Karnataka High Court
Iranna vs The Union Of India on 2 December, 2025
Author: M.G.S.Kamal
Bench: M.G.S.Kamal
-1-
NC: 2025:KHC-K:7405
WP No. 202386 of 2025
C/W WP No. 200582 of 2025
WP No. 201013 of 2025
HC-KAR AND 5 OTHERS
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 2ND DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.G.S.KAMAL
WRIT PETITION NO. 202386 OF 2025 (LA-RES)
C/W
WRIT PETITION NO. 200582 OF 2025 (GM-RES),
WRIT PETITION NO. 201013 OF 2025 (LA-RES)
WRIT PETITION NO. 203812 OF 2025 (LA-RES)
WRIT PETITION NO. 203813 OF 2025 (LA-RES)
WRIT PETITION NO. 203814 OF 2025 (LA-RES)
WRIT PETITION NO. 203815 OF 2025 (LA-RES)
WRIT PETITION NO. 203817 OF 2025 (LA-RES)
Digitally signed IN WP.NO. 202386 OF 2025:
by SACHIN
Location: HIGH BETWEEN:
COURT OF
KARNATAKA 1. ANIL S/O BABU CHAVAN,
AGE: 39 YEARS, OCC: COOLI,
R/O. AT PO KUMATAGI,
TQ. DT. VIJAYAPURA- 586127.
2. UMALU S/O LACHU RATHOD URF LAMANI,
AGE: 84 YEARS, OCC: COOLI,
R/O. AT PO KUMATAGI,
TQ. DT. VIJAYAPURA- 586127.
3. SHANKAR S/O VENU RATHOD,
AGE: MAJOR,OCC: COOLI,
-2-
NC: 2025:KHC-K:7405
WP No. 202386 of 2025
C/W WP No. 200582 of 2025
WP No. 201013 of 2025
HC-KAR AND 5 OTHERS
R/O. AT PO KUMATAGI,
TQ. DT. VIJAYAPURA- 586127.
4. KASHINATH URF NATHU S/O THAKARU RATHOD,
AGE: 57 YEARS, OCC: COOLI,
R/O AT PO KUMATAGI,
TQ. DT. VIJAYAPURA- 586127.
5. KARAPU S/O LACHU CHAVAN,
AGE: 77 YEARS, OCC: COOLI,
R/O. AT PO KUMATAGI,
TQ. DT. VIJAYAPURA- 586127.
...PETITIONERS
(BY SRI. RUDRESH BASAVARAJAPPA, ADVOCATE)
AND:
1. THE UNION OF INDIA,
THROUGH THE SECRETARY,
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
GOVT OF INDIA, NEW DELHI-110001.
2. THE STATE OF KARNATAKA,
THROUGH THE CHIEF SECRETARY,
GOVT OF KARNATAKA, VIDHANA SOUDHA,
BENGALURU - 560001.
3. THE REGIONAL OFFICER (R.O),
NHAI, NAGASANDRA, TUMKUR ROAD,
NEAR NAGASANDRA METRO STATION,
BENGALURU - 560073.
4. THE PROJECT DIRECTOR, PIU
NHAI, VENKATESHWAR NAGAR,
BEHIND KOTHARI BHAVAN,
KALABURAGI - 585102.
-3-
NC: 2025:KHC-K:7405
WP No. 202386 of 2025
C/W WP No. 200582 of 2025
WP No. 201013 of 2025
HC-KAR AND 5 OTHERS
5. DEPUTY COMMISSIONER,
VIJAYAPURA, DT - VIJAYAPURA 586101.
6. EXECUTIVE ENGINEER,
NATIONAL HIGHWAYS DIVISION,
VIJAYAPURA, DT. VIJAYAPURA - 586101.
...RESPONDENTS
(BY SRI SUDHIR SINGH R. VIJAPUR, DSGI FOR R1;
BY SRI MALHAR RAO, AAG AND
SRI MALLIKARJUN SAHUKAR, AGA FOR R2 AND R5;
SRI LEJO JOSEPH GEORJE, ADVOCATE AND
SRI SANTOSH KUMAR MARADI, ADVOCATE FOR R3 AND R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A)
KINDLY ISSUE A WRIT OR ORDER OR DIRECTION IN THE
NATURE OF MANDAMUS TO THE RESPONDENTS TO FIRST OF
ALL GIVE THE COMPENSATION IMMEDIATELY TO THE
DEMOLISHED STRUCTURES AS MENTIONED IN THE NHAI
VALUATION SCHEETS/ REPORTS IN VOLUMES WHICH ARE
EXTRACTED AND MENTIONED IN THE ABOVE TABLE PAR NO.49
OF THIS PETITION, ALONG WITH THE 100% OF SOLATIUM
AND 18% OF INTEREST PER ANNUM FROM THE DATE OF
DEMOLISH TILL THE DATE OF DEPOSIT OF THE
COMPENSATION WITHIN A TIME BOUND PERIOD; B) KINDLY
ISSUE A WRIT IN THE NATURE OF MANDMUS DIRECTING THE
RESPONDENT AUTHORITIES TO INITIATE ACQUISITION
PROCEEDINGS UNDER NATIONAL HIGHWAYS ACT 1956 AND
PAY COMPENSATION UNDER RFCTLARR ACT OF 2013, IN
RESPECT OF LANDS/ STRUCTURES OF THE PETITIONERS C)
KINDLY ISSUE ANY OTHER SUITABLE WRIT OR ORDER OR
DIRECTIONS DEEMED FIT UNDER THE FACTS AND
CIRCUMSTANCES OF THE CASE.
-4-
NC: 2025:KHC-K:7405
WP No. 202386 of 2025
C/W WP No. 200582 of 2025
WP No. 201013 of 2025
HC-KAR AND 5 OTHERS
IN WP.NO. 200582 OF 2025:
BETWEEN:
1. MAHANTAYYA S/O REVAYYA HIREMATH,
AGE: 50 YEARS, OCC: COOLI,
R/O. AT. PO. GABASAVALAGI,
TQ. SINDAGI. DT. VIJAYAPURA-586123.
2. BISMILLA W/O KASHIMSAB AGASIMANI,
AGE: 46 YEARS, OCC: COOLI,
R/O. AT. PO. GABASAVALAGI,
TQ. SINDAGI, DT. VIJAYAPURA- 586123.
3. GURULINGAYYA S/O SHARANAYYA KULAGERI,
AGE: 78 YEARS, OCC: COOLI,
R/O. AT. PO. GABASAVALAGI,
TQ.SINDAGI, DT. VIJAYAPURA- 586123.
4. MALLESHI URF MALLESHAPPA
S/O SHIVAPPA HUGAR,
AGE 50 YEARS. OCC. COOLI,
R/O. AT. PO. GABASAVALAGI,
TQ. SINDAGI, DT. VIJAYAPURA-586123.
...PETITIONERS
(BY SRI RUDRESH BASAVARAJAPPA, ADVOCATE)
AND:
1. THE UNION OF INDIA,
THROUGH THE SECRETARY,
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
GOVT. OF INDIA,
NEW DELHI- 110 001.
2. THE STATE OF KARNATAKA,
THROUGH THE CHIEF SECRETARY,
GOVT. OF KARNATAKA, VIDHANA SOUDHA,
BENGALURU- 560 001.
-5-
NC: 2025:KHC-K:7405
WP No. 202386 of 2025
C/W WP No. 200582 of 2025
WP No. 201013 of 2025
HC-KAR AND 5 OTHERS
3. THE REGIONAL OFFICER (R.O.),
NHAI, NAGASANDRA, TUMKUR ROAD,
NEAR NAGASANDRA METRO STATION,
BENGALURU- 560 073.
4. THE PROJECT DIRECTOR, PIU,
NHAI, VENKATESHWAR NAGAR,
BEHIND KOTHARI BHAVAN,
KALABURAGI- 585 102.
5. DEPUTY COMMISSIONER,
VIJAYAPURA, DT. VIJAYAPURA- 586101.
6. EXECUTIVE ENGINEER,
NATIONAL HIGHWAYS DIVISION,
VIJAYAPURA, DT. VIJAYAPURA- 586101.
...RESPONDENTS
(BY SRI SUDHIR SINGH R. VIJAPUR, DSGI FOR R1;
BY SRI MALHAR RAO, AAG AND
SRI MALLIKARJUN SAHUKAR, AGA FOR R2 AND R5;
SRI LEJO JOSEPH GEORJE, ADVOCATE AND
SRI SANTOSH KUMAR MARADI, ADVOCATE FOR R3 AND R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A)
KINDLY ISSUE A WRIT OR ORDER OR DIRECTION IN THE
NATURE OF MANDAMUS TO THE RESPONDENTS TO FIRST OF
ALL GIVE THE COMPENSATION IMMEDIATELY TO THE
DEMOLISHED STRUCTURES AS MENTIONED IN THE NHAI
VALUATION SHEETS/ REPORTS IN VOLUMES, WHICH ARE
EXTRACTED AND MENTIONED IN THE ABOVE TABLE PARA
NO.49 OF THIS PETITION, ALONG WITH THE 100% OF
SOLATIUM AND 18% OF INTEREST PER ANNUM FROM THE
DATE OF DEMOLISH TILL THE DATE OF DEPOSIT OF THE
COMPENSATION, WITHIN A TIME BOUND PERIOD. B) KINDLY
ISSUE A WRIT IN THE NATURE OF MANDAMUS, DIRECTING
THE RESPONDENT AUTHORITIES TO INITIATE ACQUISITION
PROCEEDINGS UNDER NATIONAL HIGHWAYS ACT 1956 AND
-6-
NC: 2025:KHC-K:7405
WP No. 202386 of 2025
C/W WP No. 200582 of 2025
WP No. 201013 of 2025
HC-KAR AND 5 OTHERS
PAY COMPENSATION UNDER RFCTLARR ACT OF 2013 IN
RESPECT OF LANDS/ STRUCTURES OF THE PETITIONERS. C)
KINDLY ISSUE ANY OTHER SUITABLE WRIT OR ORDER OR
DIRECTIONS DEEMED FIT UNDER THE FACTS AND
CIRCUMSTANCES OF THE CASE INCLUDING AWARDING OF
COSTS.
IN WP.NO. 201013 OF 2025:
BETWEEN:
1. SHAKRAYYA
S/O IRAYYA MATH URF SUNGATENMATH,
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O. AT. PO. GABASAVALAGI,
TQ. SINDAGI, DT. VIJAYAPURA- 586123.
2. ALLABAKSHA RANJANAGI
S/O LALESAB RANJANAGI,
AGE: 65 YEARS, OCC: AGRICULTURE,
R/O. AT. PO. GABASAVALAGI,
TQ.SINDAGI, DT. VIJAYAPURA- 586123.
3. RAVI S/O SHIVAPPA HUGAR,
AGE: 50 YEARS, OCC: COOLI,
R/O. AT. PO. GABASAVALAGI,
TQ. SINDAGI, DT. VIJAYAPURA-586123.
4. BABUGOUDA
S/O SHARANAGOUDA KONALLI URF PARAGALUR,
AGE: 40 YEARS, OCC: AGRICULTURE,
R/O. AT. PO. GABASAVALAGI,
TQ. SINDAGI, DT. VIJAYAPURA- 586123.
5. SIDDANAGOUDA S/O AYYANAGOUDA PATIL,
AGE: 53 YEARS, OCC: AGRICULTURE,
R/O. AT. PO. GABASAVALAGI,
TQ. SINDAGI, DT. VIJAYAPURA- 586123.
6. BANGARAYYA
S/O GURULINGAYYA GURUMATH,
AGE: 59 YEARS, OCC: COOLI,
-7-
NC: 2025:KHC-K:7405
WP No. 202386 of 2025
C/W WP No. 200582 of 2025
WP No. 201013 of 2025
HC-KAR AND 5 OTHERS
R/O. AT. PO. GABASAVALAGI,
TQ. SINDAGI, DT. VIJAYAPURA- 586123.
7. SHIVAMMA W/O SHANTAPPA KURIMANI,
AGE: 67 YEARS, OCC: COOLI,
R/O. AT. PO. GABASAVALAGI,
TQ.SINDAGI, DT. VIJAYAPURA- 586123.
...PETITIONERS
(BY SRI. RUDRESH BASAVARAJAPPA, ADVOCATE)
AND:
1. THE UNION OF INDIA,
THROUGH THE SECRETARY,
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
GOVT. OF INDIA, NEW DELHI-110 001.
2. THE STATE OF KARNATAKA,
THROUGH THE CHIEF SECRETARY,
GOVT. OF KARNATAKA, VIDHANA SOUDHA,
BENGALURU- 560 001.
3. THE REGIONAL OFFICER (R.O.),
NHAI, NAGASANDRA, TUMKUR ROAD,
NEAR NAGASANDRA METRO STATION,
BENGALURU- 560 073.
4. THE PROJECT DIRECTOR, PIU,
NHAI, VENKATESHWAR NAGAR,
BEHIND KOTHARI BHAVAN,
KALABURAGI- 585 102.
5. DEPUTY COMMISSIONER,
VIJAYAPURA, DT. VIJAYAPURA- 586101.
6. EXECUTIVE ENGINEER,
NATIONAL HIGHWAYS DIVISION,
VIJAYAPURA, DT. VIJAYAPURA- 586101.
...RESPONDENTS
(BY SRI SUDHIR SINGH R. VIJAPUR, DSGI FOR R1;
SRI MALHAR RAO, AAG AND
SRI MALLIKARJUN SAHUKAR, AGA FOR R2 AND R5;
SRI LEJO JOSEPH GEORJE, ADVOCATE AND
-8-
NC: 2025:KHC-K:7405
WP No. 202386 of 2025
C/W WP No. 200582 of 2025
WP No. 201013 of 2025
HC-KAR AND 5 OTHERS
SRI SANTOSH KUMAR MARADI, ADVOCATE FOR R3 AND R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A)
KINDLY ISSUE A WRIT OR ORDER OR DIRECTION IN THE
NATURE OF MANDAMUS TO THE RESPONDENTS TO FIRST OF
ALL GIVE THE COMPENSATION IMMEDIATELY TO THE
DEMOLISHED STRUCTURES AS MENTIONED IN THE NHAI
VALUATION SHEETS/REPORTS IN VOLUMES, WHICH ARE
EXTRACTED AND MENTIONED IN THE ABOVE TABLE PARA
NO.49 OF THIS PETITION, ALONG WITH THE 100 % OF
SOLATIUM AND 18% OF INTEREST PER ANNUM FROM THE
DATE OF DEMOLISH TILL THE DATE OF DEPOSIT OF THE
COMPENSATION, WITHIN A TIME BOUND PERIOD. B) KINDLY
ISSUE WRIT IN THE NATURE OF MANDAMUS, DIRECTING THE
RESPONDENT AUTHORITIES TO INITIATE ACQUISITION
PROCEEDINGS UNDER NATIONAL HIGHWAYS ACT 1956 AND
PAY COMPENSATION UNDER RFCTLARR ACT OF 2013, IN
RESPECT OF LANDS/STRUCTURE OF THE PETITIONERS. C)
KINDLY ISSUE ANY OTHER SUITABLE WRIT OR ORDER OR
DIRECTIONS DEEMED FIT UNDER THE FACTS AND
CIRCUMSTANCES OF THE CASE INCLUDING AWARDING OF
COSTS.
IN WP.NO. 203812 OF 2025:
BETWEEN:
1. RAJASHEKHAR
S/O GURUSHANTAPPA VANTETTIN,
AGE: 44 YEARS, OCC: BUSINESS,
R/O. AT. PO. DEVARAHIPPARAGI,
DT. VIJAYAPURA- 586115.
2. ALTAF S/O UMARASAB MANIYAR,
AGE: 34 YEARS, OCC: BUSINESS,
R/O. AT. PO. DEVARAHIPPARAGI,
DT. VIJAYAPURA- 586115.
3. SHIVALINGAPPA S/O BHOJAPPA ATANOOR,
AGE: 44 YEARS, OCC: BUSINESS,
-9-
NC: 2025:KHC-K:7405
WP No. 202386 of 2025
C/W WP No. 200582 of 2025
WP No. 201013 of 2025
HC-KAR AND 5 OTHERS
R/O. AT. PO. DEVARAHIPPARAGI,
DT. VIJAYAPURA- 586115.
4. RAJAMMA W/O RAJESAB KALAL,
AGE: 41 YEARS, OCC: COOLI,
R/O. AT. PO. DEVARAHIPPARAGI,
DT. VIJAYAPURA- 586115.
...PETITIONERS
(BY SRI. RUDRESH BASAVARAJAPPA, ADVOCATE)
AND:
1. THE UNION OF INDIA,
THROUGH THE SECRETARY,
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
GOVT. OF INDIA, NEW DELHI - 110 001.
2. THE STATE OF KARNATAKA,
THROUGH THE CHIEF SECRETARY,
GOVT. OF KARNATAKA,
VIDHANA SOUDHA,
BENGALURU - 560 001.
3. THE REGIONAL OFFICER,
(R.O.) NHAI, NAGASANDRA,
TUMKUR ROAD,
NEAR NAGASANDRA METRO STATION,
BENGALURU- 560 073.
4. THE PROJECT DIRECTOR,
PIU, NHAI, VENKATESHWAR NAGAR,
BEHIND KOTHARI BHAVAN,
KALABURAGI- 585 102.
5. DEPUTY COMMISSIONER,
VIJAYAPURA,
DT. VIJAYAPURA- 586101.
...RESPONDENTS
(BY SRI SUDHIRSINGH R. VIJAPUR, DSGI FOR R1;
- 10 -
NC: 2025:KHC-K:7405
WP No. 202386 of 2025
C/W WP No. 200582 of 2025
WP No. 201013 of 2025
HC-KAR AND 5 OTHERS
BY SRI MALHAR RAO, AAG AND
SRI MALLIKARJUN SAHUKAR, AGA FOR R2 AND R5;
SRI LEJO JOSEPH GEORJE, ADVOCATE AND
SRI SANTOSH KUMAR MARADI, ADVOCATE FOR R3 AND R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) A
WRIT IN THE NATURE OF MANDAMUS, DIRECTING THE
RESPONDENT AUTHORITIES TO INITIATE ACQUISITION
PROCEEDINGS UNDER NATIONAL HIGHWAYS ACT 1956 AND
PAY COMPENSATION UNDER RFCTLARR ACT OF 2013 IN
RESPECT OF LANDS/STRUCTURES OF THE PETITIONERS
COMING AT DEVARA HIPPARGI TOWN PANCHAYAT
PROPERTIES NO.2755/A/1 OF PETITIONER NO.1, 2942 OF
PETITIONER NO.2, 3347/1 OF PETITIONER NO.3, 1431/3 OF
PETITIONER NO.4. B) KINDLY ISSUE A WRIT OF ORDER OR
DIRECTION IN THE NATURE OF MANDAMUS TO THE
RESPONDENTS TO GIVE THE COMPENSATION IMMEDIATELY
ACCORDING TO TODAYS VALUATION AND SCHEDULE OF
RATES TO THE DEMOLISHED STRUCTURE AND LANDS OF THE
PETITIONER ALONG WITH THE 100% OF SOLATIUM AND 18%
OF INTEREST PER ANNUM FROM THE DATE OF DEMOISH
WITHIN A TIME BOUND PERIOD. C) KINDLY ISSUE ANY OTHER
SUITALBE WRIT OR ORDER OR DIRECTIONS DEEMED FIT
UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE
INCLUDING AWARDING OF COSTS.
IN WP.NO. 203813 OF 2025:
BETWEEN:
1. MADIVALAPPA S/O KASAPPA MELINAMANI,
AGE: 56 YEARS, OCC: BUSINESS,
R/O. AT PO DEVARAHIPPARAGI,
DIST. VIJAYAPURA-586115.
2. CHIDANAND W/O CHANNAPPA MULIMANI,
AGE: 46 YEARS, OCC: HOUSE MAKER,
R/O. AT PO DEVARAHIPPARAGI,
DIST. VIJAYAPURA-586115.
- 11 -
NC: 2025:KHC-K:7405
WP No. 202386 of 2025
C/W WP No. 200582 of 2025
WP No. 201013 of 2025
HC-KAR AND 5 OTHERS
3. ANNAPOORNA
S/O KASHAPPA JAMADAR,
AGE: 44 YEARS, OCC: HOUSE MAKER,
R/O. AT PO DEVARAHIPPARAGI,
DIST. VIJAYAPURA-586115.
4. SURESHGOUDA
S/O MUDIGOUDAPPAGOUDA PATIL,
AGE: 48 YEARS, OCC: BUSINESS,
R/O. AT PO DEVARAHIPPARAGI,
DIST. VIJAYAPURA- 586115.
...PETITIONERS
(BY SRI. RUDRESH BASAVARAJAPPA, ADVOCATE)
AND:
1. THE UNION OF INDIA,
THROUGH THE SECRETARY,
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
GOVT. OF INDIA, NEW DELHI- 110001.
2. THE STATE OF KARNATAKA,
THROUGH THE CHIEF SECRETARY,
GOVT. OF KARNATAKA,
VIDHANA SOUDHA,
BENGALURU- 560001.
3. THE REGIONAL OFFICER (R.O),
NHAI, NAGASANDRA, TUMKUR ROAD,
NEAR NAGASANDRA METRO STATION,
BENGALURU- 560073.
4. THE PROJECT DIRECTOR, PIU,
NHAI, VENKATESHWAR NAGAR,
BEHIND KOTHARI BHAVAN,
KALABURAGI- 585102.
5. DEPUTY COMMISSIONER,
VIJAYAPURA, DIST. VIJAYAPURA- 586101,
...RESPONDENTS
- 12 -
NC: 2025:KHC-K:7405
WP No. 202386 of 2025
C/W WP No. 200582 of 2025
WP No. 201013 of 2025
HC-KAR AND 5 OTHERS
(BY SRI SUDHIR SINGH R. VIJAPUR, DSGI FOR R1;
BY SRI MALHAR RAO, AAG AND
SRI MALLIKARJUN SAHUKAR, AGA FOR R2 AND R5;
SRI LEJO JOSEPH GEORJE, ADVOCATE AND
SRI SANTOSH KUMAR MARADI, ADVOCATE FOR R3 AND R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) A
WRIT IN THE NATURE OF MANDAMUS, DIRECTING THE
RESPONDENT AUTHORITIES TO INITIATE ACQUISITION
PROCEEDINGS UNDER NATIONAL HIGHWAYS ACT 1956 AND
PAY COMPENSATION UNDER RFCTLARR ACT OF 2013 IN
RESPECT OF LANDS/STRUCTURES OF THE PETITIONERS
COMING AT DEVARA HIPPARGI, TOWN PANCHAYAT
PROPERTIES NO.4166 OF PETITIONER NO.1, 2003/1 OF
PETITIONER NO.2, 1428 OF PETITIONER NO.3, 2493 OF
PETITIONER NO.4. B) KINDLY ISSUE A WRIT OF ORDER OR
DIRECTION IN THE NATURE OF MANDAMUS TO THE
RESPONDENTS TO GIVE THE COMPENSATION IMMEDIATELY
ACCORDING TO TODAYS VALUATION AND SCHEDULE OF
RATES TO THE DEMOLISHED STRUCTURE AND LANDS OF THE
PETITIONER ALONG WITH 100% OF SOLATIUM AND 18% OF
INTEREST PER ANNUM FROM THE DATE OF DEMOISH WITHIN
A TIME BOUND PERIOD. C) KINDLY ISSUE ANY OTHER
SUITALBE WRIT OR ORDER OR DIRECTIONS DEEMED FIT
UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE
INCLUDING AWARDING OF COSTS.
IN WP.NO. 203814 OF 2025:
BETWEEN:
1. BASAYYA
S/O KALLAYYA MALLIKARJUNMATH,
AGE: 64 YEARS, OCC: BUSINESS,
R/O. AT PO DEVARAHIPPARAGI,
DIST. VIJAYAPURA- 586115.
2. VIJAYALAXMI
W/O BASAYYA MALLIKARJUNMATH,
AGE: 46 YEARS, OCC: HOUSE MAKER,
R/O. AT PO DEVARAHIPPARAGI,
- 13 -
NC: 2025:KHC-K:7405
WP No. 202386 of 2025
C/W WP No. 200582 of 2025
WP No. 201013 of 2025
HC-KAR AND 5 OTHERS
DIST. VIJAYAPURA-586115.
3. SIDDAPPA S/O HANAMANT WADDAR,
AGE: 62 YEARS, OCC: COOLI,
R/O. AT PO DEVARAHIPPARAGI,
DIST. VIJAYAPURA- 586115.
4. BASAVARAJ S/O SHANTAPPA ATANOOR,
AGE: 58 YEARS, OCC: BUSINESS,
R/O. AT PO DEVARAHIPPARAGI,
DIST. VIJAYAPURA- 586115.
...PETITIONERS
(BY SRI. RUDRESH BASAVARAJAPPA, ADVOCATE)
AND:
1. THE UNION OF INDIA,
THROUGH THE SECRETARY,
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
GOVT. OF INDIA, NEW DELHI- 110001.
2. THE STATE OF KARNATAKA,
THROUGH THE CHIEF SECRETARY,
GOVT. OF KARNATAKA, VIDHANA SOUDHA,
BENGALURU- 560001.
3. THE REGIONAL OFFICER (RO),
NHAI, NAGASANDRA, TUMKUR ROAD,
NEAR NAGASANDRA METRO STATION,
BENGALURU- 560073.
4. THE PROJECT DIRECTOR, PIU,
NHAI, VENKATESHWAR NAGAR,
BEHIND KOTHARI BHAVAN,
KALABURAGI- 585102.
5. DEPUTY COMMISSIONER,
VIJAYAPURA, DIST. VIJAYAPURA- 586101.
...RESPONDENTS
(BY SRI SUDHIR SINGH R. VIJAPUR, DSGI FOR R1;
- 14 -
NC: 2025:KHC-K:7405
WP No. 202386 of 2025
C/W WP No. 200582 of 2025
WP No. 201013 of 2025
HC-KAR AND 5 OTHERS
BY SRI MALHAR RAO, AAG AND
SRI MALLIKARJUN SAHUKAR, AGA FOR R2 AND R5;
SRI LEJO JOSEPH GEORJE, ADVOCATE AND
SRI SANTOSH KUMAR MARADI, ADVOCATE FOR R3 AND R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) A
WRIT IN THE NATURE OF MANDAMUS, DIRECTING THE
RESPONDENT AUTHORITIES TO INITIATE ACQUISITION
PROCEEDINGS UNDER NATIONAL HIGHWAYS ACT 1956 AND
PAY COMPENSATION UNDER RFCTLARR ACT OF 2013, IN
RESPECT OF LANDS/STRUCTURE OF THE PETITIONERS
COMING AT DEVARA HIPPARGI, TOWN PANCHAYAT,
PROPERTIES NO.4166 OF PETITIONER-1, 2003/1 OF
PETITIONER-2, 1428 OF PETITIONER-3, 2943 OF PETITIONER -
4. B) KINDLY ISSUE A WRIT OR ORDER OR DIRECTION IN THE
NATURE OF MANDAMUS TO THE RESPONDENTS TO GIVE THE
COMPENSATION IMMEDIATELY ACCORDING TO TODAYS
VALUATION AND SCHEDULE OF RATES TO THE DEMOLISHED
STRUCTURE AND LANDS OF THE PETITIONERS ALONG WITH
100% OF SOLATIUM AND 18% OF INTEREST PER ANNUM
FROM THE DATE OF DEMOLISH, WITHIN A TIME BOUND
PERIOD. C) KINDLY ISSUE ANY OTHER SUITABLE WRIT OR
ORDER OR DIRECTIONS DEEMED FIT UNDER THE FACTS AND
CIRCUMSTANCES OF THE CASE INCLUDING AWARDING OF
COSTS.
IN WP.NO. 203815 OF 2025:
BETWEEN:
1. IRANNA S/O MALLAPPA ARAKERI,
AGE: 70 YEARS, OCC: AGRICULTURE,
R/O. AT PO MORATAGI,
TQ. SINDAGI,
DIST. VIJAYAPURA- 585310.
2. BANUBI S/O RAHIMSAB HANAGIKATT,
AGE: MAJOR, OCC: COOLI,
R/O. AT PO MORATAGI,
TQ. SINDAGI,
DIST. VIJAYAPURA- 586115.
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3. PRAKASH S/O SUBHASH ADAGAL,
AGE: 50 YEARS,OCC: BUSINESS,
R/O. AT PO MORATAGI,
TQ. SINDAGI,
DIST. VIJAYAPURA- 586115.
...PETITIONERS
(BY SRI. RUDRESH BASAVARAJAPPA, ADVOCATE)
AND:
1. THE UNION OF INDIA,
THROUGH THE SECRETARY,
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
GOVT. OF INDIA, NEW DELHI- 110001.
2. THE STATE OF KARNATAKA,
THROUGH THE CHIEF SECRETARY,
GOVT. OF KARNATAKA, VIDHANA SOUDHA,
BENGALURU- 560001.
3. THE REGIONAL OFFICER (RO),
NHAI, NAGASANDRA, TUMKUR ROAD,
NEAR NAGASANDRA METRO STATION,
BENGALURU- 560073.
4. THE PROJECT DIRECTOR, PIU,
NHAI, VENKATESHWAR NAGAR,
BEHIND KOTHARI BHAVAN,
KALABURAGI- 585102.
5. DEPUTY COMMISSIONER,
VIJAYAPURA, DIST. VIJAYAPURA- 586101.
6. DEPUTY COMMISSIONER,
KALABURAGI, DIST. KALABURAGI- 585102.
...RESPONDENTS
(BY SRI SUDHIR SINGH R. VIJAPUR, DSGI FOR R1;
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BY SRI MALHAR RAO, AAG AND
SRI MALLIKARJUN SAHUKAR, AGA FOR R2 AND R5;
SRI LEJO JOSEPH GEORJE, ADVOCATE AND
SRI SANTOSH KUMAR MARADI, ADVOCATE FOR R3 AND R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUEA A) WRIT IN THE NATURE OF MANDAMUS DIRECTING
THE RESPONDENT AUTHORITIES TO INITIATE ACQUISITION
PROCEEDINGS UNDER NATIONAL HIGHWAYS ACT 1956 AND
PAY COMPENSATION UNDER RFCTLARR ACT OF 2013 IN
RESPECT OF LANDS / STRUCTURES OF THE PETITIONERS
COMING AT VILLAGE MORTGAGI PROPERTIES NO.915/1 OF
PETITIONER-1, 914 OF PETITIONER-2, 1510 AND 945 OF
PETITIONER-3; B) KINDLY ISSUE A WRIT OR ORDER OR
DIRECTION IN THE NATURE OF MANDAMUS TO THE
RESPONDENTS TO GIVE THE COMPENSATION IMMEDIATELY
ACCORDING TO TODAY'S VALUATION AND SCHEDULE OF
RATES TO THE DEMOLISHED STRCUTRUES AND LANDS OF THE
PETITIONERS ALONG WITH THE 100% OF SOLATIUM AND
18% OF INTEREST PER ANNUM FROM THE DATE OF DEMOLISH
WITHIN A TIME BOUND PERIOD. C) KINDLY ISSUE ANY OTHER
SUITABLE WRIT OR ORDER OR DIRECTIONS DEEMED FIT
UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE
INCLUDING AWARDING OF COSTS.
IN WP.NO.203817 OF 2025:
BETWEEN:
1. MALLAMMA W/O MAHANTAPPA HUGAR,
AGE: 43 YEARS, OCC: COOLIE,
R/O. AT PO GABASAVALAGI, TQ. SINDAGI,
DT. VIJAYAPURA- 586123.
2. SHIVANAND S/O CHANDRAMAPPA HUGAR,
AGE: 44 YEARS, OCC: COOLIE,
R/O. AT PO GABASAVALAGI, TQ. SINDAGI,
DT. VIJAYAPURA- 586123.
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3. MADIVALAPPA S/O GURAPPA KOLAKUR,
AGE: 65 YEARS,OCC: COOLIE,
R/O AT PO GABASAVALAGI, TQ. SINDAGI,
DT. VIJAYAPURA- 586123.
4. CHANDRABAI W/O SHANKAR CHAVAN,
AGE: 61 YEARS, OCC: COOLIE,
R/O AT PO GABASAVALAGI, TQ. SINDAGI,
DT. VIJAYAPURA- 586123.
...PETITIONERS
(BY SRI. RUDRESH BASAVARAJAPPA, ADVOCATE)
AND:
1. THE UNION OF INDIA,
THROUGH THE SECRETARY,
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
GOVT. OF INDIA, NEW DELHI- 110001.
2. THE STATE OF KARNATAKA,
THROUGH THE CHIEF SECRETARY,
GOVT. OF KARNATAKA, VIDHANA SOUDHA,
BENGALURU- 560001.
3. THE REGIONAL OFFICER (R.O),
NHAI, NAGASANDRA TUMKUR ROAD,
NEAR NAGASANDRA METRO STATION,
BENGALURU- 560073.
4. THE PROJECT DIRECTOR, PIU,
NHAI, VENKATESHWAR NAGAR,
BEHIND KOTHARI BHAVAN,
KALABURAGI- 585102.
5. DEPUTY COMMISSIONER,
VIJAYAPURA, DIST. VIJAYAPURA- 586101.
6. EXECUTIVE ENGINEER,
NATIONAL HIGHWAYS DIVISION VIJAYAPURA,
DIST. VIJAYAPURA- 586101.
...RESPONDENTS
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(BY SRI SUDHIR SINGH R. VIJAPUR, DSGI FOR R1;
BY SRI MALHAR RAO, AAG AND
SRI MALLIKARJUN SAHUKAR, AGA FOR R2 AND R5;
SRI LEJO JOSEPH GEORJE, ADVOCATE AND
SRI SANTOSH KUMAR MARADI, ADVOCATE FOR R3 AND R4)
THIS WRIT PETITION FILED IS UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) A
WRIT IN THE NATURE OF MANDAMUS DIRECTING THE
RESPONDENT AUTHORITIES TO INITIATE ACQUISITION
PROCEEDINGS UNDER NATIONAL HIGHWAYS ACT 1956 AND
PAY COMPENSATION UNDER RFCTLARR ACT OF 2013 IN
RESPECT OF LANDS/STRUCTURES OF THE PETITIONERS
COMING AT VILLAGE GABASAVALAGI VILLAGE PROPERTIES
NO.735 OF PETITIONER-1, 294/2 OF PETITIONR-2, 653/44/1
OF PETITIONER-3, 545/3 OF PETITIONER-4. B) KINDLY ISSUE
A WRIT OR ORDER OR DIRECTION IN THE NATURE OF
MANDAMUS TO THE RESPONDENTS TO GIVE THE
COMPENSATION IMMEDIATELY ACCORDING TO TODAYS
VALUATION AND SCHEDULE OF RATES TO THE DEMOLISHED
STRUCTURES AND LANDS OF THE PETITIONERS ALONG WITH
THE 100% OF SOLATIUM AND 18% OF INTEREST PER ANNUM
FROM THE DATE OF DEMOLISH WITHIN A TIME BOUND
PERIOD. C) KINDLY ISSUE ANY OTHER SUITABLE WRIT OR
ORDER OR DIRECTIONS DEEMED FIT UNDER THE FACTS AND
CIRCUMSTANCES OF THE CASE INCLUDING AWARDING OF
COSTS.
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN
AS UNDER:
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CORAM: HON'BLE MR. JUSTICE M.G.S.KAMAL
ORAL ORDER
(PER: HON'BLE MR. JUSTICE M.G.S.KAMAL) These batch of writ petitions have been filed by the petitioners who claimed to be the owners of different properties consisting of structures, residential houses and buildings coming within the limits of Kumatagi LT, Gabasavalagi, Moratagi and Deverhippargi villages within the taluk and district of Vijayapur.
2. The grievance is that respondent No.4 - Project Director of Project Implementation Unit (PIU) of National Highways Authority of India had demolished their houses, structures during the month of October, 2018 without any prior notice, enquiry or acquisition proceedings. The said illegal and high-handed act of demolition and removal of the structure was undertaken by respondent Nos.3 and 4 for the purpose of construction and widening of the NH- 218 (New NH-50). Consequent upon the declaration of the said road as National Highway, the National Labour
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Authority of India had entered into contract with Larsen and Toubro Company Limited during 01.01.2015. The contract was essentially for the development of Bijapur, Gulbarga, and Humnabad region of the said NH-218 (New NH-50). The purpose was to construct two lanes with paved shoulders to the width of 30-45 kilometers from KM 195.00 to KM 418.000 in the State of Karnataka under NHDP Phase-IV to be executed on Engineering, Procurement and Construction (EPC) mode. In furtherance to said agreement, National Highways Authority had illegally taken the possession of the properties belonging to the petitioners and now they completed the construction of the road as per the agreement which they have entered as above.
3. Learned counsel for the petitioners taking this Court through the records submits that respondent- authorities could not have high handedly and unilaterally taken over the properties of the petitioners, disregard to their constitutional rights guaranteed under Article 300(A)
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of the Constitution of India without initiating any
acquisition proceedings or paying any compensation to petitioners.
4. That before making request for payment of compensation, petitioners had applied and obtained necessary information under Right to Information Act to identify as to the authority which has acquired the property and responsible for payment of compensation. In that, he refers to a correspondence dated 27.04.2015 produced at Annexure-G issued from the office of Executive Engineer, National Highways Division, Vijaypur addressed to the Project Director and Deputy General Manager (Tech.), National Highways Authority of India wherein it is mentioned that the Executive Engineer has handed over the road stretch from KM 195.00 to KM 277.000. Along with the said letter, details of road furniture, carriageway and the present position of the road condition with DLP details were also enclosed. He also refers to a letter dated 31.10.2017 produced at
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Annexure-H to the writ petition, which is issued again by the Office of Executive Engineer, National Highways Division, Vijayapur, addressed to Project Director, National Highways Authority of India. Apparently pursuant to information sought by the National Highways Authority of India, wherein it is stated that stretch of NH218 i.e., Ch.Km 195.000 to Km 418.000 is originally a State Highway. After upgrading the National Highways the stretch of "Km 277.00 (Jeratagi) to Km 418.000 (Humnabad) is taken from KRDCL. Similarly, from Km 195.000 (Vijayapur) to Km 277.00 (Jeratagi) is taken from KSHIP. The said letter further states that National Highways Division of Vijayapur has not acquired any land for the above road stretch. Therefore, it calls upon the Projector Director of the National Highways Authority to obtain the required information as desired by him from the KRDCL and the KSHIP.
5. Similar is the letter issued by the very same Executive Engineer of the National Highways of Vijayapur
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dated 17.06.2019 addressed to the Special Land
Acquisition Officer, National Highways Authority, Mini Vidhan Soudha, clarifying that the National Highway Stretch of 218 has been handed over to the Public Works Department vide letter dated 27.02.2007 after the said State Highway was upgraded to National Highway. Thereafter, the National Highways Authority, Vijayapur has not acquired any land. That while handing over the said stretch to the National Highways Authority, all the records have also been handed over and no records are available in their office.
6. Further, learned counsel refers to a document produced along with Annexure-N which is information obtained under Right to Information Act, providing valuation report prepared by the National Highways Authority of India. He submits the names of all the petitioners and their properties are reflected in the said document and the value of their respective properties has
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also been arrived at by the respondent -National Highways Authority.
7. He also refers to the document produced at page 64 to 68 of the writ petition, which are the bill abstract raised by consulting Engineer and Valuers addressed to the Project Director of National Highways Authority India towards his service charges for valuing the properties acquired for the purpose of construction of National Highway.
8. Annexure-Q is the correspondence dated 22.10.2018 between the National Highways Authority of India and the Deputy Commissioner of Vijayapur seeking police protection on the purported resistance from the locals in National Highways Authority executing in implementing the work.
9. Petitioners have caused issue of a notice to their lawyers to the respondent-National Highways Authority seeking compensation. A reply to the same has
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been caused issued on behalf of the National Highways Authority dated 06.01.2021. In the said reply, it is contented that the lands were acquired by the Assistant Commissioner and Land Acquisition Officer, Indi on behalf of the Government of Karnataka in 2005-06 for Bijapur- Humnabad Section of State Highway No.12, for a width i.e., right of way of 45 meters to 22.5 meters from the centre line. After the land acquisitions by Government of Karnataka and payment of compensation to the then landowners, possession was taken. Subsequently, State Highway was declared as National Highway No.218. Where it appears that on account of non-utilisation of the portion, there were illegal encroachments and unauthorised occupants at several places. National Highway No.218 was handed over to National Highways Authority for widening and development only in the year 2015 under the letter of Executive Engineer, National Highways Division, Kalaburagi. The letter stated "ROW details as required under the Karnataka Highways Act, 1964". Therefore, it
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was contented that National Highways Authority did not acquire the land and it was the State Highway Authority which had acquired the land.
10. Thus, referring to these documents learned counsel insists that the National Highways Authority having utilised the land, demolished the property, constructed the road, cannot now shy away from the responsibility of paying the compensation. Particularly, in the light of the correspondence emanating from the Executive Engineer, National Highways Division, Vijayapur, clarifying that they not having acquired the land for the purpose of National Highways Authority. Therefore, he submits a specific responsibility to be fixed on the National Highways Authority to pay the compensation, in terms of the law applicable in the matter.
11. The learned counsel for the petitioner also relied upon the order dated 02.06.2025 passed by the Co- ordinate Bench of this Court in the batch of writ petition in W.P.Nos.202818/2023 and connected matters pertaining
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to the very same National Highway wherein the Co- ordinate Bench of this Court, referring to the judgment of the Apex Court in the case of Bernard Francis Joseph Vaz and others vs. Government of Karnataka and others reported in 2025 SCC OnLine SC 20 in extenso, directed the respondents to pay the compensation in favour of the petitioners by acquiring the subject properties of the petitioners under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 by taking necessary steps in this regard within a period of 3 months from the date of receipt of the copy of the order. They were also directed to pay the compensation, if any, to the petitioners towards the value of the demolished structures, buildings, constructions, etc. of the petitioners in accordance with law.
12. Learned counsel for the petitioners also refers to the judgment of the Hon'ble Apex Court in the case of Re Manoj Tibrewal Akash - (2024 SCC OnLine SC 3210),
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wherein the Apex Court, dealing with the illegal demolition by using bulldozer, had directed the authorities to follow certain guidelines and to pay the compensation.
13. Per contra, learned counsel Sri Lejo Joseph Georje appearing through the video conference along with Sri Santhosh Kumar Maradi appearing in person referring to the letters dated 27.04.2015, as well as letter dated 31.10.2017 produced by the petitioners referred to above, in which the Executive Engineer had apparently stated to have handed over the stretch between Km 195.00 to km 277.000, emphatically submit that the said letters are self explanatory in that the said lands which were originally part of the State Highway were acquired by the State Authority and only thereafter the same have been handed over to the National Highways.
14. Learned counsel referred to Section 11 of the National Highways Authority of India Act, 1988 to contend that the land alongside the State Highway having been entrusted to Central Government, the National Highways
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Authority has merely implemented the project and it has not acquired the land as claimed by the petitioners. Hence, he submits that the National Highways Authority has no role to play in acquiring the lands in question.
15. Learned counsel for the National Highways Authority also refers to the order passed by the Apex Court in the case of Gyan Prakash vs. Union of India and others - (2025) 7 SCC 174 providing for the Highways Authority to carry out survey in exercise of power under Section 26 of the Control of National Highways (Land and Traffic) Act, 2002 for removal of unauthorised occupation so that the highways are clear of encroachments. Therefore, he submits that the clearance of encroachments including demolition of the house of the petitioners was carried out in terms of the said provision.
16. Learned counsel Sri Lejo Joseph George fairly submits that whether or not the land is acquired or entrusted to the National Highways Authority, whenever the demolition of structures existing on the Government
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land on purported premise of same having been
encroached upon is carried out, compensation is required to be paid by the National Highways Authority. He however submits that as regards the payment of compensation in respect of land is concerned, no liability can be fastened unless the land is acquired by the National Highways Authority for the purpose of construction of the house, which is not the case.
17. Learned Additional Government Advocate referring to the very same correspondence namely letter dated 27.04.2015 and 31.10.2017 issued by the Executive Engineer, National Highway Division, Vijayapur insists that the State has no role in acquiring the land and it is the National Highway Authority which has acquired and developed the land into National Highway, liable for payment of compensation.
18. Heard. Perused the records.
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19. The points that arise for consideration are:
(i) Whether the petitioners have made out a case of respondent - National Highways Authority acquiring the land and being liable to pay the compensation?
(ii) Whether the respondent - National Highways Authority have made out a case of they having been merely handed over/entrusted the land by the State Highway Authorities and the Central Government in terms of notification dated 31.03.2015?
(iii) What order?
20. There is no dispute of the fact that the stretch which is now called and known as National Highways Stretch No.218E between Vijayapura - Humnabad via Kalaburagi between the point 195.000 KM to 418.000 KM is a declared National Highway. The said stretch has been divided into two divisions. Firstly, between the point 195.000 km to 277.000 km which falls within Vijayapur division within which the properties of the petitioners were located. The other stretch is between the KM 277.000 to 418.000 KM which falls within the Kalaburagi division and
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is not pertaining to the petitioners. It is also not in dispute that respondent Nos.3 and 4- National Highways Authority carried out the demolition of the structures, buildings and the houses belonging to the petitioners during October, 2018 with the police assistance. So also, there is no dispute of the fact that before carrying out such a demolition drive, the respondent Nos.3 and 4 - National Highways Authority had obtained a valuation report from one G.S. Angadi, Chartered Engineer and Government Registered Valuer and Consultant, who had submitted his detailed valuation report as produced by the petitioners at Annexure-N. To this extent there is no dispute that respondent Nos.3 and 4 - National Highways Authority having taken over the land and the structure existing thereon has formed National Highway.
21. As fairly submitted by the learned counsel appearing for the National Highways Authority, it is their responsibility to pay the compensation in respect of the structure which existed on the said land.
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22. As regards the land over which the said structure existed, there is a dispute as to who has acquired the land in question. In other words, whether the acquisition of land was by the National Highways Authority on the or the State Government? Necessary to refer to the contents of correspondence emanating from the Office of Executive Engineer, National Highway Division, Vijaypura dated 27.04.2015 addressed as per Annexure-G to the Project Director and Deputy General Manager reads as under:
"With reference to the above subject and reference, I am herewith handing over the road stretch from Km 195.00 to 277.000. The details of road furniture, carriageway and the present position of the road condition with DLP details are enclosed for your kind perusal and further needful in the matter."
23. Perusal of the above correspondence indicates that the stretch between KM 195.00 to 277.00 has been 'handed over' along with details of the road furniture,
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carriageway and present position of road to the National Highways Authority.
24. Another correspondence dated 31.10.2017 again issued from the Office of Executive Engineer, National Highway Division, Vijaypura addressed to the Project Director, National Highways Authority as per Annexure-H reads as under:
"With reference to above subject, the stretch of NH-218E i.e., Ch Km 195.000 to Km 418.000 is originally State Highway. After upgrading the National Highway the stretch of Km 277.00 (Jeratagi) to Km 418.000 (Humnabad) is taken from KRDCL. Similarly from Km 195.000 (Vijayapura) to Km 277.00 (Jeratagi) is taken from KSHIP. This Division has not acquired any land for the above road stretches. Hence it is requested to obtain the required information as desired by you from KRDCL and KSHIP."
25. Close perusal of the said letter would indicate that the stretch between KM 195.000 to KM 418.000 was originally a State Highway and that the same at the time of upgradation work was taken over by the National Highways Authority from KRDCL and KSHIP respectively between the stretches mentioned therein. The Executive
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Engineer, however, has declared that the division has not acquired any land for the above said roads. It is this correspondence which is heavily relied upon by the National Highways Authority, to distance themselves from the allegation of they having acquired the land. In furtherance, National Highways Authority has also relied upon the notification dated 31.03.2015 produced at Annexure-R3. The said notification issued by the Ministry of Road Transport and Highways, which reads as under:
"S.O. 883(E)-In exercise of the powers conferred by Section 11 of the National Highways Authority of India Act, 1988 (68 of 1988), the Central Government hereby entrusts the stretch of National Highways, as specified in column (3) of the Table below, of the section as specified in column (2) of the National Highway as specified in the corresponding entry in column (1) of the said Table, to the National Highways Authority of India, namely:-
New Old Section of Stretches in
National National National Highway Kilometers
Highway Highway
No. No.
(1) (2) (3) (4)
"50 218 Bijapur-Gulbarga- From
Humnabad section Km.195.000 to
(In the State of Km.418.000"
Karnataka)
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26. Clearly the said notification indicates that the stretch National Highway 2018 between Bijapur-Gulbarga-
Homnabad section has been "entrusted" to the National Highways Authority of India by the Central Government.
27. Section 11 of the National Highways Authority of India Act, 1988 [hereinafter referred to as the 'NHAI Act' for brevity] reads as under:
"11. Power of the Central Government to vest or entrust any national highway in the Authority.- The Central Government may, from time to time, by notification in the Official Gazette, vest in, or entrust to, the Authority, such national highway or any stretch thereof as may be specified in such notification."
28. It is also relevant to refer to Section 13 of the NHAI Act which reads as under:
"13. Compulsory acquisition of land for the Authority.- Any land required by the Authority for discharging its functions under this Act shall be deemed to be land needed for a public purpose and such land may be acquired for the Authority under the provisions of the National Highways Act, 1956."
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29. From the material extracted hereinabove and the provisions of Sections 11 and 13 of the NHAI Act as referred to above, what emerges is that the National Highways Authority would get the lands vested in it in the form of same having been handed over/ entrusted in terms of notification. Section 11 therefore does not contemplate acquisition of the land by the National Highways Authority. However, Section 13 of the NHAI Act would indicate that any land required by the authority for discharging its function under this Act shall be deemed to be needed for public purposes and such land may be acquired for the authority under the provisions of the National Highways Act, 1956.
30. Admittedly, prior to up-gradation of this State Highway-12 to the National Highway, the same was within the State Highway Authority. The correspondences referred to above dated 24.07.2015 and 31.10.2017 indicate that the State Highway Authority namely KRDCL and KSHIP handed over the said stretch to the National
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Highways Authority, but both the National Highways Authority as well as the State Highway Authorities are shying away from disclosing as to who indeed has acquired the land, leaving the petitioners in the state of uncertainty to seek compensation. When admittedly the structures existing on the lands were assessed, valuations were carried out by the National Highways Authority and it is the National Highways Authority which has demolished the structures and buildings existing thereon, it was incumbent upon the National Highways Authority to have verified as to whom the land belonged. This is particularly in view of the fact that the demolition of the buildings have taken place during the month of October, 2018, this is emanating from the letter dated 22.10.2018 issued by the National Highways Authority to the Deputy Commissioner, Vijayapura, produced at Annexure-Q to the writ petition, wherein the respondent - National Highways Authority has sought necessary police protection and administrative support of M/s. L & T Limited, their
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representatives during the encroachment removal and execution of work. The correspondence dated 31.10.2017 produced at Annexure-H, as extracted above would indicate that the National Highways Authority itself had sought information as to who had acquired the land, which was met with a reply by the Executive Engineer on 31.10.2017 as noted above, indicating that the division has not acquired the said land. In other words, National Highways Authority was very well within its know-how, even when it obtained the valuation of the buildings and structures during the month of October, 2017 that the State had not acquired the land.
31. Therefore, prima facie this Court is of the view that it does not lie in the mouth of National Highways Authority now to contend that they are not aware as to who had acquired the land.
32. The Hon'ble Apex Court in the case of Kolkata Municipal Corporation and another vs. Bimal Kumar Shah and another - (2024) 10 SCC 533, laying down
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the rights of a citizen losing the land for the public purposes has held at paragraph 30 as under :
"30. What then are these sub-rights or strands of this swadeshi constitutional fabric constituting the right to property? Seven such sub-rights can be identified, albeit non-exhaustive. These are :
i) The duty of the State to inform the person that it intends to acquire his property - the right to notice,
ii) The duty of the State to hear objections to the acquisition-the right to be heard,
iii) The duty of the State to inform the person of its decision to acquire-the right to a reasoned decision,
iv) The duty of the State to demonstrate that the acquisition is for public purpose-the duty to acquire only for public purpose,
v) The duty of the State to restitute and rehabilitate - the right of restitution or fair compensation,
vi) The duty of the State to conduct the process of acquisition efficiently and within prescribed timelines of the proceedings-the right to an efficient and expeditious process, and
vii) The final conclusion of the proceedings leading to vesting - the right of conclusion."
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33. The constitutional right to property guaranteed under Article 300A of the Constitution of India envisages a corresponding obligation on the State Authorities to ensure that land losers are compensated justly and in accordance with law. A State that too an entity as that of National Highways Authority cannot be heard to say that it is not its responsibility to even ascertain how did it get the land, more so when the said authority itself had sought for the clarification from the State Authorities as to who had acquired the land and the same was befittingly replied. The National Highways Authority, in the facts and circumstances of the matter, cannot take shelter under Section 11 of the NHAI Act and the notification dated 31.03.2015 produced at Annexure-R3 to contend that the lands were merely entrusted to the National Highways Authority.
34. In the light of provision of Section 13 of the NHAI and under the circumstances it shall be deemed that land of the petitioners were needed for by National
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Highways Authority for public purpose and same shall be acquired as provided thereunder.
35. Having said that it is open for the National Highways Authority to enquire and ascertain as to who acquired the land and if it is found that acquisition was by State seek and avail necessary remedy in that regard.
36. In that view of the matter, the writ petitions are allowed with the following directions:
(i) Respondent Nos.3 and 4 - National Highways Authority shall initiate the process of acquisition proceedings and pay the compensation to the petitioners in accordance with the present applicable provisions of law after holding an enquiry with regard to their extent of land acquired and their entitlement for compensation towards land and buildings subject to petitioners furnishing the records justifying their claim;
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(ii) National Highways Authority have been at liberty to seek reimbursement, if it is found that the land had been earlier acquired by the State and merely entrusted to it, if so advised.
Sd/-
(M.G.S.KAMAL) JUDGE SN/SWK List No.: 1 Sl No.: 36 CT:PK