Karnataka High Court
Mr M L Krishnamurthy vs Union Of India on 16 April, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
-1-
NC: 2024:KHC:15147
WP No. 58389 of 2016
C/W WP No. 24640 of 2016
WP No. 24641 of 2016
WP No. 58897 of 2016
WP No. 58979 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
WRIT PETITION NO. 58389 OF 2016 (LA-RES)
C/W
WRIT PETITION NO. 24640 OF 2016 (LA-RES)
WRIT PETITION NO. 24641 OF 2016 (LA-RES)
WRIT PETITION NO. 58897 OF 2016 (LA-RES)
WRIT PETITION NO. 58979 OF 2016 (LA-RES)
IN W.P.No.58389/2016:
BETWEEN:
1. MR M L KRISHNAMURTHY
AGED ABOUT 62 YEARS,
S/O LATE M L LAXMAN SHETTY,
R/AT NO.1636, CB ROAD,
Digitally
signed by HOLALKERE TOWN, CHITRADURGA DISTRICT,
KIRAN KARNATAKA-577526.
KUMAR R
Location:
...PETITIONER
HIGH (BY SRI. BALARAM M L., ADVOCATE)
COURT OF
KARNATAKA
AND:
1. UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
MINISTRY OF ROAD TRANSPORT &
HIGHWAYS TRANSPORT(PARIVAHAN)
BHAWAN 1, PARLIAMENT STREET,
NEW DELHI-110001.
2. THE SPECIAL LAND ACQUISITION OFFICER
-2-
NC: 2024:KHC:15147
WP No. 58389 of 2016
C/W WP No. 24640 of 2016
WP No. 24641 of 2016
WP No. 58897 of 2016
WP No. 58979 of 2016
COMPETENT AUTHORITY UNDERE THE ACT
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
P.W.D.COMPOUND, K.R.CIRCLE,
BANGALORE-560001.
3. THE CHIEF ENGINEER
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
P.W.D. COMPOUND,
K.R.CIRCLE, BANGALORE-560001.
4. THE ASSISTANT EXECUTIVE ENGINEER
KARNATAKA PUBLIC WORKS DEPARTMENT,
P.W.D.OFFICE, HOLALKERE-577526.
5. THE EXECUTIVE ENGINEER
PPP CELL, NATIONAL HIGHWAY-60 FT.ROAD,
GOPALAGOWDA BADAVANE,
NATIONAL HIGHWAY SUB-DIVISION,
SHIVAMOGGA-577 201.
...RESPONDENTS
(BY SMT.RESHMA.K.THAMMAIAH, CGC FOR R-1;
SRI. MANJUNATH RAYAPPA, AGA FOR R-2 TO R-5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE NOTICE OF AWARD DATED 01.01.2014 AT
ANNEXURE-A ISSUED BY R-2, ETC.
IN W.P. No.24640/2016:
BETWEEN:
1. MR. M.L.GURURAJ,
AGED ABOUT 55 YEARS, S/O LATE LAXMAN SETTY,
R/AT No.1639, CB ROAD,
HOLALKERE TOWN, CHITRADURGA DISTRICT,
KARNATAKA-577 526.
...PETITIONER
-3-
NC: 2024:KHC:15147
WP No. 58389 of 2016
C/W WP No. 24640 of 2016
WP No. 24641 of 2016
WP No. 58897 of 2016
WP No. 58979 of 2016
(BY SRI. BALARAM.M.L., ADVOCATE)
AND:
1. UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
MINISTRY OF ROAD TRANSPORT &
HIGHWAYS TRANSPORT(PARIVAHAN)
BHAWAN 1, PARLIAMENT STREET,
NEW DELHI-110001.
2. THE SPECIAL LAND ACQUISITION OFFICER
COMPETENT AUTHORITY UNDERE THE ACT
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
P.W.D.COMPOUND, K.R.CIRCLE,
BANGALORE-560001.
3. THE CHIEF ENGINEER
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
P.W.D. COMPOUND,
K.R.CIRCLE, BANGALORE-560001.
4. THE ASSISTANT EXECUTIVE ENGINEER
KARNATAKA PUBLIC WORKS DEPARTMENT,
P.W.D.OFFICE, HOLALKERE-577526.
5. THE EXECUTIVE ENGINEER
PPP CELL, NATIONAL HIGHWAY-60 FT.ROAD,
GOPALAGOWDA BADAVANE,
NATIONAL HIGHWAY SUB-DIVISION,
SHIVAMOGGA-577 201.
...RESPONDENTS
(BY SRI K.ANANDRAMAN, CGC FOR R-1;
SRI. MANJUNATH RAYAPPA, AGA FOR R-2 TO R-5)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUSH THE NOTICE
OF AWARD DATED:01.01.2014 BEARING No.LAQ/NH-13-CHI-
SHI-SR. 1/2010-11 AT ANNEXURE-A AND FIRECT HER -2 & R-5
-4-
NC: 2024:KHC:15147
WP No. 58389 of 2016
C/W WP No. 24640 of 2016
WP No. 24641 of 2016
WP No. 58897 of 2016
WP No. 58979 of 2016
TO FOLLOW UP ON THE LETTER DATED 15.02.2014 (AT
ANNEXURE-L) OF THE R-2 TO R-5 DIRECTING THE R-5 TO
INVESTIGATE THE COMPLAINTS OF THE PETITIONER
REGARDING ERRORS IN MEASUREMENT AND NOTIFY THE
FINDING TO THE PETITIONER, ETC.
IN W.P. No.24641/2016:
BETWEEN:
1. MR.M.C.KASHINATH,
AGED ABOUT 42 YEARS,
S/O LATE M.L.CHANDRASHEKARA SHETTY,
R/AT No.1653 & 1654, CB ROAD,
HOLALKERE TOWN, CHITRADURGA DISTRICT,
KARNATAKA-577 526.
...PETITIONER
(BY SRI. BALARAM.M.L., ADVOCATE)
AND:
1. UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
MINISTRY OF ROAD TRANSPORT &
HIGHWAYS TRANSPORT(PARIVAHAN)
BHAWAN 1,
PARLIAMENT STREET,
NEW DELHI-110001.
2. THE SPECIAL LAND ACQUISITION OFFICER
COMPETENT AUTHORITY UNDERE THE ACT
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
P.W.D.COMPOUND,
K.R.CIRCLE,
BANGALORE-560001.
3. THE ASSISTANT EXECUTIVE ENGINEER
-5-
NC: 2024:KHC:15147
WP No. 58389 of 2016
C/W WP No. 24640 of 2016
WP No. 24641 of 2016
WP No. 58897 of 2016
WP No. 58979 of 2016
KARNATAKA PUBLIC WORKS DEPARTMENT,
P.W.D.OFFICE, HOLALKERE-577526.
4. THE EXECUTIVE ENGINEER
PPP CELL, NATIONAL HIGHWAY-60 FT.ROAD,
GOPALAGOWDA BADAVANE,
NATIONAL HIGHWAY SUB-DIVISION,
SHIVAMOGGA-577 201.
...RESPONDENTS
(BY SRI.B.M.KUSHALAPPA, CGC FOR R-1;
SRI. MANJUNATH RAYAPPA, AGA FOR R-2 TO R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
NOTICE OF AWARD DATED 01.01.2014 BEARING No.LAQ/NH-
13-CHI-SHI-SR. 1/2010-11 AT ANNEXURE-A AND DIRECT THE
R-2 & R-5 TO FOLOW UP ON THE LETTER DATED 15.02.2014
(AT ANNEXURE-L) OF THE R-2 TO THE R-5 DIRECTING THE R-5
TO INVESTIGATE THE COMPLAINTS OF THE PETITIONER
REGARDING ERRORS IN MEASUREMENT AND NOTIFY THE
FINDINGS TO THE PETITIONER, ETC.
IN W.P. No.58897/2016:
BETWEEN:
1. MR.S.SRINIVAS,
AGED ABOUT 52 YEARS,
S/O K.SHANKAR SETTY,
R/AT No.1574 & 1575,
CB ROAD, HOLALKERE TOWN,
CHITRADURGA DISTRICT,
KARNATAKA-577 526.
...PETITIONER
(BY SRI. BALARAM.M.L., ADVOCATE)
-6-
NC: 2024:KHC:15147
WP No. 58389 of 2016
C/W WP No. 24640 of 2016
WP No. 24641 of 2016
WP No. 58897 of 2016
WP No. 58979 of 2016
AND:
1. UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
MINISTRY OF ROAD TRANSPORT &
HIGHWAYS TRANSPORT(PARIVAHAN)
BHAWAN 1, PARLIAMENT STREET,
NEW DELHI-110001.
2. THE SPECIAL LAND ACQUISITION OFFICER
COMPETENT AUTHORITY UNDERE THE ACT
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
P.W.D.COMPOUND, K.R.CIRCLE,
BANGALORE-560001.
3. THE CHIEF ENGINEER
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
P.W.D. COMPOUND,
K.R.CIRCLE, BANGALORE-560001.
4. THE ASSISTANT EXECUTIVE ENGINEER
KARNATAKA PUBLIC WORKS DEPARTMENT,
P.W.D.OFFICE, HOLALKERE-577526.
5. THE EXECUTIVE ENGINEER
PPP CELL, NATIONAL HIGHWAY-60 FT.ROAD,
GOPALAGOWDA BADAVANE,
NATIONAL HIGHWAY SUB-DIVISION,
SHIVAMOGGA-577 201.
...RESPONDENTS
(BY SRI.A.CHANDRACHUD, CGC FOR R-1;
SRI. MANJUNATH RAYAPPA, AGA FOR R-2 TO R-5)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
NOTICE OF AWARD DATED:01.01.2014 BEARING No.LAQ/NH-
13-CHI-SHI-SR. 1/2010-11 AT ANNEXURE-A AND DIRECT THE
R-2 & R-5 TO FOLLOW-UP ON THE LETTER DATED 15.02.2014
(ANNEXURE-J) OF THE R-2 TO THE R-5, DIRECT THE R-5 TO
-7-
NC: 2024:KHC:15147
WP No. 58389 of 2016
C/W WP No. 24640 of 2016
WP No. 24641 of 2016
WP No. 58897 of 2016
WP No. 58979 of 2016
INVESTIGATE THE COMPLAINTS FO THE PETITIONER
REGARDING ERRORS IN MESUREMENT AND NOTIFY THE
FINDINGS TO THE PETITIONER, ETC
IN W.P. No.58979/2016
BETWEEN:
1. MR.M.C.KASHINATH,
AGED ABOUT 50 YEARS,
S/O LATE M.L.CHANDRASHEKARA SHETTY,
R/AT No.1653 & 1654, CB ROAD,
HOLALKERE TOWN, CHITRADURGA DISTRICT,
KARNATAKA-577 526.
...PETITIONER
(BY SRI. BALARAM.M.L., ADVOCATE)
AND:
1. UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
MINISTRY OF ROAD TRANSPORT &
HIGHWAYS TRANSPORT(PARIVAHAN)
BHAWAN 1,
PARLIAMENT STREET,
NEW DELHI-110001.
2. THE SPECIAL LAND ACQUISITION OFFICER
COMPETENT AUTHORITY UNDERE THE ACT
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
P.W.D.COMPOUND,
K.R.CIRCLE,
BANGALORE-560001.
3. THE ASSISTANT EXECUTIVE ENGINEER
KARNATAKA PUBLIC WORKS DEPARTMENT,
P.W.D.OFFICE, HOLALKERE-577526.
4. THE EXECUTIVE ENGINEER
PPP CELL, NATIONAL HIGHWAY-60 FT.ROAD,
-8-
NC: 2024:KHC:15147
WP No. 58389 of 2016
C/W WP No. 24640 of 2016
WP No. 24641 of 2016
WP No. 58897 of 2016
WP No. 58979 of 2016
GOPALAGOWDA BADAVANE,
NATIONAL HIGHWAY SUB-DIVISION,
SHIVAMOGGA-577 201.
...RESPONDENTS
(BY SMT.RESHMA.K.THAMMAIAH, CGC FOR R-1;
SRI. MANJUNATH RAYAPPA, AGA FOR R-2 TO R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
NOTICE OF AWARD DATED 01.01.2014 BEARING No.LAQ/NH-
13-CHI-SHI-SR. 1/2010-11 AT ANNEXURE-A AND DIRECT THE
R-2 & R-5 TO FOLOW UP ON THE LETTER DATED 15.02.2014
(AT ANNEXURE-L) OF THE R-2 TO THE R-5 DIRECTING THE R-5
TO INVESTIGATE THE COMPLAINTS OF THE PETITIONER
REGARDING ERRORS IN MEASUREMENT AND NOTIFY THE
FINDINGS TO THE PETITIONER, ETC.
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
1. In all these petitions, the award notice issued to the petitioners is challenged.
2. The petitioners have also sought for a direction to respondent Nos.2 and 5 to follow up with the letter dated 15.02.2014, whereby respondent No.5 is directed to investigate into the complaints raised by the land owners regarding the errors in the measurement and notify the findings to the petitioners.
-9-
NC: 2024:KHC:15147 WP No. 58389 of 2016 C/W WP No. 24640 of 2016 WP No. 24641 of 2016 WP No. 58897 of 2016 WP No. 58979 of 2016
3. Lastly, a direction is sought to respondent No.2 to receive objections and provide for personal hearing on the notice of the award and pass such orders so as to formulate the valuations in the award notices.
4. The petitioners placed reliance on Annexure-M, the communication dated 15.02.2014 addressed to the Executive Engineer - respondent No.5 sent by the Special Land Acquisition Officer i.e., respondent No.2 which reads as follows-
"«µÀAiÀÄPÉÌ ¸ÀA§A¢ü¹zÀAvÉ, G¯ÉèÃRzÀ°è£À ¥ÀlÖt ¤ªÁ¹UÀ¼ÀÄ ºÁUÀÆ ¨sÀƪÀiÁ°ÃPÀgÀÄUÀ¼ÀÄ gÁ¶ÖçÃAiÀÄ ºÉzÁÝj-13gÀ GzÉÝñÀPÉÌ ¨sÀƸÁé¢üãÀªÁUÀÄwÛgÀĪÀ ºÉƼÀ¯ÉÌgÉ vÁ®ÆèPÀÄ ºÉƼÀ¯ÉÌgÉ ¥ÀlÖtPÉÌ ¸ÀA§A¢ü¹zÀ PÀlÖqÀUÀ¼À «¹ÛÃtðUÀ¼À°è ¸ÁPÀµÀÄÖ ªÀåvÁå¸ÀUÀ½gÀĪÀÅzÀÄ PÀAqÀħA¢gÀĪÀÅzÀjAzÀ ¥ÀlÖtzÀ ¤ªÁ¹UÀ¼ÀÄ AiÀiÁªÀ PÁgÀtPÁÌV F ªÀåvÁå¸ÀUÀ¼ÀÄ §A¢gÀÄvÀÛªÉ. EzÀ£ÀÄß ¸Àj¥Àr¹zÀ £ÀAvÀgÀ ¸Áé¢üãÀPÉÌ ©qÀĪÀÅzÁV UÀ¯ÁmÉUÀ¼ÀÄ ªÀiÁqÀÄwÛgÀÄvÁÛgÉ. DzÀÝjAzÀ ¸ÀzÀj ¥ÀlÖtPÉÌ ¨sÉÃn ¤Ãr ¸ÀܼÀ ¥Àj²Ã°¹ DzsÀĤPÀ vÀAvÀæ G¥ÀAiÉÆÃV¹ ¸ÀzÀj ªÀåvÁå¸ÀUÀ¼À£ÀÄß ¸Àj¥Àr¹PÉÆqÀ®Ä PÀbÉÃj¬ÄAzÀ PÀ¼ÀÄ»¸ÀÄwÛgÀĪÀ ²æ PÀȵÀÚ¸Áé«Ä, ¨sÀƪÀiÁ¥ÀPÀgÀÄ, EªÀgÉÆA¢UÉ dAnAiÀiÁV ¸ÀܼÀ ¥Àj²Ã°¹ Cw dgÀÆgÁV ªÀgÀ¢AiÀÄ£ÀÄß ¤ÃqÀ®Ä PÉÆÃjzÉ."
- 10 -
NC: 2024:KHC:15147 WP No. 58389 of 2016 C/W WP No. 24640 of 2016 WP No. 24641 of 2016 WP No. 58897 of 2016 WP No. 58979 of 2016
5. Learned Additional Government Advocate submits that in view of this particular communication, the Government will conduct a joint survey and correct the errors, if any, in the measurements and also issue a corrigendum, if necessary, therafter.
6. In view of the fact that the Government has agreed to address the grievances of the petitioners, as could be evidenced by the contents of the aforementioned communication dated 15.02.2014, it would be suffice to direct respondent No.5 to conduct a survey, as directed in the communication dated 15.02.2014 and verify the measurements and make necessary corrections, if found necessary. If it is found that there are, in fact, errors in the measurements in the Notifications, the respondents shall issue a corrigendum to the Notifications issued under Section 3A and 3D of the National Highways Act, 1956 and
- 11 -
NC: 2024:KHC:15147 WP No. 58389 of 2016 C/W WP No. 24640 of 2016 WP No. 24641 of 2016 WP No. 58897 of 2016 WP No. 58979 of 2016 also to the award notice. The Writ Petitions are, accordingly, disposed of.
7. In view of disposal of Writ Petitions, pending I.As., if any, are accordingly disposed of.
Sd/-
JUDGE HNM, List No.: 1 Sl No.: 42