Karnataka High Court
Smt K Ambika Patil vs The National Highway Authority Of India on 20 September, 2023
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
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NC: 2023:KHC:34017
WP No. 16044 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT PETITION NO. 16044 OF 2022 (LA-RES)
BETWEEN:
1. SMT K AMBIKA PATIL
AGED ABOUT 56 YEARS
W/O LATE SHIVAKUAMR PATIL
NO. 5655, I MAIN 2ND STAGE
VIJAYANAGARA
MYSORE 570017
2. SMT. DANASHEELA
AGED ABOUT 52 YEARS
W/O A.R. JAYAPRAKASH PATIL
NO. 5655, I MAIN , 2ND STAGE
VIJAYANAGARA
MYSORE 570017
...PETITIONERS
(BY SRI. KALLESHAPPA K S., ADVOCATE)
Digitally signed
by SUMA B N
Location: High
Court of AND:
Karnataka
1. THE NATIONAL HIGHWAY AUTHORITY OF INDIA
OFFICE OF THE SPECIAL
LAND ACQUISITION OFFICER
AND COMPETENT AUTHORITY
NATIONAL HIGH -275
(NTSIRE-MADIKERI DIVISION)
NO. 984, I FLOOR, GEETHA ROAD,
CHAMARAJAPURAM, MSYORE 570005
REPRESENTED BY ITS SPECIAL LAND
ACQUISITION OFFICER AND
COMPETENT AUTHORITY
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NC: 2023:KHC:34017
WP No. 16044 of 2022
2. GRAM PANCHAYAT
GUNGRALACHATRA GRAM PANCHAYAT
MYSORE TALUK
MYSORE DISTRICT
BY ITS PANCHAYAT
DEVELOPMENT OFFICER 570 021
3. TALUK PANCHAYAT
MYSORE TALUK
BY ITS EXECUTIVE OFFICER 550 005
4. ZILLA PANCHAYAT
MYSORE DISTRICT
BYITS CHIEF EXECUTIVE OFFICER 570 002
5. JOINT DIRECTOR
TOWN PLANNING
MYSORE 570 001
...RESPONDENTS
(BY SRI HANUMANTHA REDDY G, ADVOCATE FOR R1
SRI B J SOMAYAJI, ADVOCATE FOR R4
R2, R3, R5 ARE SERVED AND UNREPRESENTED)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT
BEARING NO.LAO/NH/2022-23/648 DTD 7.7.2022 ISSUED BY R1 AS
PER ANNEXURE-L AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B'
GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Counsel for the petitioners is present.
2. None appears for the respondents.
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NC: 2023:KHC:34017 WP No. 16044 of 2022
3. Petitioners are before this Court seeking direction to the respondent - National Highway Authority to issue No Objection Certificate enabling the petitioners to seek issue of modified layout plan. The said situation has necessitated in view of the fact that the petitioners were earlier issued with a layout plan on 25.8.2015 by the Town Planning Authority. Subsequently, on 3.12.2020 the first respondent sought to acquire a portion of the land belonging to the petitioners. In view of the acquisition of a portion of the land belonging to the petitioners, the petitioners made an application for issuance of a revised layout plan. In response thereof, the endorsement at Annexure-K was issued stating that since the land has already been acquired, a revised plan cannot be issued. This constrained the petitioners to approach the respondent - National Highway Authority seeking No Objection Certificate for consideration of their request for modification of the layout plan. A similar endorsement has been issued by the National Highway Authority at Annexure-L, which reads as under:
"F PɼÀPÀAqÀAvÉ F ªÀÄÆ®PÀ w½AiÀÄ¥Àr¸ÀĪÀÅzÉ£ÉAzÀgÉÃ, ¢£ÁAPÀ 21.10.2021 ªÀÄvÀÄÛ 21.11.2021gÀ ¤ªÀÄä Cfð C£ÀĸÀj¹ ¢£ÁAPÀ -06.04.2022gÀAzÀÄ PÁ£ÀÆ£ÁvÀäPÀ C©ü¥ÁæAiÀÄPÉÌ ¥ÀjºÁgÀ ¥ÁªÀw ªÀÄvÀÄÛ ¤gÁPÉëÃ¥ÀuÁ ¥ÀvæÀ ¤ÃqÀĪÀ ¸ÀA§AzsÀ zÀqÀzÀPÀ®èºÀ½î UÁæªÄÀ zÀ ¸ÀªÉð£ÀA§gï 129/3gÀ 2478 -4- NC: 2023:KHC:34017 WP No. 16044 of 2022 ZÀ.«Äà «¹ÛÃtðzÀ ¨Á§ÄÛ F PÀbÉÃj¬ÄAzÀ AiÉÆÃd£Á ¤zÉÃð±ÀPÀgÀÄ AiÉÆÃd£Á C£ÀĵÁ×£Á WÀlPÀ gÁªÀÄ£ÀUÀgÀªÀgÀ PÀbÉÃjUÉ ¥ÀvæÀ §gÉAiÀįÁVvÀÄÛ.
¢£ÁAPÀ-24.06.2022gÀAzÀÄ PÁ£ÀÆ£ÁvÀäPÀ C©ü¥ÁæAiÀÄ F PÀbÉÃjUÉ §A¢gÀÄvÀÛzÉ. PÁ£ÀÆ£ÁvÀäPÀ C©ü¥ÁæAiÀÄzÀAvÉ gÁ¶ÖçÃAiÀÄ ºÉzÁÝj PÁ¬ÄzÉ -1956 jÃvÀå ¸ÀPÀëªÀÄ ¥Áæ¢üPÁgÀPÉÌ ªÀÄAeÁgÁzÀ ¥Áè£ï£ÀÄß ¥ÀjµÀÌj¸À®Ä ¤gÁPÉëÃ¥ÀuÁ ¤ÃqÀĪÀ CªÀPÁ±À EgÀĪÀÅ¢®è ªÀÄvÀÄæ AiÀÄxÁ ¹Üw PÁ¥ÁqÀ®Ä CªÀPÁ±À EgÀĪÀÅ¢®è. DzÀÝjAzÀ ¢£ÁAPÀ-20.11.2021gÀ Cfð Request NOC for Revised Layout Plan ¸ÀA§AzsÀ ¤gÁPÉëÃ¥ÀuÁ ¤ÃqÀ®Ä gÀºÀ«gÀÄ¢®è."
4. It is the situation that has constrained the petitioner to be before the Court.
5. Despite giving sufficient opportunity, there is neither representation on behalf of the respondents nor any objection is filed.
6. A perusal of the endorsement at Annexure-K issued by the Town Planning Authority, Mysuru and the endorsement at Annexure-L issued by the National Highway Authority reveal that the same do not stand for any logic or reasoning in accordance with law. Nothing is brought on record to justify the reasons assigned in the said endorsements to the effect that merely because a portion of the land is acquired for public purpose, the land owner is prohibited either to enjoy the remaining land or to seek revised layout plan in that regard. No -5- NC: 2023:KHC:34017 WP No. 16044 of 2022 other reason is assigned in the impugned Annexures-K and L. When a request is made in this behalf, the respondent authorities, who are vested with the statutory duty, are required to give justifiable legally acceptable reasons to decline the request made by the petitioners. That not having been done, the impugned Annexures, in principle, are required to be set aside for want of justifiable reasons.
7. In that view of the matter, Annexures-K and L are set aside. The matter is remitted to the respondent authorities to consider the request made by the petitioners in accordance with law and such consideration should be made within 12 weeks from the date of receipt of certified copy of this Court.
8. With the aforesaid observations and directions, the writ petition is allowed.
Sd/-
JUDGE ND