Karnataka High Court
Sri Vinay @ Vinay Belluru vs The Union Of India on 26 June, 2018
Author: Aravind Kumar
Bench: Aravind Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JUNE, 2018
BEFORE
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
WRIT PETITION NOs.9458-9466/2014 (LA-RES)
BETWEEN:
1. SRI VINAY @ VINAY BELLURU
S/O SRI B N DEVARAJ
AGED ABOUT 50 YEARS
ANEMAHAL, SAKLESHPUR TALUK
HASSAN DISTRICT.
2. SMT B S KATHYAYINI
W/O LATE B SHIVAKUMAR
AGED ABOUT 45 YEARS
KITHALEMANE ESTATE
BALLUPET
SAKLESHPUR TALUK.
3. SRI K B JAYACHANDRA
S/O K M BASAVARAJU
AGED ABOUT 55 YEARS
GULAGALALE ESTATE
BAGE POST
SAKLESHPUR TALUK.
4. SMT K B POORNIMA
D/O K M BASAVARAJU
AGED ABOUT 50 YEARS
GULAGALALE ESTATE
BAGE POST
SAKLESHPUR TALUK
5. SMT K B KAMALA
W/O K M BASAVARAJU
AGED ABOUT 48 YEARS
GULAGALALE ESTATE
2
BAGE POST
SAKLESHPUR TALUK
6. SRI B G SIDDARTHA
S/O SRI GURUPRAKASH
AGED ABOUT 38 YEARS
BALLUPET
SAKLESHPUR TALUK
7. SRI K PRAKASH CHANDRA SETTY
S/O SRI R SEENAPPA SETTY
AGED ABOUT 64 YEARS
III MAIN ROAD
LAKXMIPURAM ROAD
SAKLESHPUR TOWN
8. SRI B S ROHITH
S/O SRI B SHIVAKUMAR
AGED ABOUT 34 YEARS
BAGE VILLAGE
BELAGODU HOBLI
SAKLESHPUR TALUK
9. DR RAVIKIRAN B
S/O MAHABALESHWARA BHATT
AGED ABOUT 35 YEARS
MALLIKARJUNANAGAR
SAKLESHPUR 573 134
... PETITIONERS
(BY SMT SMITHA PRAKASH FOR
SRI. G R PRAKASH, ADVOCATES)
AND:
1. THE UNION OF INDIA
REP. BY ITS SECRETARY
MINISTRY OF FOOD TRANSPORT &
HIGHWAYS, NEW DELHI- 110 001
2. THE SPECIAL LAND ACQUISITION
OFFICER & COMPETENT AUTHORITY
NATIONAL HIGHWAYS AUTHORITY OF INDIA
3
NH 48, HASSAN-BC ROAD SECTION
HASSAN
3. THE PROJECT DIRECTOR
NATIONAL HIGHWAYS AUTHORITY OF INDIA
PROJECT IMPLEMENTATION UNION
BANGALORE .
... RESPONDENTS
(BY SRI.E.S. INDIRESH, AGA FOR R1;
SRI. M.V. KINI, ADVOCATE FOR R2 & R3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE
226 OF CONSTITUTION OF INDIA PRAYING TO SET ASIDE
THE NOTIFICATION DATED 6.2.2013 ISSUED UNDER SEC.
3-D[1] OF NATIONAL HIGHWAYS ACT 1956 BY THE R-1
VIDE ANN-A AND THE NEWSPAPER NOTIFICATION DATED
24.12.2013 ISSUED UNDER SEC. 3-D[1] AND [2] OF
NATIONAL HIGHWAYS ACT 1956 BY THE R-1 VIDE ANN-D,
BOTH NOTIFIED BY THE R-2 AS UNLAWFUL.
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Petitioners have sought for quashing of the Notification dated 06.02.2013 - Annexure-A issued under Section 3-A(1) of National Highways Act, 1956 and Notification dated 24.12.2013 - Annexure-D issued under Section 3-D(1) of National Highways Act, 1956, by first respondent and notified by the second respondent on the grounds urged in the writ petitions.
42. A joint memo has been filed by petitioners and third respondent on 23.06.2018 enclosing the proceedings of the meeting held on 22.05.2018, whereunder the subject matter of land involved in these writ petitions has been delved upon, wherein writ petitioners 1, 7 and 9 had participated in the said proceedings along with the learned Advocate appearing on behalf of petitioners and also the learned counsel appearing for National Highway Authority being represented. A settlement has been arrived at between parties as recorded in the minutes of the meeting held on 22.05.2018 whereunder petitioners have agreed and consented for the acquisition of the lands proposed to be acquired under the impugned notifications and insofar as dispute relating to apportionment of compensation amongst the petitioners, it has been resolved and agreed to under the settlement so arrived at, which came to be recorded in the said meeting held on 22.05.2018 in the Office of Regional Officer, National Highways Authority of India, Nagasandra, Peenya, 5 Bangalore. Terms of settlement so arrived at between parties reads as under:
"Property belonging to Sri Vinay @ Vinay Belluru, Petitioner No.1 (A) Sy.No. 143/3 (Belonging to Sri B.D.Vivek, brother of Petitioner No.1) The land has been re-surveyed and found that only 101 Sq. Mtrs., of land is required for the Highway Project, i.e., Right of way (ROW), though the acquisition Notification is made for 820 square. Hence, the Endorsement confirming the actual requirement of land shall be issue and the remaining land shall continue to vest with the petitioner without any interference or utilization of NHAI.
(B) Sy.No.147 The acquisition Notification is for the actual land and the petitioner agrees for handing over the land, subject to payment of fair market value in terms of Schedules of RFCTLARR Act. The authorities have not passed award so far and the award shall be passed soon, and payment made.(C) Sy.No.146/2
The land notified for acquisition is 8311 square meters. On re-survey of the land, it is found that only 3238 square meters of land is required, for which Additional 3D Notification No. SO-3279(E) dated 26/12/2014 has come to be issued. It is informed by the authorities that no award is passed yet and shall be passed soon and payment made. Endorsement confirming 6 the actual requirement of land shall be issued and the un-utilised land shall continue to vest with the petitioner without any interference or utilization by NHAI.
It is agreed to pass the award taking into account the land being converted to non-agricultural residential purposes way back in 1967-68. The petitioner has also informed that the land has commercial potentiality. The same be considered on production of relevant records as per NH & RFCTLARR Act-2013.
The compensation amount of Sy.no.146/2 of Kasaba Sakaleshpur Village measuring 3237.47 sq.m needs to be apportioned among the three owners of the land, which is submitted as follows:
Sl. Name Area in Katha No.
No. Sq.M.
1 Vinay @ Vinay 1180.98 13/1, 35/1,
Belluru 35/2p
2 B.D.Vivek 1167.88 35/4, 35/5
3 B.D.Vikram 888.61 35/2p, 35/3
Property belonging to
Smt.B.S.Kathyayini, Petitioner No.2 All that piece and parcel of the property bearing Sy.Nos.21 and 154 of Bage Village, Sakleshpur Taluk As the technical issues have been sorted out, it was decided that the matter shall stand closed and the authorities shall pass awards in terms of Schedules to 7 RFCTLARR Act taking into account the fair market value.
Property belonging to Sri.K.B.Jayachandra, Petitioner No.3 All that piece and parcel of the property bearing Sy.Nos. 23 and 24 of Gulagalale village, Sakleshpur Taluk.
As the technical issues have been sorted out, it was decided that the matter shall stand closed and the authorities shall pass awards in terms of Schedules to RFCTLARR Act taking into account the fair market value.
Property belonging to Smt. K.B.Poornima, Petitioner No.4 All that piece and parcel of the property bearing Sy.No.39 of Gulagalale village, Sakleshpur Taluk As the technical issues have been sorted out, it was decided that the matter shall stand closed and the authorities shall pass awards in terms of Schedules to RFCTLARR Act taking into account the fair market value.
Property belonging to Smt. K.B.Kamala, Petitioner No.5 All that piece and parcel of the property bearing Sy.No.38 and 40 of Gulagalale village, Sakleshpur Taluk As the technical issues have been sorted out, it was decided that the matter shall stand closed and the authorities shall 8 pass awards in terms of Schedules to RFCTLARR Act taking into account the fair market value.
Property belonging to Sri.B.G.Siddartha, Petitioner No.6 All that piece and parcel of the property bearing Sy.No.144 of Ballu village, Sakleshpur Taluk As the technical issues have been sorted out, it was decided that the matter shall stand closed and the authorities shall pass awards in terms of Schedules to RFCTLARR Act taking into account the fair market value.
Property belonging to Sri Prakash Chandra Shetty, Petitioner No.7 All that piece and parcel of Site Nos.3922/3369, 3923/3570, 3930/3577 and 3931/3578, situated at Mallikarjuna Nagar Extension, Sakleshpur Town in all measurig 10755 sq. ft.
Though the lands have been converted to non-agricultural residential purposes way back in 1966 and layout of sites have been formed, it is shown as agricultural land in the Gazette Notification. Hence, the compensation amount shall be paid in terms of fair market value of residential plot.
Property belonging to Sri. B.S.Rohit, Petitioner No.8 9 All that piece and parcel of the property bearing Sy.No. 206 of Yedehalli village, Sakleshpur Taluk.
As the technical issues have been sorted out, it was decided that the matter shall stand closed and the authorities shall pass awards in terms of Schedules to RFCTLARR Act taking into account the fair market value.
Property belonging to Dr. Ravikiran, Petitioner No.9 All that piece and parcel of the residential site bearing No. 3942/3589, situated at Mallikarjunanagar, Sakleshpur.
The lands wherein the plot is situated have been converted to non-agricultural residential purposes way back in 1966-67 and layout of sites have been formed, it is shown as Government Road/Kharab/Dry in the Gazette Notification. As the land belongs to the Petitioner, the compensation amount shall be paid in terms of fair market value of residential plot. The valuation of the entire house shall be made and paid, as the safe zone is unable to be arrived at in the instant case."
3. In the light of settlement arrived at between parties and Sri.R.V.Naik, learned counsel representing National Highways Authority of India agreeing to take steps to ensure that awards are passed and the arrangements would be made for payment of 10 compensation in terms thereof immediately, by placing the memo as also the minutes recorded on 22.05.2018, which is enclosed to the memo as well as submission made by Sri.R.V.Naik on record, these writ petitions stands disposed of in terms of the joint memo.
Ordered accordingly.
SD/-
JUDGE DR