- 1 - HC-KAR NC: 2025:KHC-K:3342 WP No. 200930 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.200930 OF 2025 (LA-RES) BETWEEN: 1. ABDUL REHMAN S/O ABDUL AZIZ, AGED ABOUT 28 YEARS, OCC: PRIVATE SERVICE, R/O H.NO.E-5-3665/2, RING ROAD, HAGARGA ROAD, NEAR MILAN FUNCTION HALL, RAHMAN COLONY, TQ. & DIST. KALABURAGI-585 104. 2. TANSEEM BEGUM W/O ABDUL AZIZ, AGED ABOUT 55 YEARS, OCC: HOUSEHOLD, R/O H.NO.E-5-3665/2, RING ROAD, HAGARGA ROAD, NEAR MILAN FUNCTION HALL, RAHMAN COLONY, TQ. & DIST. KALABURAGI-585 104. 3. NEHA FATIMA D/O ABDUL AZIZ, AGED ABOUT 25 YEARS, OCC: HOUSEHOLD, R/O H.NO.E-5-3665/2, RING ROAD, HAGARGA ROAD, NEAR MILAN FUNCTION HALL, RAHMAN COLONY, TQ. & DIST. KALABURAGI-585 104. 4. MD UZMAN S/O ABDUL AZIZ, AGED ABOUT 23 YEARS, OCC: HOUSEHOLD, Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3342 WP No. 200930 of 2025 R/O H.NO.E-5-3665/2, RING ROAD, HAGARGA ROAD, NEAR MILAN FUNCTION HALL, RAHMAN COLONY, TQ. & DIST. KALABURAGI-585 104. 5. MADIAH SULTANA D/O ABDUL AZIZ, AGED ABOUT 25 YEARS, OCC: HOUSEHOLD, R/O H.NO.E-5-3665/2, RING ROAD, HAGARGA ROAD, NEAR MILAN FUNCTION HALL, RAHMAN COLONY, TQ. & DIST. KALABURAGI-585 104. …PETITIONERS (BY SRI. GANESH SUBHASHCHANDRA KALBURGI, ADVOCATE) AND: 1. THE UNION OF INDIA, REPRESENTED BY PRINCIPAL SECRETARY, MINISTRY OF ROAD TRANSPORT & HIGHWAYS, TRANSPORT BHAVAN 1, PARLIAMENT STREET, NEW DELHI-110 001. 2. NATIONAL HIGHWAY AUTHORITY OF INDIA, REPRESENTED BY ITS CHAIRMAN, G 5 & 6, SECTOR-10, DWARKA, NEW DELHI-110 075. 3. REGIONAL OFFICER, BENGALURU, NATIONAL HIGHWAY AUTHORITY OF INDIA, BENGALURU, BENGALURU-TUMKUR ROAD (NH-4), M.S. RAMAIAH ENCLAVE, BESIDE NAGASANDRA METRO STATION, BENGALURU-560 073. 4. PROJECT DIRECTOR, PIU, KALABURAGI, NATIONAL HIGHWAY AUTHORITY OF INDIA, - 3 - HC-KAR NC: 2025:KHC-K:3342 WP No. 200930 of 2025 PIU, KALABURAGI, PLOT NO.65, KOTHARI LAYOUT, VENKATESH NAGAR, KALABURAGI-585 102. 5. SPECIAL LAND ACQUISITION OFFICER, KALABURAGI, NATIONAL HIGHWAY AUTHORITY OF INDIA, KALABURAGI, PLOT NO.65, KOTHARI LAYOUT, VENKATESH NAGAR, KALABURAGI-585 102. …RESPONDENTS (BY SRI. SUDHIRSINGH R. VIJAPUR, DSGI FOR R1; SRI. SANTOSH KUMAR MARADI & SRI. PADMANABHA HOLLA S., ADVS. FOR R2 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE APPROPRIATE WRIT MORE SO IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT AND GRANT FOLLOWING RELEIFS: I. ISSUE DIRECTION TO RESPONDENT NO.3 TO 5 TO DISBURSE THE COMPENSATION AMOUNT TO THE PETITIONERS, WITH INTEREST AT 18% PER ANNUM FROM THE DATE OF AWARD TO TILL REALIZATION OF THE AMOUNT. II. ISSUE ANY OTHER WRIT, DIRECTION OR ORDER AS IT DEEMS FIT TO THIS HON’BLE COURT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-K:3342 WP No. 200930 of 2025 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) Admittedly, the land of the petitioners has been acquired for the purpose of National Highway and Section 3D notification has been issued under the National Highways Act, 1956. The effect of issuing said notification as per Section 3D (2) is that, the land vests absolutely in the Central Government free from all encumbrances. Thereafter, award is also said to have been passed in respect of the said land. However, unfortunately, on the ground that the National Highway Authorities may not require the land, compensation has not been paid to the petitioners. The land even as on today vest with the Central Government. This has led to the petitioner filing the present writ petition with the following prayers: “Issue appropriate Writ more so in the nature of Mandamus or any other writ and grant following releifs: - 5 - HC-KAR NC: 2025:KHC-K:3342 WP No. 200930 of 2025 i. Issue Direction to respondent No.3 to 5 to disburse the compensation amount to the petitioners, with interest at 18% per annum from the date of award to till realization of the amount. ii. Issue any other writ, direction or order as it deems fit to this Hon’ble Court under the facts and circumstances of the case.” 2. Admittedly, the land of the petitioners having been acquired by the authorities concerned, irrespective of whether they put it to use or not, once the petitioners being deprived of the usufructs of the land, the acquiring authority is bound to pay compensation to the petitioners. 3. Hence, the writ petition is hereby allowed and the following order is passed: Respondent Nos.3 to 5 are directed to disburse the compensation in favour of the petitioners after due verification of their ownership of the land concerned along with all applicable interest and other benefits within a - 6 - HC-KAR NC: 2025:KHC-K:3342 WP No. 200930 of 2025 period of three months from the date of receipt of certified copy of this order. Sd/- (M.I.ARUN) JUDGE LG List No.: 1 Sl No.: 20