Abdul Nabi Kadloor And Ors vs The Regional Officer And Ors on 19 October, 2022

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Karnataka High Court

Abdul Nabi Kadloor And Ors vs The Regional Officer And Ors on 19 October, 2022

Bench: R. Devdas

                              1



           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

       DATED THIS THE 19TH DAY OF OCTOBER, 2022

                         BEFORE

         THE HON'BLE MR.JUSTICE R. DEVDAS


       WRIT PETITION No.201224/2022 (LA-RES)
BETWEEN:

1.     ABDUL NABI KADLOOR
       S/O CHANDA SAB,
       AGED ABOUT 75 YEARS,
       RESIDING AT NO.3-3-40
       KUMBAR WADI, YADAGIRI CITY
       YADAGIR

2.     MOHAMMED ARIF KADLOOR
       S/O ABDUL NABI KADLOOR,
       AGED ABOUT 33 YEARS,

3.     SMT. SHAHJAHAN
       S/O ABUHASSAN USTAD
       AGED ABOUT 41 YEARS,

4.     MOHAMMED IRFAN KADLOOR
       S/O ABDUL NABI KADLOOR
       AGED ABOUT 41 YEARS,

       PETITIONER NOS.2 TO 4 ARE RESIDING
       AT H.NO.1-865
       NOORUL ISLAM COMPOUND,
       MSK MILL ROAD, KALABURAGI-585102
                                            ... PETITIONERS

(BY SRI PRAKASH R. KULKARNI, ADVOCATE)


AND:
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1.   THE REGIONAL OFFICER
     NATIONAL HIGHWAYS AUTHORITY
     OF INDIA, SY.NO.13 AND 14
     M.S. RAMAIAH LAYOUT,
     NAGASANDRA POST,
     BANGALORE-560073

2.   THE SPECIAL LAND ACQUISITION
     OFFICER AND COMPETENT AUTHORITY/
     ASSISTANT COMMISSIONER
     NATIONAL HIGHWAY AUTHORITY OF INDIA,
     YADGIR DISTRICT, YADGIR-585201

3.   THE PROJECT DIRECTOR
     PROJECT IMPLEMENTATION UNIT,
     NATIONAL HIGHWAY
     AUTHORITY OF INDIA,
     KALABURAGI-585101
                                           ... RESPONDENTS

(BY SRI SREENATH V.K., ADVOCATE FOR R2 & R3;
 R1-SERVED)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
RESPONDENT NO.3 TO CONSIDER THE REPRESENTATIONS
DATED   11.01.2022    AND   09.02.2022,   ISSUED   BY   THE
PETITIONERS VIDE ANNEXURES-D1 TO D4 AND E1 TO E4 AND
TO DIRECT    RESPONDENT NO.2/SLAO TO CONSIDER           THE
GUIDELINES   DATED     11.06.2019   (ANNEXURE-C)    WHILE
PASSING THE AWARD IN RESPECT OF THE LANDS IN QUESTION
OF THE PETITIONERS.


     THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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                           ORDER

R. DEVDAS J., (ORAL):

Petitioners are seeking a direction in the nature of Writ of Mandamus to the respondent-Special Land Acquisition Officer, (for short, hereinafter referred to as 'SLAO') to consider the representations dated 11.01.2022 and 09.02.2022 given by the petitioners and more particularly, to consider the guidelines dated 11.06.2019 issued by the National Highways Authority of India, in the matter of securing valuation of assets.

2. However, during the course of proceedings, it appears that the SLAO has proceeded to pass award on 19.05.2022 which is filed along with statement of objections as Annexure-R1.

3. In that view of the matter, now that the award has already been passed, if the petitioners are aggrieved, they are required to approach the 4 Arbitrator appointed by the Central Government in terms of sub-section (5) of Section 3G of the National Highways Act, 1956.

With these observations, the writ petition stands disposed of.

Sd/-

JUDGE NB*

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