- 1 - NC: 2025:KHC:14750 WP No. 1 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 1 OF 2025 (LA-RES) BETWEEN: SMT. RUDRANAMMA W/O LATE RAVIKUMAR, AGED ABOUT 51 YEARS, R/AT NO 354, BILLANAKOTEA VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT - 562111 …PETITIONER (BY SRI. SOMASHEKHARAIAH R P., ADVOCATE) AND: 1. NATIONAL HIGHWAYS AUTHORITY OF INDIA (MINISTRY OF ROAD TRANSPORT OF HIGHWAYS), G-5 AND 6, SECTOR - 10, DWARAKA, NEW DELHI - 110075 REP. BY ITS PRESIDING OFFICER 2. SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY NATIONAL HIGHWAYS AUTHORITY OF INDIA, NO 678, NEERUBHAVI KEMPANNA LAYOUT, HEBBAL, BENGALURU - 560024 3. SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14750 WP No. 1 of 2025 NATIONAL HIGHWAYS AUTHORITY OF INDIA, NELAMANGALA TUMAKURU HIGHWAY NATIONAL HIGHWAY NO 48, KUNIGAL, TUMAKURU DISTRICT PIN - 572130 …RESPONDENTS (BY SRI. ANIRUDH A KULKARNI., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DTD 24.12.2024 IN NO. L.A.Q/RAA.HE.48(RAA.HE-4)-CA/CR/01/2024-25/405, DTD 24.12.2024, ISSUED BY THE R-2 UNDER ANNX-G AND DIRECT TO THE RESPONDENTS TO TAKE NECESSARY STEPS TO ACQUIRED THE PROPERTY FOR THE PURPOSE OF EXTENSION OF NATIONAL HIGH WAY-48 AFTER LEAVING 5 FEET FROM THE HOTEL BUILDING AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The petitioner who has put up a building in a site formed in Sy.No.21/2A1 situated at Chandanvasahalli Village, Sompura Hobli, Nelamangala Taluk, Bangalore Rural District, is aggrieved of the fact that the 3rd respondent - Special Land Acquisition Officer, National Highways Authority of India has issued the impugned endorsement at Annexure-G dated 24.12.2024 declining to - 3 - NC: 2025:KHC:14750 WP No. 1 of 2025 grant compensation to the building put up by the petitioner. 2. It is not disputed that a notification under Section 3A of the National Highways Act, 1956 was issued on 29.04.2014 for acquisition of lands for expansion of the National Highway-48, including Sy.No.21/2A1 of Chandana Hosahalli. The notification was issued expressing the intention of the Government of India to acquire the land for the purpose of widening the National Highway to six lanes and providing for maintenance, management and operation of the National Highway in the stretch of the road from kilometer 29.50 to kilometer 75.00. The persons interested were required to file their objections within 21 days from the date of publication of the notification in the Official Gazette. A notification under Section 3D of the Act, was issued on 20.04.2015 declaring that the land specified in the schedule of the notification stood vested with the Government of India, free from all encumbrance. Insofar as the land in question is - 4 - NC: 2025:KHC:14750 WP No. 1 of 2025 concerned, i.e., Sy.No.21/2A1 of Chandana Hosahalli Village in terms of Section 3G of the Act, compensation was determined in respect of 960 sq.mtrs., of land. 3. However, it is the contention of the petitioner that earlier the petitioner had filed a writ petition in W.P.No.22391/2023 challenging a notice dated 08.08.2023 issued by the Special Land Acquisition Officer. However, during the course of the proceedings, it was submitted on behalf of the respondent authorities that Sy.No.21/1A1 shown in the impugned notice dated 08.08.2023 the survey number was wrongly mentioned, instead of Sy.No.21/2A1 of Chandana Hosahalli Village. In that view of the matter, the writ petition was disposed of permitting the respondent authorities to issue a fresh notice mentioning the correct survey number and at the same time, the petitioner was also permitted to file a reply to the revised notice issued on 04.12.2023. The authorities were directed to consider the representation within an outer limit of four weeks from the date of receipt - 5 - NC: 2025:KHC:14750 WP No. 1 of 2025 of the reply that would be made by the petitioner. Consequently, the impugned notice has been issued. 4. During the course of these proceedings, learned counsel for the petitioner strenuously contend that even as per the sketch prepared by the respondent authorities, only a small portion of the corner of the building is shown to occupy the proposed utility portion and therefore it was submitted that the respondent should be directed to ensure that the building is not damaged. This Court, by order dated 24.03.2025 directed the Executive Engineer of the Public Works Department to hold an inspection of the property in the presence of the petitioner as well as the officers of the National Highway Authority, prepare a sketch showing where the property in question lies on the proposed expansion of the National Highway. Accordingly, learned Additional Government Advocate has today furnished a report of the Assistant Executive Engineer of the Public Works Department. In terms of the sketch prepared by the Assistant Executive Engineer, the South - 6 - NC: 2025:KHC:14750 WP No. 1 of 2025 East Corner of the building is occupying the proposed utility portion and drain portion of the proposed expantion. However, learned counsel for the respondent has drawn the attention of this Court to Annexure-R6 filed along with the statement of objections while contending that a major portion of the building is occupying the service road, drain portion and the utility. Unfortunately, in the sketch prepared by the Assistant Executive Engineer, he has left out the service road. 5. Learned counsel for the respondent would also submit that the petitioner has put up the construction, admittedly after obtaining the building licence on 25.11.2015. Copy of Annexure-J filed along with the objections to I.A., filed at the hands of the petitioner has been pointed out by the learned counsel for the respondent. Learned counsel for the respondent would therefore contend that the five storied building construction which commenced probably during December 2015 or January 2016 would have taken atleast one year - 7 - NC: 2025:KHC:14750 WP No. 1 of 2025 for construction. The learned counsel would therefore submit that it is clear from the documents submitted by the petitioner that the petitioner has deliberately put up the construction after the issuance of the preliminary notification and final notification. Therefore, the petitioner will not be entitled for compensation in respect of the construction. 6. Having heard the learned counsel for the petitioner and the learned counsel for the respondent including the learned Additional Government Advocate, this Court is of the considered opinion that the petitioner will have to work out the remedy only in accordance with law. It is for the petitioner to place before the Special Land Acquisition Officer or the Reference Court all the relevant information regarding the construction and seek compensation for the constructed portion of the building. The Special Land Acquisition Officer has already deposited the compensation amount before the Reference Court in L.A.C. Misc.No.131/2024. Learned counsel for the - 8 - NC: 2025:KHC:14750 WP No. 1 of 2025 petitioner has requested this Court to enable the petitioner to undertake the work of demolition to ensure that only that much portion of the building and land which is notified for acquisition will be demolished and made available for the respondent to proceed with the expansion of the road. 7. Consequently, the writ petition stands disposed of while granting three weeks' time to the petitioner to undertake the work of demolition of the building. The petitioner is also at liberty to seek reference of the award passed by the Special Land Acquisition Officer for the purpose of seeking compensation in respect of the constructed portion, which is now directed to be demolished. 8. At any rate, the petitioner shall ensure that the building is demolished and vacant possession of the same is handed over to the respondent within a period of three weeks from today. - 9 - NC: 2025:KHC:14750 WP No. 1 of 2025 9. If the petitioner fails to do so, the respondents are at liberty to proceed in accordance with law. Ordered accordingly. Sd/- (R DEVDAS) JUDGE KLY CT: JL