Karnataka High Court
D.N. Muniraju vs National Highways Authority Of India on 27 September, 2023
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
-1-
NC: 2023:KHC:35232
WP No. 11869 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT PETITION NO. 11869 OF 2023 (LA-RES)
BETWEEN:
1. D.N. MUNIRAJU
AGED ABOUT 56 YEARS,
S/O NARAYANAPPA,
R/AT MAIN ROAD,
DODASABBENAHALLI
MALUR TLAUK
KOLAR DISTRICT-563130.
2. H S MANJUNATH @ SURESH
AGED ABOUT 54 YEARS,
S/O SONNAPPA,
R/AT HUNGENAHALLI,
MALUR TALUK
Digitally KOLAR DISTRICT-563130.
signed by
SUMA B N
3. D N NAGAPPA
Location: AGED ABOUT 65 YEARS
High Court
S/O VENKATARAMANAPPA
of
Karnataka R/AT DODDASABBENAHALLI,
MALUR TALUK
KOLAR DISTRICT-563130.
4. D N SRINIVASA
AGED ABOUT 58 YEARS
S/O NARAYANAPPA
R/AT DODDASABBENAHALLI,
MALUR TALUK
KOLAR DISTRICT-563130.
-2-
NC: 2023:KHC:35232
WP No. 11869 of 2023
5. VENKATESHAPPA D N,
AGED ABOUT 68 YEARS
S/O NARAYANAPPA
R/AT DODDASABBENAHALLI
HONGENAHALLI, MALUR TALUK,
KOLAR DISTRICT-563130.
6. SMT HANUMAKKA
AGED ABOUT 72 YEARS
W/O G ANJANAPPA
R/AT NO.1385, 2ND CROSS
MARAPPA PALYA,
YESHWANTHPURA,
BANGALORE NORTH,
YESHWANTHPURA,
BANGALORE-560022.
...PETITIONERS
(BY SRI. C M NAGABUSHANA., ADVOCATE A/W
SRI. P.V. CHANDRASHEKAR, ADVOCATES)
AND:
1. NATIONAL HIGHWAYS AUTHORITY OF INDIA
NEAR DEEPAK BUS STAND,
NAGASANDRA
M S RAMAIAH ENCLAVE, NH4,
TUMKUR ROAD,
BENGALURU-560073
REPRESENTED BY ITS CHAIRMAN.
2. THE PROJECT DIRECTOR
THE PROJECT IMPLEMENTATION
BANGALORE (EXPRESS WAY)
CHENNAI EXPRESS WAY CORRIDOR
NATIONAL AUTHORITY OF INDIA,
HMT LAYOUT,
NAGASANDRA POST,
NELAGADARANAHALLI,
BANGALORE-560073.
-3-
NC: 2023:KHC:35232
WP No. 11869 of 2023
3. SPECIAL LAND ACQUISITON OFFICER,
AND COMPETENT AUTHORITY,
NHAI (BANGALORE CHENNAI EXPRESS WAY)
NO.678/3, NEERUBHAVI KEMPANNA LAYOUT,
HEBBAL, BANGALORE-560024.
4. THE STATE OF KARNATAKA,
DEPARTMENT OF REVENUE,
VIKASA SOUDHA,
AMBEDKAR VEEDHI,
BANGALORE-560001,
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
5. THE DEPUTY COMMISSIONER
KUMBARAHALLI MULABAGAL ROAD
NH-75, KOLAR-563127.
6. THE ASSISTANT COMMISSIONER
GOWRIPETE, KOLAR SUB-DIVISION
KOLAR-563101.
7. THE THASHILDAR
MALUR TALUK
MALUR-563130.
...RESPONDENTS
(BY SRI.GIRIDHAR S.V. ADVOCATE FOR R1 & R2;
SRI. PRAKASHA ANGADI, B.V., ADVOCATE FOR R3
SRI. YOGESH D. NAIK, AGA FOR R4-R7)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
i) ISSUE A WRIT OF MANDAMUS, DIRECTION OR ORDER OF
SIMILAR NATURE OF DIRECTING THE RESPONDENT NOs.1 TO
3 NOT TO BLOCK THE ROADS LEADING FROM
DODDASABENAHALLI VILLAGE TO NAMBINGANAHALLI AND
HOSSAHALLI VILLAGES AS INDICATED IN THE VILLAGE MAP
AT ANNEXURE-B, INSTATED PROVIDE AN UNDERPASS TO THE
PUBLIC AND VILLAGERS AND ETC.,
-4-
NC: 2023:KHC:35232
WP No. 11869 of 2023
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This writ petition is filed seeking following reliefs;
(i) Issue a writ of mandamus, direction or order of similar nature of directing the respondents 1 to 3 not to block the roads leading from Doddasabenahalli village to Nambiganahalli and Hossahalli villages as indicated in the village map at Annexure-B, instated provide an underpass to the public and villagers.
ii) Issue a writ of mandamus, direction or orders directing the respondents 1 to 3 to consider the representation 18.04.2023 of the petitioners at Annexure-C and provide under pass for their movement over the Doddasabenahalli, Nambiganahalli and Hossahalli villages is not prevented/blocked from use by petitioners villagers.
iii) Issue a writ of mandamus, direction or orders directing the respondent No.5 to see that, the road existing between Doddasabenahalli, Nambiganahalli and Hossahalli villages.
2. Sri. C.M.Nagabhushana, learned counsel along with Sri. P.V.Chandrashekar, learned counsel for the petitioners reiterating the grounds urged in the memorandum of petition submits that; -5-
NC: 2023:KHC:35232 WP No. 11869 of 2023
(a) the petitioners are the owners and are in possession of certain lands situated at Doddasabenahalli village, Kasaba Hobli, Malur Taluk, Malur. That, there are three roads leading from Doddasabenahalli village and connecting to other adjoining village roads, which pass through agricultural lands situated around Doddasabenahalli village. That the respondent No.1 acquired certain lands situated at Doddasabenahalli village and other adjoining villages for the purpose of formation of Bangalore-Chennai National Highway in terms of notification dated 13.06.2017 issued under Section 3(d)(1) of the National Highways Authority of India Act, 1988. That in the process of construction of the highway the roads leading from Doddasabenahalli village connecting to Chikkasabenahalli and Doddasabenahalli village connecting to Nambigenahalli village and Hosahalli villages are being blocked and disconnected. That formation of national highway would extinguish the existing -6- NC: 2023:KHC:35232 WP No. 11869 of 2023 government roads connecting the aforesaid villages. That the petitioners therefore made a representation as per Annexure-C to the respondent Nos.1 and 2 to provide an underpass at the points of the existing road connecting the aforesaid two villages. That the petitioners had also made representations to the respondent Nos. 5 to 7 to ensure the existing roads be maintained as they are, in the interest of general public.
(b) that in view of constructions of National Highway, the petitioners who are agriculturist are made to take long distance covering over about 5 to 6 kilometers which earlier they had to cover just about one and half kilometers. Thus, it is submits that the petitioners having put to untold hardship and misery at the hands of the respondents-NH authority. Hence, they are before this Court seeking indulgence in the matter.
-7-
NC: 2023:KHC:35232 WP No. 11869 of 2023
(c) that there is an extent of 20 ft. wide land available on the southern side of the highway, where proposed Ramp-1(loop) of the national highway is sought to be constructed. Adjoining the said point at Ramp-1, the lands of the petitioners are situated. Therefore, learned counsel for the petitioners submits that a direction be issued to the respondents to form an access road enabling the petitioners to have easy access to their lands situated on the southern side of the highway. With theses submission relief as sought for in the petition and the additional relief is sought to be granted.
3. In response, Sri. Giridhar S.V, learned counsel for the respondent -NH authority referring to a sketch which is produced along with statement of objections at Annexure-R2 submits that;
(a) the writ petition in the first place is not maintainable as the reliefs sought are in the nature of public interest and as such writ petition cannot be -8- NC: 2023:KHC:35232 WP No. 11869 of 2023 entertained. Alternatively, he submits that no hardship of any nature whatsoever would be caused to the petitioners as the respondents-authorities concerned have ensured that adequate access is provided to the petitioners and other general public.
(b) that in any event construction of a National Highway is strictly in accordance with the specifications and standards provided for construction of express ways taking into consideration of the mandate to maintain the existing connectivities as much as possible.
(c) Elaborating the said submission, learned counsel referred to the sketch produced at Annexure- R2 and submits that there are three Alternate Routes provided connecting the Doddasabenahalli village to Nambiganahalli village. He submits that Alternate Route No.1 which passes through a vehicular underpass would take a distance of about less than two kilometers for the petitioners to reach from -9- NC: 2023:KHC:35232 WP No. 11869 of 2023 Doddasabenahalli village to Nambigenahalli village. Alternate Route No.2 is one which was existing even prior to construction of National Highway and there has been no change of any nature whatsoever as regards the distance is concerned.
(d) As regards the Alternate Route No.3 is concerned, which the petitioners are insisting for a direction to provide an underpass, it is his submission that adjoining the said point a Box Culvert is provided. That the said Box Culvert has to be in accordance with specification of Expressway and there cannot be any change or alteration in the same.
(e) that as per the specification and standards, there should be a distance of one and half kilometers between two underpasses and a Box Culvert at the midst of these two underpasses has to be at the lowest point enabling draining out natural water.
- 10 -
NC: 2023:KHC:35232 WP No. 11869 of 2023
(f) that the Box Culvert which is provided is to meet this technical specification and requirement and same cannot be converted into an underpass as being insisted by the petitioners.
(g) In response to the submission of the learned counsel for the petitioners for a direction to provide access through the Ramp No.1, he submits that the Project Expressway is designed for the fast moving traffic with full control of access. The access is provided with grade separators at location of intersections. Except access at these points no other access is permitted on the Expressway. Since the design and specification of the national highway is as such, no service roads are provided. He submits that the underpass which are provided in the instant case are sufficient enough to meet and cater to the requirement not only of the petitioners but of general public.
- 11 -
NC: 2023:KHC:35232 WP No. 11869 of 2023
(h) He further submits that the width of the vehicular underpass provided at Alternate Route No.1 is 12 meters and height is 5.5 meters. Referring to the said specification, learned counsel submits that the said width and height is as per the requirement of the vehicular movement provided under the Motor Vehicles Act and IRC 099 of 2013 issued by the Ministry of Road Transport and Highways. Similarly, width of the vehicular underpass provided at Alternate Route No.1 is 10.5 meters and height is 3.5 meters respectively. As regards the Box Culvert is concerned, he submits that the same can be used as ingress and egress using two wheelers, bullock carts and small passenger vehicles. Therefore, his submission is that no inconvenience of any nature whatsoever would be caused to the petitioners in having access depending upon their requirement at all these three points including the Box Culvert.
- 12 -
NC: 2023:KHC:35232 WP No. 11869 of 2023
(i). As regards the request of the petitioners for a direction to the respondent No.5 to consider the application /representation in forming a road at the available 20 ft., wide land near Ramp No.1, it is the submission of learned counsel for the respondent No.1 that no such request can be considered inasmuch as the said land formed part of the land acquired by the National Highways authorities and even the respondent No.5-Deputy Commissioner may not have any jurisdiction to consider such a request.
(j) He also refers to an order passed by the Division Bench of this Court in W.P.No.4461/2020 dated 10.03.2021 a public interest litigation wherein some what similar issues were raised with regard to inconvenience that would be caused to the local residence where a national highway No.44 was being constructed. Considering the submissions and the contentions urged in the said writ petition, the Division Bench of this court declining to interfere has
- 13 -
NC: 2023:KHC:35232 WP No. 11869 of 2023 held that the design and construction of the infrastructure like national highways is best left to experts domain. Thus, relying upon the aforesaid material and details learned counsel for the respondent-National Highways authorities seeks dismissal of the writ petition.
4. Learned AGA appearing for the respondent - State supplementing the submission made by the counsel for the respondent-National Highways further submits that once the land is notified and acquired by the national highway authorities, the State authorities would cease to have any jurisdiction over the said area. He submits that even the representation to be made to the respondent - authorities may create conflicting issues as the State authorities would not have right to deal with the same.
5. Heard. Perused the records.
6. There is no dispute with regard to facts involved in the matter. All that is required to be considered in this
- 14 -
NC: 2023:KHC:35232 WP No. 11869 of 2023 writ petition is if the petitioners are entitled for the relief as sought for and if there is any inconvenience being caused to the petitioners by formation of national highway by the respondent No.1 on the land acquired for the said purposes and the sketch produced by the respondent-NH authorities at Annexure-R2 is referred to for better analysis of the contentions being raised in the matter. The sketch is as under.
- 15 -
NC: 2023:KHC:35232 WP No. 11869 of 2023
8. It is seen that there are three access roads existing from Doddasabenahalli village (parallel road) connecting to Nambiganahalli village road. These three roads are referred to as Alternate Route No.1, Alternate Route No.2 and Alternate Route 3 in the sketch. The distance between from Doddasabenahalli village and Chikkasabenahalli village through Alternate Route No.1 is shown as 0.800 kilometers. The distance between Doddasabenahalli village and Chikkasabenahalli village through Alternate Route No.3 is shown as 0.570 kilometers. The distance between Doddasabenahalli village and Doddakunthur intersection is shown as 2.061 kilometers through Alternate Route No.2. As submitted by learned counsel for the respondent Nos. 1 and 2 since Alternate Route No.2 has been retained as it existed and an underpass has been provided (LUVP), the requirement of mentioning the distance may not be necessary. Now, the distance between Chikkasabenahalli village and
- 16 -
NC: 2023:KHC:35232 WP No. 11869 of 2023 Nambigenahalli village is shown as about 1½ kilometers. This distance of 1½ kilometers is stated to be in accordance with the specification required to be maintained between two underpasses in a national highway. In the instant case, the underpasses shown in the map is of "23X750 VUP" and "25+150 LVUP".
9. Thus, the distance between Doddasabenahalli village and Nambigenahalli village through Alternate Route No.1 is little over 2 kilometers. It is fairly submitted by the learned counsel for the petitioners that if the distance is about 2 kilometers, petitioners would not insist for any relief in that regard. However, he insisted that a Commissioner be appointed to find specific distance between Doddasabenahalli village and Nambigenahalli village through Alternate Route No.1. This court do not find it necessary as a responsible statement is made across the Bar by the learned counsel for the respondent No.1, particularly with reference to Annexures-R1 and R2 giving details of specific distance, point by point and as
- 17 -
NC: 2023:KHC:35232 WP No. 11869 of 2023 already noted above, the said sketch has been reproduced as part of this order.
10. As regards Alternate Route No.2 is concerned, petitioners can nor have any grouse, inasmuch as there is no change in the said route in any manner whatsoever.
11. Coming to the Alternate Route No.3 where the petitioners are insisting for an underpass to be created, as submitted learned counsel for the respondent Nos.1 and 2- the said point has been used to construct a Box Culvert which is stated to be the lowest point between the two underpasses required for draining out natural water and that is as per prescribed specification and standards of national highway and there cannot be any change or alteration with regard to the same.
12. It is appropriate to refer to the order dated 10.03.2021 passed by the Division Bench of this Court in W.P.No.4461/2022 wherein some what similar situations and issues were raised by certain farmers with regard to
- 18 -
NC: 2023:KHC:35232 WP No. 11869 of 2023 construction of national highway-NH.44. The Division Bench at para 5 of the order has observed that "How Highway is to be constructed is a matter which should be best left to the experts in the filed. Neither the petitioners nor the judges are experts in the filed. In the absence of any allegation of any illegality associated with the project, a writ court cannot use a writ of mandamus directing consideration of the representations made by the petitioners".
13. In view of the aforesaid facts and analysis, this Court do not find that the petitioners have made out any grounds with regard to any inconvenience being caused to them by formation of National Highway except that their use of Alternate Route No.3 is restricted only to bullock carts, two wheelers and passengers vehicles. Though a submission was made by the learned counsel for the petitioners that they will not able to carry heavy vehicles such as tractor with Trailer, goods lorry, tempos, bore well
- 19 -
NC: 2023:KHC:35232 WP No. 11869 of 2023 rigs etc., this court is of a view that use of such heavy vehicles can be made through Alternate Route No.1 and such uses may not be as frequent as that of the use of through existing Alternate Route No.3 which remains unhindered. As such, the submission of the petitioners that they have to travel to 6 to 7 kilometers to reach Nambigenahalli village through Doddasabenahalli village cannot be countenanced.
14. Adverting to the alternate submission made by the learned counsel for the petitioners for a direction to the respondent No.5 to utilize 20 ft., wide land lying on the southern side of the national highway a point at Ramp No.1, the said submission also cannot be countenanced as the said portion of land admittedly forms part of the land acquired by National Highway of India and there is no challenge to the said acquisition and the said acquisition having attained finality, such a relief cannot be granted. Needless to mention, should there be any area available
- 20 -
NC: 2023:KHC:35232 WP No. 11869 of 2023 other than the acquired land capable of being utilized for the public purposes, petitioners at liberty to make representation to the respondent No.5, who shall consider such representation for providing access to the petitioners to their lands situated on the southern side of the acquired land of national highways, if permissible under law.
With the above observation, petition is disposed of.
Sd/-
JUDGE RU