,
BMTC, TIMC B BLOCK,
4TH FLOOR SHANTHI NAGAR,
K.H.ROAD, BENGALURU - 560 002.
3. THE COMMISSIONER,
HUBBALLI-DHARWAD MUNICIPAL
CORPORATION HUBBALLI
DIST:DHARWAD.
4. CHIEF ENGINEER, KRDCL NO.16,
J MILLER TANK BED AREA,
TIMMAYYA ROAD CROSS,
BANGALORE - 560 002.
5. MANAGING DIRECTOR
HUBBALLI-DHARWAD BRTS CO. LTD.,
1ST FLOOR, KSFC BUILDING,
RAYAPUR, P.B.ROAD,
DHARWAD - 580 009.
6. SPL. LAND ACQUISITION OFFICER AND
THE ASSISTANT COMMISSIONER,
KRDCL, HDBRTSC OFFICE
1ST FLOOR, KSFC BUILDING
RAYAPUR, P.B.ROAD, DHARWAD - 09.
7. EXECUTIVE ENGINEER,
KRDCL, NO.16. 3RD MAIN ROAD,
DOLLARS COLONY,
NEAR VASTALLYA HOSPITAL
GOKUL ROAD HUBLI. ...RESPONDENTS
26
(BY SRI SHIVA PRABHU HIREMATH, AGA FOR R1 AND R2,
SRI G.I.GACHCHINAMATH, ADVOCATE FOR R3,
SRI C.V.ANGADI, ADVOCATE FOR R4 - R7)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A.
DIRECT THE RESPONDENT NO.6 TO PASS AWARD AS PER
SECTION 28 OF KARNATAKA STATE HIGH WAY ACT AND TO PAY
COMPENSATION TO THE PETITIONER.
IN W.P No.103319/2016:
BETWEEN:
M/s KARNATAKA INDUSTRIAL GAGES
PVT. LTD. PLOT No.1 SATTUR VILLAGE
DHARWAD, REPRESENTED BY ITS CHAIRMAN
RAVINDRAGOUDA, S/O NARAYANGOUDA
ODUGOUDAR, AGE 45 YEARS, OCC:BUSINESS
R/O PLOT No.1 SATTUR VILLAGE
DHARWAD. ...PETTIONERS
(BY SRI K.L.PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY SECRETARY,
URBAN DEVELOPMENT DEPARTMENT,
NO.504, 5TH FLOOR,
4TH GATE, M.S.BUILDING,
AMBEDKAR VEEDHI,
BENGALURU - 560001.
2. THE COMMISSIONER
DIRECTOR OF URBAN LAND TRANSPORT
URBAN DEVELOPMENT DEPARTMENT,
BMTC, TIMC B BLOCK, 4TH FLOOR
SHANTI NAGAR, K.H.ROAD
BENGALURU - 560 002.
3. THE TAHASILDAR, DHARWAD TALUKA
DHARWAD.
27
4. THE MEMBER, TOWN PLANNING
HUBBALLI-DHARWAD URBAN
DEVELOPMENT AUTHORITY
NAVANAGAR, HUBBALLI-580025
DIST:DHARWAD.
5. THE COMMISSIONER,
HUBBALLI-DHARWAD MUNICIPAL CORPORATION
HUBBALLI, DIST:DHARWAD.
6. KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD, P B ROAD
DHARWAD, BY ITS SECRETARY.
7. CHIEF ENGINEER, KRDCL NO.16,
J MILLER TANK BED AREA,
TIMMAYYA ROAD CROSS,
BANGALORE - 560 002.
8. MANAGING DIRECTOR
HUBBALLI-DHARWAD BRTS CO. LTD.,
1ST FLOOR, KSFC BUILDING,
RAYAPUR, P.B.ROAD,
DHARWAD - 580 009.
9. SPL. LAND ACQUISITION OFFICER AND
THE ASSISTANT COMMISSIONER,
KRDCL, HDBRTSC OFFICE
1ST FLOOR, KSFC BUILDING RAYAPUR,
P.B.ROAD, DHARWAD - 09.
10. EXECUTIVE ENGINEER,
KRDCL, No.16. 3RD MAIN ROAD,
DOLLARS COLONY,
NEAR VASTALLYA HOSPITAL
GOKUL ROAD HUBBALLI. ...RESPONDENTS
(BY SRI SHIVA PRABHU HIREMATH, AGA FOR R1 - R3,
SRI B SHARANABASAWA, ADVOCATE FOR R4&5,
SMT.SHARMILA M PATIL, ADVOCATE FOR R6,
SRI C V ANGADI, ADVOCATE, FOR R7 - R10)
28
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO A. DIRECT
THE RESPONDENT NO.9 TO PASS AWARD AS PER SECTION 28
OF KARNATAKA STATE HIGH WAY ACT AND TO PAY
COMPENSATION TO THE PETITIONER & ETC.
IN W.P No.102905/2016
BETWEEN:
TARIQ S/O HABIBBULLA KHAN PATHAN
AGE 41 YRS, OCC: BUSINESS
R/O LAKAMANHALLI DHARWAD
DIST:DHARWAD-580001. ..PETITIONER
(BY SRI SHIVARAJ S BALLOLI, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY SECRETARY TO
URBAN DEVELOPMENT DEPARTMENT
504, 5TH FLOOR, 4TH GATE, M S BUILDING
BENGALURU-01.
2. HUBBALLI DHARWAD BRTS COMPANY LTD
REPRESENTED BY ITS MANAGING DIRECTOR
DHARWAD, TAL & DIST: DHARWAD - 580001.
3. THE ASSISTANT COMMISSIONER &
SPECIAL LAND ACQUISITION OFFICER
KRDCL RAYAPUR DHARWAD
TAL & DIST: DHARWAD - 580 001.
4. THE COMMISSIONER, HUBBALLI, DHARWAD
MUNICIPAL CORPORATION, HARWAD
TAL & DIST:DHARWAD - 580 001.
5. HUBBALLI URBAN DEVELOPMENT
AUTHORITY, REP. BY ITS COMMISSIONER
NAVANAGAR, TAL HUBBALLI, DIST: DHARWAD-580001.
6. THE TAHASHILDAR, DHARWAD
TAL & DIST:DHARWAD - 580001. ..RESPONDENTS
29
(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1 & R6,
SRI C V ANGADI, ADVOCATE FOR R2 & 3
SRI B SHARANABASAVA, ADVOCATE FOR R5
SRI G K HIREGOUDAR, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS TO CARRY OUT FRESH SURVEY AND DETERMINE
THE EXTENT OF LAND THAT WOULD BE LOST IN PROPOSED
ACQUISITION BY CONSIDERING THE REPRESENTATION VIDE
ANNEXURE-L AND TITLE DOCUMENTS VIDE ANNEXURE-A AND
ACCORDINGLY PASS CONSENT AWARD IN RESPECT OF
PROPERTY BEARING PLOT No.14 SITUATED IN SURVEY
NO.63/15 TOTALLY MEASURING 4 GUNTAS 1.5 ANNAS AND ETC.
IN W.P No.103019/2016
BETWEEN:
M R SATHYANARAYAN AKALWADI
AGE 79 YRS., OCC: BUSINESS
R/O LAKAMANHALLI DHARWAD
DIST: DHARWAD - 580 001. ..PETITIONER
(BY SRI SHIVARAJ BALLOLI, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY SECRETARY TO
URBAN DEVELOPMENT DEPARTMENT
504, 5TH FLOOR, 4TH GATE, M S BUILDING
BENGALURU-01.
2. HUBLI DHARWAD BRTS COMPANY LTD
REPRESENTED BY ITS MANAGING DIRECTOR
DHARWAD, TAL & DIST: DHARWAD - 580001.
3. THE ASSISTANT COMMISSIONER &
SPECIAL LAND ACQUISITION OFFICER
KRDCL RAYAPUR DHARWAD
TAL & DIST: DHARWAD - 580 001.
30
4. THE COMMISSIONER
HUBLI, DHARWAD
MUNICIPAL CORPORATION
DHARWAD, TAL & DIST:
DHARWAD - 580 001.
5. HUBBALLI URBAN DEVELOPMENT
AUTHORITY, REP. BY ITS COMMISSIONER
NAVANAGAR, TAL HUBBALLI
DIST: DHARWAD-580001.
6. THE TAHASHILDAR
DHARWAD, TAL & DIST:
DHARWAD - 580001. ..RESPONDENTS
(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1 & R6,
SRI C V ANGADI, ADVOCATE FOR R2 & 3
SRI BHUSHAN B KULKARNI, ADVOCATE FOR R4
SRI R H ANGADI, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS AND DETERMINE THE EXTEND OF LAND THAT
WOULD BE LOST IN PROPOSED ACQUISITION BY CONSIDERING
THE REPRESENTATION/OBJECTION VIDE ANNEXURE-D AND
ACCORDINGLY PASS CONSENT AWARD IN RESPECT OF
PROPERTY BEARING PLOT No.10 SITUATED IN SURVEY No.63/9
TOTALLY MEASURING 6 GUNTAS 3.75 ANNAS & ETC.
IN W.P No.102904/2016
BETWEEN:
DEEPAK S/O SHRIKANT GAONKAR
AGE 48 YRS., OCC: BUSINESS
R/O OPP. MODERN HALL
P B ROAD, DHARWAD
DIST: DHARWAD-580001. ..PETITIONER
(BY SRI SHIVARAJ S BALLOLI, ADVOCATE)
AND:
1. STATE OF KARNATAKA
31
REPRESENTED BY SECRETARY TO
URBAN DEVELOPMENT DEPARTMENT
504, 5TH FLOOR, 4TH GATE, M S BUILDING
BENGALURU-01.
2. HUBBALLI DHARWAD BRTS COMPANY LTD
REPRESENTED BY ITS MANAGING DIRECTOR
DHARWAD, TAL & DIST: DHARWAD - 580001.
3. THE ASSISTANT COMMISSIONER &
SPECIAL LAND ACQUISITION OFFICER
KRDCL RAYAPUR DHARWAD
TAL & DIST: DHARWAD - 580 001.
4. THE DEPUTY DIRECTOR OF TOWN
PLANNING, HUBBALLI, DHARWAD
MAHANAGAR PALIKE, DHARWAD
TAL & DIST: DHARWAD-580001.
5. HUBBALLI URBAN DEVELOPMENT
AUTHORITY, REP. BY ITS COMMISSIONER
NAVANAGAR, TAL HUBBALLI
DIST: DHARWAD-580001.
6. THE TAHASHILDAR
DHARWAD, TAL & DIST:
DHARWAD - 580001. ..RESPONDENTS
(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1 & R6,
SRI C V ANGADI, ADVOCATE FOR R2 & 3
SRI G K HIREGOUDAR, ADVOCATE FOR R4
SRI R H ANGADI, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO A. DIRECT
THE RESPONDENTS TO CARRY OUT FRESH SURVEY AND
DETERMINE THE EXTENT OF LAND THAT WOULD BE LOST IN
PROPOSED ACQUISITION BY CONSIDERING THE
REPRESENTATION VIDE ANNEXURE-F, G AND L AND TITLE
DOCUMENTS VIDE ANNEXURE-A AND ACCORDINGLY PASS
CONSENT AWARD IN RESPECT OF PROPERTY BEARING PLOT
32
No.12 SITUATED IN SURVEY No.63/13 TOTALLY MEASURING 4
GUNTAS 1.5 ANNAS & ETC.
IN W.P No.103451/2016
BETWEEN:
RAVI S/O ADIVEPPA KATTI
AGE 45 YRS., OCC: BUSINESS
R/O RAVI NIVAS, MODERN HALL
P B ROAD, VIDHYAGIRI DHARWAD
DIST: DHARWAD-580001. ..PETITIONER
(BY SRI SHIVARAJ S BALLOLI, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY SECRETARY TO
URBAN DEVELOPMENT DEPARTMENT
504, 5TH FLOOR, 4TH GATE, M S BUILDING
BENGALURU-01.
2. HUBLI DHARWAD BRTS COMPANY LTD
REPRESENTED BY ITS MANAGING DIRECTOR
DHARWAD, TAL & DIST: DHARWAD - 580001.
3. THE ASSISTANT COMMISSIONER &
SPECIAL LAND ACQUISITION OFFICER
KRDCL RAYAPUR DHARWAD
TAL & DIST: DHARWAD - 580 001.
4. THE COMMISSIONER
HUBBALLI, DHARWAD
MUNICIPAL CORPORATION
DHARWAD, TAL & DIST:
DHARWAD - 580 001.
5. HUBBALLI URBAN DEVELOPMENT
AUTHORITY, REP. BY ITS COMMISSIONER
NAVANAGAR, TAL HUBBALLI
DIST: DHARWAD-580001.
33
6. THE TAHASHILDAR
DHARWAD, TAL & DIST:
DHARWAD - 580001. ..RESPONDENTS
(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1 & R2,
SRI C V ANGADI, ADVOCATE FOR R2 & 3
SRI BHUSHAN B KULKARNI, ADVOCATE FOR R4
SRI R H ANGADI, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO A. DIRECT
THE RESPONDENTS TO CARRY OUT FRESH SURVEY AND
DETERMINE THE EXTENT OF LAND THAT WOULD BE LOST IN
PROPOSED ACQUISITION BY CONSIDERING THE OBJECTIONS
AT ANNEXURE-E AND TITLE DOCUMENTS VIDE ANNEXURE-A
AND ACCORDINGLY PASS CONSENT AWARD IN RESPECT OF
PROPERTY BEARING PLOT No.4 SITUATED IN SURVEY N.63/5
TOTALLY MEASURING 4 Gts. 2.25 ANNAS & ETC.
IN W.P No.103447/2016
BETWEEN:
M/s DODWAD REFINERIES PVT. LTD.
REPRESENTED BY ITS MANAGING
DIRECTOR, SHRI SARASANAND
S/O GURUPUTRA DODWAD
AGE 80 YEARS, OCC:: BUSINESS
R/O VIDYAGIRI, OPP. HESCOM
P B ROAD, DHARWAD. ..PETITIONER
(BY SRI SHIVASAI M ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF KARNATAKA
PUBLIC WORKS, PORTS & INLAND
WATER TRANSPORT DEPARTMENT
M S BUILDING, BANGALORE-1
REP BY ITS SECRETARY.
2. THE SPECIAL LAND ACQUISITION
34
OFFICER, KRDCL, 1ST FLOOR,
KSFC BUILDING, PB ROAD
RAYAPUR, DHARWAD-580009.
3. THE COMMISSIONER
HDMC, DHARWAD.
4. HUBBALLI-DHARWAD
KRDCL COMPANY LTD.
REPRESENTED BY ITS
MANAGING DIRECTOR
DHARWAD TQ. & DT:580001.
5. HUBBALLI-DHARWAD URBAN
DEVELOMENT AUTHORITY
REPRESENTED BY ITS COMMISSIONER
NAVANAGAR, DHARWAD-580001. ..RESPONDENTS
(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1,
SRI C V ANGADI, ADVOCATE FOR R2 & 4,
SRI U C AINAPUR, ADVOCATE FOR R3
SRI R H ANGADI, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT
IN THE NATURE OF MANDAMUS TO THE 2ND RESPONDENT TO
COMPLETE THE PROCESS OF AWARDING AND MAKING PAYMENT
OF COMPENSATION TO THE PETITIONER FOR HAVING
ACQUIRED HIS LAND BEARING SY.No.19 MEASURING TO AN
EXTENT OF 17 GUNTAS 9 ANNA AND AS LEFT OUT IN THE
AWARD DATED 30.10.2015 OF 8108 SQ. MTRS. SITUATED AT
LAKAMANAHALLI VILLAGE, DHARWAD, HAVING NOT ACQUIRED
UNDER THE NOTIFICATION DATED 30.10.2015 FOR THE
PURPOSE OF FORMATION OF FOUR WAY LINE ROAD
(MANGASULI-LAKSHMESHWARA) IN STATE HIGH WAY No.73.
IN W.P No.104785/2016
BETWEEN:
1. SHRI KHANJI S/O KARSAN PATEL
AGE 62 YEARS, OCC: BUSINESS
R/O YALAKKI SHETTAR COLONY
DHARWAD.
35
2. SHRI RAVAJI S/O KARSAN PATEL
AGE 59 YEARS, OCC: BUSINESS
R/O YALAKKI SHETTAR COLONY
DHARWAD.
3. SHRI SOANJI S/O KARSAN PATEL
AGE 56 YEARS, OCC: BUSINESS
R/O YALAKKI SHETTAR COLONY
DHARWAD. ..PETITIONERS
(BY SRI SHIVASAI M PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF KARNATAKA
PUBLIC WORKS, PORTS & INLAND
WATER TRANSPORT DEPARTMENT
M S BUILDING, BANGALORE-1
REP BY ITS SECRETARY.
2. THE SPECIAL LAND ACQUISITION
OFFICER, KRDCL, 1ST FLOOR,
KSFC BUILDING, PB ROAD
RAYAPUR, DHARWAD-580009.
3. THE COMMISSIONER
HDMC, DHARWAD.
4. HUBBALLI-DHARWAD
KRDCL COMPANY LTD.
REPRESENTED BY ITS
MANAGING DIRECTOR
TA AND DIST: DHARWAD-580009.
5. THE COMMISSIONER
HDUDA, NAVANAGAR
DHARWAD-580009. ..RESPONDENTS
(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1,
SRI C V ANGADI, ADVOCATE FOR R2 & 4,
SMT.SHASHIKALA L DESAI, ADVOCATE FOR R3
SRI B SHARANABASAWA, ADVOCATE FOR R5)
36
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT
IN THE NATURE OF MANDAMUS TO THE 2ND RESPONDENT TO
COMPLETE THE PROCESS OF AWARDING AND MAKING PAYMENT
OF COMPENSATION TO THE PETITIONER FOR HAVING
ACQUIRED HIS LAND BEARING SY.No.25/2 MEASURING TO AN
EXTENT OF 6 GUNTAS 1 AND AS LEFT OUT IN THE AWARD
DATED 15.10.2015 OF 3 ACRES 12 GUNTAS SITUATED AT
LAKAMANAHALLI VILLAGE, DHARWAD, HAVING NOT ACQUIRED
UNDER THE NOTIFICATION DATED 10.09.2012 FOR THE
PURPOSE OF FORMATION OF FOUR WAY LINE ROAD
(MANGASULI-LAKSHMESHWARA) IN STATE HIGH WAY No.73.
IN W.P No.103380/2016
BETWEEN:
1. SRI SHASHIDHAR S/O NARAYAN SHETTY
AGE 61 YEARS, R/O NEAR SAPTAPUR BHAVI
SAPTAPUR, DIST: DHARWAD.
2. SMT.ASHALATA W/O SHASHIDHAR SHETTY
AGE 57 YEARS, R/O NEAR SAPTAPUR BHAVI
SAPTAPUR, DIST: DHARWAD. ..PETITIONERS
(BY SRI J S SHETTY, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION
OFFICER, KARNATAKA ROAD
DEVELOPMENT CORPORATION
LIMITED/HDBRTS, DHARWAD.
2. THE KARNATAKA ROAD DEVELOPMENT
BOARD (DEPARTMENT OF PUBLIC WORKS,
PORTS, INTERIOR TRANSPORT), No.16/J
MILLAR TANK BED AREA, THIMAYYA
ROAD CROSS, BENGALURU-560 052
BY ITS CHIEF ENGINEER.
3. THE STATE OF KARNATAKA
37
(DEPARTMENT OF PUBLIC WORKS,
PORTS, INTERIOR WATER TRANSPORT)
VIKAS SOUDHA, BENGALURU, BY ITS
SECRETARY.
4. DEPUTY COMMISSIONER
DHARWAD, DIST: DHARWAD.
5. HUBBALLI DHARWAD DEVELOPMENT
AUTHORITY, NAVANAGAR, HUBBALLI
DIST: DHARWAD, BY ITS
COMMISSIONER. ..RESPONDENTS
(BY SRI B SHARANABASAVA, ADVOCATE FOR R5,
SRI C V ANGADI, ADVOCATE FOR R1 & R2
SRI SHIVAPRABHU HIREMATH, ADVOCATE FOR R3 & R4
R1 & R2 - SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
2ND RESPONDENT NOT TO FORM ANY ROAD IN THE LAND
BELONGING TO THE PETITIONER MOREFULLY DESCRIBED IN
THE SCHEDULE HEREUNDER, UNLESS THE SAME HAS BEEN
ACQUIRED UNDER THE PROVISION OF THE RIGHT TO FAIR
COMPENSATION ACT, BY CONSDIERING THE REPRESENTATION
DATED 16.02.2016 MADE BY THE PETITIONER, THE COPY OF
WHICH HAS BEEN PRODUCED HEREWITH AT ANNEXURE-A AND
ETC.
IN W.P No.101172/2016
BETWEEN:
SMT.NAGARATHNAMMA
W/O CHANDRASHEKAR AMINGAD
AGE 67 YEARS, OCC: HOUSEHOLD WORK
R/O SUBASH ROAD, AMINGAD AGENCY
TQ. & DIST. DHARWAD. ..PETITIONER
(BY SRI F V PATIL, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION
38
OFFICER/ASSISTANT COMMISSIONER
(LAND ACQUISITION), KARNATAKA
ROAD DEVELOPMENT CORPORATION
LIMITED, BRTS OFFICE, RAYAPUR
TQ. & DIST. DHARWAD.
2. HUBBALLI DHARWAD BRTS COMPANY
LIMITED, HUBLI DHARWAD, REP. BY
ITS MANAGING DIRECTOR, DHARWAD
TQ. & DIST. DHARWAD.
3. THE DEPUTY DIRECTOR OF TOWN
PLANNING, HUBBALLI DHARWAD
MAHANAGARA PALIKE, DHARWAD
TQ. & DIST. DHARWAD.
4. HUBBALLI DHARWAD URBAN
DEVELOPMENT AUTHORITY
REP. BY ITS COMMISSIONER
NAVANAGAR, TQ. HUBBALLI
DIST. DHARWAD.
5. THE MEMBER OF TOWN PLANNING
HUBLI DHARWAD URBAN DEVELOPMENT
AUTHORITY, HUBBALLI, DIST:
DHARWAD. ..RESPONDENTS
(BY SRI C V ANGADI, ADVOCATE FOR R1 - R2,
SRI G I GACHICHINAMATH, ADVOCATE FOR R3-R5,
SRI B SHARANABASAWA, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED INTIMATION DATED 28.09.2015 ISSUED BY THE
MEMBER OF TOWN PLANNING, HUBBALLI-DHARWAD URBAN
DEVELOPMENT AUTHORITY HUBBALLI, DISTRICT : DHARWAD /
THE RESPONDENT No.5 VIDE ANNEXURE-C AND ETC.
IN W.P No.106558/2015
BETWEEN:
1. M/s.SRI KRISHNA MILKS PRIVATE LTD.,
REGISTERED OFFICE No.38, EUREKA
JUNCTION, DESHPANDE NAGAR
39
TRAVELLER BUNGALOW ROAD, HUBLI -
580029, PLANT: SRI KRISHNAGIRI
KIRAVATTI VILLAGE, TQ: YEALLAPUR
DISTRICT UTTAR KANNADA
REPRESENTED BY ITS MANAGING
DIRECTOR, SRI HANUMANTH M PAI
AGE 61 YEARS, OF KIRWATTI.
2. M/s.HARSHAM LOGISTICS PRIVATE
LIMITED, A COMPANY INCORPORATED
UNDER THE PROVISIONS OF THE
COMPANIES ACT, HAVING ITS
REGISTERED OFFICE AT #38, II FLOOR
EUREKA JUNCTION, T B ROAD, HUBBALLI-
580029, DHARWAD, REPRESENT BY
SRI DINESH S/O RAMDAS PAI
DIRECTOR & AUTHORISED SIGNATORY. ..PETITIONERS
(BY SRI P R BENTUR, ADVOCATE FOR PROP. P2)
AND:
1. THE STATE OF KARNATAKA
REP. BY SECRETARY, URBAN
DEVELOPMENT DEPARTMENT
No.504, 5TH FLOOR, 4TH GATE
M S BUILDING, AMBEDKAR VEEDHI
BENGALURU - 560 001.
2. THE COMMISSIONER
DIRECTORATE OF URBAN LAND
TRANSPORT, URBAN DEVELOPMENT
DEPARTMENT, BMTC TIMC `B' BLOCK
4TH FLOOR, SHANTINAGAR, K H ROAD
BENGALURU-560 027.
3. CHIEF ENGINEER, KRDCL LIMITED
No.16, J MILLAR TANK BED AREA
TIMMAYYA ROAD CROSS
BENGALURU - 560 002.
4. THE MANAGING DIRECTOR
HUBBALLI - DHARWAD BRTS
COMPANY LTD. OFFICE OF BRTS
FIRST FLOOR, KSFC BUILDING
40
RAYAPUR, DHARWAD.
5. SPECIAL LAND ACQUISITION OFFICER
KARNATAKA ROAD DEVELOPMENT
CORPORATION LTD., HDBRTS OFFICE
FIRST FLOOR, KSFC BUILDING
RAYAPUR, DHARWAD.
6. THE EXECUTIVE ENGINEER
KRDCL No.13, 3RD MAIN
DOLLARS COLONY
NEAR VATSALAYA HOSPITAL
GOKUL ROAD, HUBBALLI-580 030.
7. THE COMMISSIONER
HUBBALLI DHARWAD MUNICIPAL
CORPORATION, DHARWAD.
8. HUBBALLI DHARWAD URBAN
DEVELOPMENT AUTHORITY
REPRESENTED BY ITS COMMISSIONER
NAVANAGAR, TAL: HUBBALLI, DIST:
DHARWAD. ..RESPONDENTS
(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1,
SRI C V ANGADI, ADVOCATE,FPR R4-R6,
SRI G I GACHCHINAMATH, ADVOCATE FOR R7 & R8,
R2 & R3 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
LETTER DATED 03.02.2015 ISSUED BY RESPONDENT No.5 AS
PER ANNEXURE-D, DIRECT THE RESPONDENTS TO ACQUIRE THE
LAND OF THE PETITIONER AS DESCRIBED IN THE SCHEDULE BY
STRICTLY MAKING ARRANGEMENT FOR CALCULATING AND
PAYMENT OF FAIR COMPENSATION AND ETC.
IN W.P Nos.100431-100435/2016
BETWEEN:
1. SMT.PARVATEVVA W/O BASAPPA
AMINGAD, AGE 74 YEARS, OCC:
HOUSEHOLD WORK, R/O RAM NAGAR
41
1ST CROSS, OM BUILDING, TQ. & DIST:
DHARWAD.
2. SHIVALINGAPPA S/O BASAPPA
AMINGAD, AGE 53 YEARS, OCC:
BUSINESS, R/O RAM NAGAR
1ST CROSS, OM BUILDING, TQ. & DIST:
DHARWAD.
3. RAJASHEKAR BASAPPA AMINGA
AGE 51 YEARS, OCC: BUSINESS
R/O RAM NAGAR, 1ST CROSS
OM BUILDING, TQ. & DIST:
DHARWAD. ..PETITIONERS
(BY SRI F V PATIL, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION
OFFICER/ASSISTANT COMMISSIONER
(LAND ACQUISITION), KARNATAKA
ROAD DEVELOPMENT CORPORATION
LIMITED, BRTS OFFICE, RAYAPUR
TQ. & DIST. DHARWAD.
2. HUBLI DHARWAD BRTS COMPANY
LIMITED, HUBLI DHARWAD, REP. BY
ITS MANAGING DIRECTOR, DHARWAD
TQ. & DIST. DHARWAD.
3. THE DEPUTY DIRECTOR OF TOWN
PLANNING, HUBLI DHARWAD
MAHANAGARA PALIKE, DHARWAD
TQ. & DIST. DHARWAD.
4. HUBLI DHARWAD URBAN
DEVELOPMENT AUTHORITY
REP. BY ITS COMMISSIONER
NAVANAGAR, TQ. HUBBALLI
DIST. DHARWAD.
42
5. THE DEPUTY COMMISSIONER
DHARWAD, DIST: DHARWAD.
(amended v/c/o dtd:11.1.2021) ..RESPONDENTS
(BY SRI SHIVAPRABHU HIREMATH, AGA, FOR R5,
SRI C V ANGADI, ADVOCATE FOR R1,
SRI G K HIREGOUDAR, ADVOCATE FOR R4,
R3 & R2 SERVED)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
THE RESPONDENT NO.1 TO CONSIDER THE REPRESENTATION
DATED 06.01.2016 GIVEN BY THE PETITIONERS VIDE
ANNEXURE-E AND TO PASS A CONSENT AWARD IN RESPECT OF
THE PROPERTIES BEARING CTS.No.73/A TO THE EXTENT OF 161
SQUARE FEET CTS No.73/B TO THE EXTENT OF 187 SQUARE
FEET AND CTS No.73/C 829 SQUARE FEET AND CTS No.74/B TO
THE EXTENT OF 827 SQUARE FEET AND CTS No.127 TO THE
EXTENT OF 458 SQUARE FEET TO THE EXTENT OF 2011 SQUARE
METERS SITUATED AT DHARWAD CITY, TALUK AND DISTRICT
DHARWAD TO THE TOTAL EXTENT OF 2462 SQUARE FEET AT
THE RATE OF Rs.6,750/- PER SQUARE FEET, AS PER THE
CONSENT LETTERS GIVEN BY THE PETITIONERS AND ETC.
IN W.P Nos.103479-103481/2016
BETWEEN:
1. MAHAMMAD GOUSE
S/O JAFARSAB SAVANUR
AGE 66 YEARS.
2. GOUSEMODDIN, S/O JAFARSAB
SAVANUR, AGE 64 YEARS.
3. SHOUKATALI, S/O JAFARSAB
SAVANUR, AGE 54 YEARS
ALL R/O P B ROAD, DHARWAD. ..PETITIONERS
(BY SRI K L PATIL, ADVOCATE)
43
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY SECRETARY
URBAN DEVELOPMENT DEPARTMENT
No.504, 5TH FLOOR, 4TH GATE
M S BUILDING, AMBEDKAR VEEDHI
BENGALURU - 560001.
2. THE COMMISSIONER
DIRECTOR OF URBAN LAND TRANSPORT
URBAN DEVELOPMENT DEPARTMENT
BMTC, TIMC B BLOCK, 4TH FLOOR
SHANTI NAGAR, K H ROAD
BENGALURU - 560 002.
3. THE COMMISSIONER
HUBBALLI-DHARWAD MUNICIPAL
CORPORATION, HUBBALLI
DIST: DHARWAD.
4. CHIEF ENGINEER
KRDCL No.16, J MILLER
TANK BED AREA, TIMMAYYA
ROAD CROSS, BANGALORE-560002.
5. MANAGING DIRECTOR
HUBBALLI-DHARWAD BRTS CO. LTD.
1ST FLOOR, KSFC BUILDING
RAYAPUR, P B ROAD
DHARWAD - 580009.
6. SPL. LAND ACQUISITION OFFICER
& THE ASSISTANT COMMISSIONER
KRDCL, HDBRTSC OFFICE
1ST FLOOR, KSFC BUILDING
RAYAPUR, P B ROAD, DHARWAD-09.
7. EXECUTIVE ENGINEER
KRDCL, No.16, 3RD MAIN ROAD
DOLLARS COLONY, NEAR
VASTALLYA HOSPITAL
GOKUL ROAD, HUBLI. ..RESPONDENT
44
(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1 & R2,
SRI G I GACHCHINAMATH, ADVOCATE FOR R3,
SRI C V ANGADI, ADVOCATE FOR R4 - R7)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
THE RESPONDENT NO.6 TO PASS AWARD AS PER SECTION 28
OF KARNATAKA STATE HIGH WAY ACT AND TO PAY
COMPENSATION TO THE PETITIONERS & ETC.
IN W.P Nos.103483-103484/2016
BETWEEN:
1. CHAMANSAB, S/O ALLABHKSHA
PATHAN, AGE 51 YEARS.
2. ADAMKHAN, S/O ALLABHKSHA
PATHAN, AGE 45 YEARS.
BOTH R/O P B ROAD, DHARWAD. ..PETITIONERS
(BY SRI K L PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY SECRETARY
URBAN DEVELOPMENT DEPARTMENT
No.504, 5TH FLOOR, 4TH GATE
M S BUILDING, AMBEDKAR VEEDHI
BENGALURU - 560001.
2. THE COMMISSIONER
DIRECTOR OF URBAN LAND TRANSPORT
URBAN DEVELOPMENT DEPARTMENT
BMTC, TIMC B BLOCK, 4TH FLOOR
SHANTI NAGAR, K H ROAD
BENGALURU - 560 002.
3. THE COMMISSIONER
HUBBALLI-DHARWAD MUNICIPAL
CORPORATION, HUBBALLI
45
DIST: DHARWAD.
4. CHIEF ENGINEER
KRDCL No.16, J MILLER
TANK BED AREA, TIMMAYYA
ROAD CROSS, BANGALORE-560002.
5. MANAGING DIRECTOR
HUBBALLI-DHARWAD BRTS CO. LTD.
1ST FLOOR, KSFC BUILDING
RAYAPUR, P B ROAD
DHARWAD - 580009.
6. SPL. LAND ACQUISITION OFFICER
& THE ASSISTANT COMMISSIONER
KRDCL, HDBRTSC OFFICE
1ST FLOOR, KSFC BUILDING
RAYAPUR, P B ROAD, DHARWAD-09.
7. EXECUTIVE ENGINEER
KRDCL, No.16, 3RD MAIN ROAD
DOLLARS COLONY, NEAR
VASTALLYA HOSPITAL
GOKUL ROAD, HUBLI. ..RESPONDENTS
(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1 & R2,
SRI G I GACHCHINAMATH, ADVOCATE FOR R3,
SRI C V ANGADI, ADVOCATE FOR R4 - R7)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
THE RESPONDENT NO.6 TO PASS AWARD AS PER SECTION 28
OF KARNATAKA STATE HIGH WAY ACT AND TO PAY
COMPENSATION TO THE PETITIONERS & ETC.
IN W.P No.103485/2016
BETWEEN:
GIRISH, S/O SHANKARAO CHINCHORE
AGE 51 YEARS, R/O P B ROAD
DHARWAD. ..PETITIONER
46
(BY SRI K L PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY SECRETARY
URBAN DEVELOPMENT DEPARTMENT
No.504, 5TH FLOOR, 4TH GATE
M S BUILDING, AMBEDKAR VEEDHI
BENGALURU - 560001.
2. THE COMMISSIONER
DIRECTOR OF URBAN LAND TRANSPORT
URBAN DEVELOPMENT DEPARTMENT
BMTC, TIMC B BLOCK, 4TH FLOOR
SHANTI NAGAR, K H ROAD
BENGALURU - 560 002.
3. THE COMMISSIONER
HUBBALLI-DHARWAD MUNICIPAL
CORPORATION, HUBBALLI, DIST: DHARWAD.
4. CHIEF ENGINEER
KRDCL No.16, J MILLER
TANK BED AREA, TIMMAYYA
ROAD CROSS, BANGALORE-560002.
5. MANAGING DIRECTOR
HUBBALLI-DHARWAD BRTS CO. LTD.
1ST FLOOR, KSFC BUILDING
RAYAPUR, P B ROAD
DHARWAD - 580009.
6. SPL. LAND ACQUISITION OFFICER
& THE ASSISTANT COMMISSIONER
KRDCL, HDBRTSC OFFICE
1ST FLOOR, KSFC BUILDING
RAYAPUR, P B ROAD, DHARWAD-09.
7. EXECUTIVE ENGINEER
KRDCL, No.16, 3RD MAIN ROAD
DOLLARS COLONY, NEAR
VASTALLYA HOSPITAL
47
GOKUL ROAD, HUBLI. ..RESPONDENTS
(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1 & R2,
SRI G I GACHCHINAMATH, ADVOCATE FOR R3,
SRI C V ANGADI, ADVOCATE FOR R4 - R7)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
THE RESPONDENT NO.6 TO PASS AWARD AS PER SECTION 28
OF KARNATAKA STATE HIGH WAY ACT AND TO PAY
COMPENSATION TO THE PETITIONER & ETC.
IN W.P No.103482/2016
BETWEEN:
JYOTI, W/O FAKKIRAPPA CHAVAN
AGE 52 YEARS, R/O P B ROAD
DHARWAD. ..PETITIONER
(BY SRI K L PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY SECRETARY
URBAN DEVELOPMENT DEPARTMENT
No.504, 5TH FLOOR, 4TH GATE
M S BUILDING, AMBEDKAR VEEDHI
BENGALURU - 560001.
2. THE COMMISSIONER
DIRECTOR OF URBAN LAND TRANSPORT
URBAN DEVELOPMENT DEPARTMENT
BMTC, TIMC B BLOCK, 4TH FLOOR
SHANTI NAGAR, K H ROAD
BENGALURU - 560 002.
3. THE COMMISSIONER
HUBBALLI-DHARWAD MUNICIPAL
CORPORATION, HUBBALLI
DIST: DHARWAD.
48
4. CHIEF ENGINEER
KRDCL No.16, J MILLER
TANK BED AREA, TIMMAYYA
ROAD CROSS, BANGALORE-560002.
5. MANAGING DIRECTOR
HUBBALLI-DHARWAD BRTS CO. LTD.
1ST FLOOR, KSFC BUILDING
RAYAPUR, P B ROAD
DHARWAD - 580009.
6. SPL. LAND ACQUISITION OFFICER
& THE ASSISTANT COMMISSIONER
KRDCL, HDBRTSC OFFICE
1ST FLOOR, KSFC BUILDING
RAYAPUR, P B ROAD, DHARWAD-09.
7. EXECUTIVE ENGINEER
KRDCL, No.16, 3RD MAIN ROAD
DOLLARS COLONY, NEAR
VASTALLYA HOSPITAL
GOKUL ROAD, HUBLI. ..RESPONDENTS
(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1 & R2,
SRI G I GACHCHINAMATH, ADVOCATE FOR R3,
SRI C V ANGADI, ADVOCATE FOR R4 - R7)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT NO.6 TO PASS AWARD AS PER SECTION 28 OF
KARNATAKA STATE HIGH WAY ACT AND TO PAY COMPENSATION
TO THE PETITIONERS & ETC.
THESE WRIT PETITIONS HAVING BEEN HEARD AND
RESERVED ON 19.07.2021 FOR ORDER AND COMING ON FOR
PRONOUNCEMENT OF ORDER, THIS DAY HEMANT
CHANDANGOUDAR J., MADE THE FOLLOWING:
ORDER
In all the abovementioned writ petitions, the challenge is to the endorsements issued by the Special Land Acquisition Officer, 49 Karnataka Road Development Corporation Limited, Dharwad, refusing to pay compensation to the petitioners stating that the properties which were acquired vide notification dated 21.11.2012 issued under Section 17(3) of the Karnataka Highways Act, 1964, fell under the road margin area and as such vested with the Hubli - Dharwad Municipal Corporation, free from all encumbrances under Section 32(5) of the Karnataka Urban Development Authority Act, 1987. The petitioners have further sought for a direction from the Land Acquisition Officer to pass an award and pay compensation for having acquired properties belonging to them for widening of road from Hosur Circle, Hubballi, to Jubilee Circle, Dharwad, for the purpose of implementation of the BRTS project.
Since the issue involved in all these writ petitions is similar, they are taken up together for final disposal. WP No.104025/2016:
1.1 The petitioner, who is the owner of property bearing Block No.327 measuring 1 acre 34 guntas situated at Byredevarakoppa, Hubballi, submitted an application with the Hubli - Dharwad Urban Development Authority (hereinafter 50 referred to as 'PLANNING AUTHORITY') for approval of single layout plan in terms of government notification issued under Section 13-E of the Karnataka Town and Country Planning Act, 1961 (hereinafter referred to as 'KTCP Act'). The single layout plan was approved subject to certain terms and conditions and condition No.5 required the petitioner to develop service road measuring 9 meters and buffer area measuring 3 meters which was earmarked for widening of Pune - Bengaluru Road and handover the same free of cost to the Hubli - Dharwad Municipal Corporation (hereinafter referred to as 'HDMC'). Condition No.6 further required the petitioner to develop the road measuring 18 meters earmarked for widening of road in the master plan and handover the same to HDMC, free of cost. The Land Acquisition officer has declined to pass an award and pay compensation to an extent of 14 guntas 11 anas, on the ground that the said extent of land was shown as road margin area in the single layout plan.
WP No.104989/2018:
1.2 The petitioner who is the owner of land bearing Sy.
Nos. 120/1, 120/2, 95/3, 119/1A, 119/2, 125/1, 125/2, 115/5A, 51 115/4, 115/7, 115/1, 116/1A, 116/1B, 116/1C, 116/1D, 116/1E, measuring 2 acres 5 guntas, situated at Sattur, Dharwad, submitted an application with the Planning Authority for approval of building plan. The Planning Authority approved the building plan on 24.1.2003, subject to certain terms and conditions. Condition No.1 required the petitioner to handover a portion of the land which falls within 22.5 meters from the middle of the present National Highway, free of cost, to the HDMC. The Land Acquisition Officer declined to grant compensation on the ground that the said extent of land was required to be handed over to the HDMC free of cost in view of the condition imposed in the layout plan approved by the Planning Authority. WP No.104783/2016:
1.3 The petitioners, who are the owners of land bearing Sy.Nos.172/1, 172/2 and 172/3 respectively measuring 1 gunta 10.25 anas, 5 guntas 2 anas and 7 guntas 1.5 anas respectively situated at Navalur village, Dharwad, submitted an application for approval of single layout plan in terms of the government notification issued under 13-E of the KTCP Act. The single layout plan was approved by the Planning Authority on 21.6.2011 for 52 commercial purposes subject to certain terms and conditions.
Condition No.3 specified that the petitioner shall obtain building permission only after developing 9 meters service road and 3 meters buffer area shown in the approved layout plan and handover the same to the HDMC free of cost. The Land Acquisition officer has declined to pass an award and pay compensation to an extent of land measuring 3146.08 sq.meters on the ground that the same was shown as road margin area in the single layout plan.
WP No.112114/2017:
1.4 The land bearing Block No.164/2 measuring 12 guntas situated at Navalur, Dharwad belonging to the petitioner was converted for Industrial purposes. On an application submitted by the petitioner, the planning authority approved the single layout plan for industrial purposes and an extent of 2 guntas 14 annas was earmarked for road margin area for the proposed widening of Pune-Bengaluru National Highway - NH-4 in the master plan. An extent of 2 guntas 03 annas was acquired for the BRTS project and compensation was denied on the ground that the land earmarked as road margin area belongs to the HDMC.53
WP No.103770/2015:
1.5 The petitioner, who is the owner of the property bearing Block No.117/A1 measuring 3 acres 1 gunta situated at Sattur, Dharwad, submitted an application with the Planning Authority for approval of single unit layout for industrial purposes. The Planning Authority approved the single unit plan for industrial purposes on 2.6.1981, wherein an extent of 11 guntas 9 anas of land was shown as road margin area. An extent of 10 guntas 10.25 anas was acquired for the purpose of BRTS project and compensation was denied stating that the said extent of acquired land belongs to HDMC.
WP No.104728/2016:
1.6 The petitioner is the owner of land bearing RS No.64/J (64/2B/1B/1A/1A/2 Plot No.7) measuring 10 guntas 10 anas situated at Lakkammanahalli, Dharwad. In the layout approved by the erstwhile Planning Authority, the said extent of 10 gutnas 10 anas of land was shown as road margin area and the same was acquired for the BRTS project, but however, the compensation was denied on the ground that the land which is 54 shown as road margin area in the approved layout plan belongs to the HDMC.
WP No.107889/2016:
1.7 The petitioner, who is the owner of property bearing Block No.2/1/A measuring 1 acre and property bearing Block No.3 measuring 14 guntas situated in Amargol, Dharwad, submitted an application with the competent Authority for approval of a single layout plan for commercial purposes under Section 95 of the Karnataka Land Revenue Act. The competent Authority by an order dated 8.12.1991 granted permission to the owner for diverting the land in question for commercial purposes subject to certain terms and conditions, and one of the conditions specified was that the petitioner was required to obtain prior approval of the Planning Authority before developing the land for commercial purposes. On an application filed by the petitioner, the Planning Authority by communication dated 20.2.1999 at Annexure-R4 approved the layout plan subject to certain terms and conditions. In the approved layout plan, there is no land shown as road margin area and also there is no condition specifying that the area earmarked as road margin area is required to be developed and handed over to the HDMC 55 free of cost. An extent of 12 guntas 2 anas was acquired for the BRTS project, however, payment of compensation was denied on the ground that the land belongs to the HDMC. WP No.103479/2016
1.8 The petitioners are the owners of property bearing RS.No.64/F measuring 19 guntas situated at Lakkammanahalli, Dharwad. An extent of 1 gunta 10.2 anas was acquired for the BRTS project. However, payment of compensation was denied on the ground that the acquired land is earmarked as road margin in the layout plan which was approved on 13.3.1970, under the provisions of the KTCP Act by the Planning Authority and as such the land vested with the HDMC is contended to be free from encumbrances.
WP No.103482/2016:
1.9 The petitioner is the owner of the property bearing RS No.64/M (64/2B/1A/2B/Plot No.9) measuring 13 guntas situated at Lakkammanahalli, Dharwad. An extent of 15.75 anas is acquired for the BRTS project. However, payment of compensation was denied on the ground that the acquired land is earmarked as road margin in the layout plan which was approved on 13.3.1970, under the provisions of the KTCP Act by 56 the Planning Authority and as such the land is vested with the HDMC, free from encumbrances.
WP No.103483/2016:
1.10 The petitioners are the owners of property bearing RS No.64/H (64/2A/1A/1B/Plots NO.3 and 4) measuring 24 guntas 18 anas and property bearing RS No.64/H (64/2B/1A/1A/2/Plot No.5) measuring 12 guntas both situated at Lakkammanahalli, Dharwad. An extent of 3 guntas 7 anas in RS No.64/H is acquired for the BRTS project. However, compensation was denied on the ground that the acquired land is earmarked as road margin area in the layout plan which was approved on 13.3.1970, under the provisions of the KTCP Act by the Planning Authority and as such the land is vested with the HDMC, free from encumbrances.
WP No.103485/2016:
1.11 The petitioners are the owners of property in RS No.64/1 measuring 11 guntas 34 anas situated at Lakkammanahalli, Dhawad. An extent of 1 gunta 6 anas in RS No.64/1 is acquired for the purpose of the BRTS project.
However, payment of compensation was denied on the ground that the acquired land was earmarked as road margin area in the 57 layout plan which was approved on 13.3.1970, under the provisions of the KTCP Act by the Planning Authority and as such the land is vested with the HDMC, free from encumbrances. WP No.106557/2015:
1.12 The petitioner is the owner of plot bearing Nos.1E and 2B formed in Block Nos.19(P), 20(P), 34(P) and 35(P) of Rayapur village, Dharwad. These plots were allotted by the KIADB with the condition that there shall be no construction within 15.10 meters from the centre of the old Pune - Bengaluru Highway. An extent of 22.5 meters from the centre of the road was acquired for the BRTS project. However, payment of compensation was denied to the petitioner on the ground that the KIADB was required to develop 20 feet wide green space abutting NH-4 and thereafter developed 40 feet service road and as such the land is vested with the HDMC.
WP No.112263/2017:
1.13 The petitioner is the owner of plot Nos.1, 2, 3, 13 and 14 of Lakkammana Industrial Area situated in Sy.Nos.28, 29, 39, 40, 41 and 42 of Lakkammanahalli village, Dharwad-
Hubli, Dharwad, totally measuring 102584.13 sq. meters. An extent of 10 guntas 2 annas was acquired for the BRTS project, 58 however, payment of compensation was denied on the ground that the acquired land is earmarked as road margin area in the layout approved by the KIADB.
WP No.109564/2016:
1.14 Petitioner is the owner of land bearing Sy.No.27/6A measuring 5 guntas 10 anas situated in Lakkammanahalli village, Dharwad. The Hubli-Dharwad Urban Development Authority approved the single unit layout for commercial purposes subject to the condition that the land earmarked as road margin area in the layout plan should be developed and handed over to the HDMC. An extent of 3 meter buffer road and 9 meter service road was acquired for the purpose of the BRTS Project. However, the payment of compensation was denied on the ground that acquired land is earmarked as road margin area in the approved layout plan.
WP No.106157/2016:
1.15 Petitioner is the owner of the land bearing RS No.27/6D measuring 4 guntas 10 anas situated in Lakkammanahalli village, Dharwad. The Hubli-Dharwad Urban Development Authority approved the single unit layout for commercial purposes subject to the condition that the land 59 earmarked as road margin area in the layout plan should be developed and handed over to the HDMC. An extent of 1 gunta 3.5 anas was acquired for the BRTS project, however, payment of compensation was denied on the ground that the acquired land is earmarked as road margin area in the approved layout plan.
WP No.106159/2016:
1.16 The petitioner is the owner of land bearing RS No.27/6A measuring 5 acres 10 annas situated in Lakkammanahalli village, Dharwad. The Hubli-Dharwad Urban Development Authority approved the single unit layout for commercial purposes subject to the condition that the land earmarked as road margin area in the layout plan should be developed and handed over to the HDMC. An extent of land measuring 1 gunta 6.7 anas was acquired for the BRTS project, however, the payment of compensation was denied on the ground that the acquired land was earmarked as road margin area in the approved layout plan.
WP No.103380/2016:
1.17 The petitioner is the owner of land bearing Sy.No.27/6B/2 measuring 3 guntas 12 anas situated in 60 Lakkammanahalli village, Dharwad. An extent of 0 gunta 15 anas was acquired for the BRTS project. Petitioner further states that an extent of 300 sq. feet was also acquired during the pendency of the writ petition, however, payment of compensation was denied on the ground that the acquired land was earmarked as road margin area in the approved layout plan and vested with the HDMC, free from encumbrances.
WP No.106558/2015:
1.18 The plot No.1-C comprised in Block No.34, Block No.40 (part) and Block No.41 (part) measuring 6016 sq. meters situated in Rayapur village, Dharwad, in the Industrial Layout formed by the KIADB was allotted to the Petitioners, subject to the condition that the petitioner shall not put up any construction in the land falling within 15.10 meters from the centre of NH-4 earmarked as road margin area. Petitioners' case is that an extent of 22.5 meters from the centre of the road was acquired for the BRTS project, however, the payment of compensation was denied on the ground that the acquired land was earmarked as road margin area in the layout plan approved by the KIADB and as such, the acquired land vested with the HDMC is free from all encumbrances.61
WP No.103486/2016:
1.19 The petitioners are the owners of land bearing Sy.No.64/1A/1A/1A/1A/1B+2A/1A/1A/1A/1 measuring 19 guntas situated in Lakkammanahalli village, Dharwad. The then competent Authority under the provisions of Bombay Land Revenue Code 1879 by an order 16.1.1962 permitted the owners of the said land to utilise the land for non-agricultural purposes and one of the conditions imposed was that the land falling within 68 feet from the centre of NH-4 and 10 feet on the other side should be left open to the sky and that no structure of any sort except a compound wall should be built on the plot. The said extent of open space was acquired for the BRTS project, however, payment of compensation was denied on the ground that the acquired land is earmarked as road margin area in the order passed by the said competent Authority and as such, the acquired land vested with the HDMC is free from all encumbrances.
WP No.104785/2016:
1.20 Petitioners are the owners of the land bearing RS No.25/2 measuring 3 acres 12 guntas situated in Lakkammanahalli village, Dharwad and by the order dated 62 21.8.1982, the petitioners were permitted to utilize the land for industrial purposes subject to the condition that an extent of 6 guntas 1 ana earmarked as road margin area should be kept open. The said extent of road margin area was acquired for the purpose of the BRTS project, however, payment of compensation was denied on the ground that the acquired land was earmarked as road margin area and as such vested with the HDMC, free from all encumbrances.
WP No.100431/2016:
1.21 The petitioners are the joint owners of the properties bearing CTS Nos.73/A, 73/B, 73/C, 74/B and 127/D in all measuring 2011 sq. meters situated at Dharwad City. An extent of 2462 sq. feet of land was earmarked as road margin area for widening of the road in the layout plan approved by Hubli-
Dharwad Urban Development Authority. The said extent of land earmarked for widening of the road was acquired for the purpose of the BRTS project, however, the petitioners state that the payment of compensation was denied on the ground that the acquired land was earmarked as road margin area and as such vested with the HDMC free from all encumbrances. 63 WP No.101172/2016:
1.22 The petitioner is the owner of immovable property bearing CTS No.307/1A/1B measuring 8 guntas 64 sq. yards situated in Hosayellapur, Dharwad City. An extent of 2154 sq. feet is acquired for the BRTS project; however, payment of compensation was denied on the ground that the acquired land was earmarked as road margin area in the layout plan approved by the Hubli-Dharwad Urban Development Authority and as such, the acquired land vested with the HDMC is free from all encumbrances.
WP No.103447/2016:
1.23 The petitioner is the owner of land bearing RS No.19/2 measuring 7 acres 9 guntas situated in Lakkammanahalli village, Dharwad. An extent of 3 guntas 6 anas and an extent of 17 guntas 9 anas in Sy.No.19 was acquired for the BRTS project, however, payment of compensation was denied to an extent of 17 guntas 9 anas on the ground that the land was earmarked as road margin area in the layout plan approved by the KIADB and as such, the acquired land vested with the HDMC is free from all encumbrances. 64
WP No.102904/2016:
1.24 The petitioner is the owner of the commercial-cum-
residential property bearing No.12 situated in Sy.No.63/13 totally measuring 4 guntas and 1.5 anas of Lakkammanahalli village, Dharwad. An extent of 1633.50 sq. feet was acquired for the BRTS project, however, payment of compensation was denied on the ground that the acquired land was earmarked as road margin area in the layout plan approved by the Assistant Director of Town Planning, Hubli dated 5.3.1965 and the modified plan dated 17.4.1968 and as such, the acquired land vested with the HDMC is free from all encumbrances. WP No.103451/2016:
1.25 The petitioner is the owner of the commercial-cum-
residential property bearing No.44 situated in Sy.No.63/5 totally measuring 4 guntas and 2.25 anas of Lakkammanahalli village, Dharwad. An extent of 1450 sq. feet was acquired for the purpose of BRTS project; however, payment of compensation was denied on the ground that the acquired land was earmarked as road margin area in the layout plan approved by the Assistant Director of Town Planning, Hubli dated 5.3.1965 and the 65 modified plan dated 17.4.1968 and as such, the acquired land vested with the HDMC is free from all encumbrances. WP No.103019/2016:
1.26 The petitioner is the owner of the commercial property bearing plot No.10 measuring 6 guntas 3.75 anas situated in Sy.No.63/9 of Lakkammanahalli village, Dharwad. An extent of 3 guntas 75 anas acquired for the purpose of the BRTS project, however, payment of compensation was denied on the ground that the acquired land was earmarked as road margin area in the layout plan approved by the Assistant Director of Town Planning, Hubli dated 5.3.1965 and the modified plan dated 17.4.1968 and as such, the acquired land vested with the HDMC is free from all encumbrances.
WP No.102905/2016:
1.27 The petitioner is the owner of the commercial-cum-
residential property bearing No.14 situated in Sy.No.63/15 totally measuring 4 guntas and 1.5 anas of Lakkammanahalli village, Dharwad. An extent of 1480.36 sq. feet was acquired for the purpose of the BRTS project, however, payment of compensation was denied on the ground that the acquired land was earmarked as road margin area in the layout plan approved 66 by the Assistant Director of Town Planning, Hubli dated 5.3.1965 and the modified plan dated 17.4.1968 and as such, the acquired land vested with the HDMC is free from all encumbrances. However, the compensation was awarded to an extent of 0.5 anas excluding 1480.36 sq. feet which was acquired pursuant to the preliminary notification.
WP No.103319/2016:
1.28 The petitioner is the owner of the plot No.1 found in RS No.110 of Sattur village, Dharwad measuring 5 acres 29 sq. yards. An extent of 7 guntas 8 anas was acquired for the purpose of the BRTS project, however, payment of compensation was denied on the ground that the acquired land was earmarked as road margin area in the layout plan approved by the KIADB and as such, the acquired land vested with the HDMC is free from all encumbrances.
WP No.108208/2016:
1.29 The petitioner is the owner of the land bearing Sy.Nos.55/4 and 55/5 each measuring 11 guntas 4 anas situated in Amargol village, Hubballi Taluk. The said plots are earmarked for commercial purposes in the master plan published by HDMC.
An extent of 1 guntas and 10 anas in Sy.No.55/4 and an extent 67 1 gunta 9.75 anas in Sy.No.55/5 are acquired for the purpose of the BRTS project, however, payment of compensation was denied on the ground that the acquired land was earmarked as road margin area in the layout plan approved by the Director of Town Planning on 27.7.1967 and the owner has relinquished his right in respect of the road margin area in favour of HDMC and as such, the acquired land vested with the HDMC is free from all encumbrances.
WP No.104784/2016:
1.30 The petitioner is the owner of property bearing No.5/3 measuring 19 guntas 13 anas and property bearing No.5/4 measuring 19 guntas 13 anas both situated in Amargol village, Taluk Hubbali. An extent of 2 guntas 10 anas was acquired for the purpose of the BRTS project, however, payment of compensation was denied on the ground that the acquired land was earmarked as road margin area in the layout plan approved by the Hubli-Dharwad Urban Development Authority and as such, the acquired land vested with the HDMC is free from all encumbrances.
WP No.106158/2016:
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1.31 The property bearing Sy.No.27/6B1 measuring 1 guntas 4.75 anas situated at Lakkammanahalli Dharwad belonging to the petitioner was acquired for the purpose of the BRTS project. However, payment of compensation was denied on the ground that the acquired land was earmarked as road margin area in the single layout plan approved by the Hubli-Dharwad Urban Development Authority and as such, the acquired land vested with the HDMC is free from all encumbrances.
WP No.106269/2015:
1.32 The petitioner is the owner of property bearing plot No.2/1A measuring 1 acre and plot No.3 measuring 14 guntas both situated at Amargol village, Taluk Hubli. An extent of 12 guntas 2 anas in plot No.2/1A is acquired for the purpose of BRTS project, however, payment of compensation is denied on the ground that the acquired land was earmarked as road margin area in the single layout plan approved by the Hubli - Dharwad Urban Development Authority and as such, the acquired land vested with the HDMC is free from all encumbrances.
WP No.1103548/2016:
1.33 The petitioner is the owner of commercial property bearing No.6 in Sy.No.63 measuring 6 guntas situated in 69 Lakkammanahalli village, Dharwad. An extent of 4 anas is notified and acquired for the purpose of the BRTS project leaving an extent of 1497.49 sq. feet earmarked as road margin area in the layout plan approved by the Assistant Director of Town Planning, Hubli dated 5.3.1965 and the modified plan dated 17.4.1968 and as such, the acquired land vested with the HDMC is free from all encumbrances.
W.P Nos.108208 -108209 /2016 (LA-RES) & connected matters (BRTS)
1. Sri Gangadhar Gurumath, learned Senior Counsel appearing for the petitioners in WP Nos.108208-108309/2016 submits that the properties belonging to the petitioners acquired for the purpose of BRTS project were earmarked as road margin area in the approved layout plans and hence, the properties in question do not come under the purview of Section 32(5) of the Karnataka Urban Development Authorities Act, 1987 (for short 'KUDA Act'). He further submits that the condition stipulated in the order approving the layout plan, specifying the road margin area, should be relinquished in favour of the petitioners. HDMC cannot deprive the right of the petitioners for claiming compensation since the petitioners cannot be deprived of their properties by mere executive fiat without any specific legal 70 authority or support by competent legislature as enumerated under Article 300A of the Constitution of India. In support, a reliance is placed on the decision of the Apex court in the case of KT Plantation Pvt. Ltd. -vs- State of Karnataka reported in AIR 2011 SC 3430. Hence, he submits that denial of compensation to the petitioners is contrary to Article 300A of the Constitution of India.
2. Learned counsel appearing for the petitioners in the connected writ petitions would adopt the submission made by the learned Senior Counsel.
Sri Aravind Kamath, learned Senior Counsel appearing on behalf of petitioner's counsel in WP No.106558/2015 would submit that the land was allotted to the petitioner by the KIADB with a condition that the petitioner shall not put up any construction within 15.10 meters from the center of the NH-4. he further submits that the layout was approved under the provisions of the KIAD Act which is a self-contained code and the provisions of Section 32(5) of the KUDA Act cannot be made applicable to the layout approved under the KIAD Act. Hence, he submits that the acquired property in question does not fall under the purview of Section 32(5) of the KUDA Act. 71
3. On the other hand, learned counsel appearing for the Special Land Acquisition Officer - Beneficiary would make the following submissions:
1) The acquired properties in question were earmarked as road margin area in the layout plans approved by the competent Authorities and as such, the acquired properties come under the purview of Section 32(5) of the KUDA Act, which requires the owner to transfer ownership of areas to Authorities without claiming compensation.
2) The owners of the properties in question having accepted the conditions imposed in the order approving the respective layout plans which specified that the owners should relinquish their rights in respect of acquired properties earmarked as road margin area in favour of the local Authority without claiming any compensation cannot now approbate and reprobate having derived benefit of the sanction and later questioning of disowning the conditions that the same are contrary to law.
In support of his submission, he relied on the following decisions:
(1) Cauvery Coffee Traders -vs- Hornor Resources International Co. Ltd. reported in (2011) 10 SCC page 420;72
(2) V Chandrashekharan and another -vs- Administrative Officer and others reported in (2012) 12 SCC page 133;
(3) Mumbai International Airport Pvt. Ltd.,-vs- Golden Chariot Airport, reported in (2010) 10 SCC page 422.
3) He submits that Section 76(1) of the KUDA Act creates over riding effect of the provisions of KIAD Act. Hence, Section 32(5) of the KUDA Act is also applicable to the acquired properties earmarked as road margin area in the layout plan approved under the KIAD Act.
4. Learned counsel appearing for the Hubli Urban Development Authority and the Hubli-Dharwad Municipal Corporation would reiterate the submissions made by the learned counsel for the BRTS Project.
5. I have carefully examined the submissions made by the learned counsel appearing for the parties and perused the materials on record.
6. The points that arise for consideration in these writ petitions are as follows;
a) Whether the acquired properties in question, which were earmarked for widening of National 73 Highway No.4 in the Master Plan published by local planning authority and earmarked as road margin area in the layout plans approved under the provisions of the KUDA Act, Karnataka Town and Country Planning Act (for short 'KTCP Act') and the KIAD Act fall under the purview of Section 32(5) of the KUDA Act?
b) Whether the petitioners having derived benefit under the approved plans and having accepted the conditions can contend that by executive fiat be deprived of their properties without payment of compensation?
Point No.1:
7. Before adverting the controversy in the dispute, it would be appropriate to reproduce the relevant provisions of the KUDA Act, KTCP Act and KIAD Act.
8. Section 12 & 17(3) of the Karnataka Town and Country Planning Act, 1961 reads as follows;
12) (1) The Master Plan shall consist of a series of maps and documents indicating the manner in which the development and improvement of the entire planning area within the jurisdiction of the Planning Authority are to be carried out and regulated, such plan shall include proposals for the following, namely:-
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(a) zoning of land use for residential, commercial, industrial, agricultural, recreational, educational and other purposes together with Zoning Regulations;
(b) a complete street pattern, indicating major and minor roads, national highways, and state highways, and traffic circulation pattern, for meeting immediate and future requirements with proposals for improvements;
17(3) No compensation shall be payable for the refusal or the insertion, imposition or modification or conditions in the grant of sanction."
9. Section 32(5) of the KUDA Act, 1987 reads as follows:
"(5) The Authority may require the applicant to deposit, before sanctioning the application, the sums necessary for meeting the expenditure for making roads, side drains, culverts, underground drainage and water supply and lighting and charges for such other purpose as such applicant may be called upon by the Authority, provided the applicant also agrees to transfer the ownership of the roads, drains, water supply mains, parks and open spaces, civic amenity areas laid out by him to the Authority, permanently without claiming any compensation therefor."
10. A reading of Section 12(1)(b) of the KTCP Act would indicate that the Local Planning Authority may designate any land for the purpose of forming or widening of National Highway in future and Section 17(3) indicates that the owner will not be 75 entitled for compensation for the condition imposed in the grant of sanction plan.
11. Sections 70 and 71 of the KTCP Act specify that land needed for the purpose of town planning scheme or master plan shall be deemed to be land needed for a public purpose within the meaning of the Land Acquisition Act, 1894. Section 71 gives power of the State Government to acquire land included in the master plan under the provisions of Land Acquisition Act, 1994 and determine the compensation payable to the land owners. A reading of this provision clearly indicates that the State Government is liable to pay compensation in respect of the land which is earmarked as road in the master plan under Section 12(1)(b) of the KTCP Act and acquired under the provisions of Land Acquisition Act, 1894. Section 17(3) of the KTCP Act is only applicable to lands enumerated in Section 17(2-A) of the KTCP Act i.e. road, park and playground and civic amenities site which are developed in the sanctioned layout.
12. Section 32(5) of the KUDA Act, 1987 would indicate that the owner shall transfer the ownership of road laid out by him in the layout to the local authority without claiming any compensation.
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13. The KIAD Act is self contained code and there is no provision in the KIAD Act which specifies that the area which is laid out as road in the layout approved under the said Act shall vest with the local Authority free from all encumbrances.
14. Admittedly, the acquired properties in question were earmarked for widening of National Highway No.4 in the master plan published by the local Planning Authority. The Authorities while sanctioning the layout plans (residential/commercial/industrial) having regard to the fact that the portion of lands which were earmarked for widening of national highway imposed a condition that the said portion of land referred to as margin area should be surrendered or relinquished in favour of the local Authority free of cost. Thus, the acquired properties were earmarked as road margin area in the approved layout plans in the context of the said properties being earmarked for widening of national highway in the master plan published by the local Planning Authority and not as roads which were to be formed in the respective approved layout. The layout plans were sanctioned by imposing a condition that the area earmarked as road margin area specifying that the same 77 should be surrendered in favour of the local Authority free of cost.
15. Section 32 of the KUDA Act specifies that the ownership of roads formed in the layout plans should be transferred to the local Authority without claiming any compensation. In the present cases, the land earmarked for road widening was not incorporated in the development plan and were neither developed as road nor was there a requirement for the owner to develop the road margin area by forming a road and was not part of the area permitted to be developed by the owner under Section 32 of the KUDA Act.
16. Road Margin Area means the portion of land at the edge of the property abutting an existing road or a proposed road and not the roads which are formed within the developed property. The acquired properties were all portions of lands at the edge of the property and admittedly abutting the old National Highway No.4. The properties in question acquired for the BRTS project cannot be said that the same comes under purview of Section 32(5) of the KUDA Act. Hence, the denial of compensation to the petitioners on the ground that the acquired 78 properties come under the purview of Section 32(5) of the KUDA Act is not sustainable and violates Articles 300A of the Constitution of India.
Point No.2:
17. Admittedly in the order passed under the provisions of KTCP Act, KUDA Act & KIAD Act approving the respective layout plans, a condition was imposed that the area earmarked as road margin area should be surrendered or handed over to the local Authority free of cost. The petitioners or the erstwhile owners of the acquired properties in question accepted the said condition and derived the benefit under the sanctioned layout plan.
18. Before answering the point raised for consideration as to whether the petitioners, having accepted the conditions, can approbate and reprobate; that they cannot be deprived of compensation by an executive order is required to be considered in the backdrop of the following ratio enunciated by the Apex Court.
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19. The Apex Court in the case of Cauvery Coffee Traders - Hornor Resources International Co. Ltd. reported in (2011) 10 SCC page 420 has held at para-34 as under:
"34. A party cannot be permitted to "blow hot and cold", "fast and lose" or "approbate and reprobate".
Where on knowingly accepting the benefit of a contract or conveyance or an order, is estopped to deny the validity or binding effect on him of such contract or conveyance or order. This Rule is applied to do equity, otherwise it must not be applied in a manner as to violate the principles of right and good conscience."
20. The Apex Court in the case of V Chandrashekharan and another -vs- Administrative Officer and others reported in (2012) 12 SCC page 133 has held at para 39 as follows:
"39. In Cauvery Coffee Traders -vs- Hornor Resources International Co. Ltd., this Court considered a large number of judgments on the issue of estoppel and held as under: (SCC page 432, paras 34-35) "34. A party cannot be permitted to "blow hot and cold", "fast and lose" or "approbate and reprobate".
Where on knowingly accepting the benefit of a contract or conveyance or an order, is estopped to deny the validity or binding effect on him of such contract or conveyance or order. This rule is applied to do equity, 80 otherwise it must not be applied in a manner as to violate the principles of right and good conscience."
21. The petitioners in all these writ petitions or the erstwhile owners of the acquired properties in question have accepted the condition imposed in the order approving the respective layout plans for surrendering or relinquishing the land earmarked as road margin area. The Apex Court in the cases referred to supra has held that the party knowingly deriving the benefit of a contract is estopped from denying the validity or the binding effect of such contract on him.
22. The Apex Court in the case of KT Plantation Pvt. Ltd (supra) has held that the owner of immoveable property cannot be deprived of their properties by mere executive order without any specific legal Authority or support by competent legislation as enumerated under Article 300A of the Constitution of India.
23. Further, in the case of State of N.C.T. of Delhi and Ors. vs. Sanjeev, reported in AIR 2005 SC 2080, the Supreme Court opined that it is trite law that exercise of power, whether legislative or administrative, will be set aside if there 81 is manifest error in the exercise of power or if the exercise of such power is manifestly arbitrary.
24. Referring to Municipal Council, Neemuch v. Mahadeo Real Estate and Ors. reported in (2019) 10 SCC 738, the Apex Court made it very clear that if the decision maker has not understood the law correctly that regulates his decision-making power or when it is found that the decision of the decision maker is vitiated by irrationality invoking the principle of "Wednesbury Unreasonableness" or if it is found that there has been a procedural impropriety in the decision- making process, it would be permissible for the High Court to interfere in the decision-making process.
25. The doctrine of approbation and reprobation is only a species of estoppel - it applies only to the conduct of parties. An element of fair play is inbuilt in this principle. As in the case of estoppel, it cannot operate against the provisions of statute as held by the Apex Court in the case of Commissioner of Income Tax, Madras -vs- V. MR P. Firm Muar reported in 1961 SC 1216 and Union Of India vs N Murugesan reported in 2021 (3) SLJ 401 (SC).
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26. The Scott's law of approbation and reprobation is applicable in cases wherein restitution is impossible or inequitable after the exercise of the choice, as held by the Supreme Court in Bhau Ram vs. Baij Nath Singh reported in 1961 AIR 1327.
27. The KTCP Act, KUDA Act or the KIADB Act do not contain any provision which specify the portion of the land which was earmarked for widening of the road or for formation of road in future, in the Master Plan; and which area earmarked as road margin area in the approved layout plans should be surrendered or relinquished in favour of the local Authority. Section 32(5) of the KUDA Act only specifies that the owner is required to transfer the road formed in the layout in favour of the local Authority without claiming any compensation. In the absence of any legal Authority or support by competent legislature as enumerated in the Article 300A of the Constitution of India, the petitioners cannot be deprived of their rights for claiming compensation as held by the Apex Court in the case of KT Plantation (supra). In the absence of any legal sanctity, the conditions imposed are not enforceable against the petitioners. Hence, the decisions 83 relied upon by the learned counsel for the KRDC Limited are not applicable to the facts of the case.
28. In view of the preceding analysis, I am of the considered view that the properties in question acquired for BRTS project does not fall under the purview of Section 32(5) of the KUDA Act and the petitioners are entitled for compensation towards the properties belonging to them, acquired for the purpose of BRTS property. Accordingly, I pass the following:
ORDER
i) Writ petitions are allowed;
ii) It is declared that the impugned endorsements issued by the Special Land Acquisition Officer, Karnataka Road Development Corporation Limited denying the compensation to the petitioners is held to be in violation of Article 300A of the Constitution of India;
iii) The Special Land Acquisition Officer, Karnataka Road Development Corporation Limited hereby directed to pass an award and pay compensation to the petitioners in accordance with law after 84 notifying the petitioners within six months from the date of receipt of certified copy of this order.
iv) The Revenue Authorities concerned are hereby directed to delete the name of the Hubli-Dharwad Municipal Corporation from the revenue records in respect of portion of properties which are earmarked as road margin area in the respective approved layout plans and which are not acquired for the purpose of BRTS project;
v) It is made clear that the Special Land Acquisition Officer, Karnataka Road Development Corporation Limited shall verify actual extent of properties acquired for BRTS project and thereafter pass an award.
Sd/-
JUDGE Bkm