- 1 - NC: 2025:KHC:5860 WP No. 4579 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 4579 OF 2023 (LA-RES) BETWEEN: SRI. M P SUBRAMANYA S/O LATE PUTTASWAMY, AGED ABOUT 58 YEARS, R/A MANIBAILU, YADADALU VILLAGE, TYAVAN POST, SHRINGERI TALUK, CHIKKAMAGALURU DISTRICT - 577 139. …PETITIONER (BY SRI. HEGDE SHRIPAD GANGADHAR.,ADVOCATE) AND: 1. THE GOVERNMENT OF INDIA MINISTRY OF ROAD TRANSPORT AND HIGHWAYS TRANSPORT BHAVAN, NO.1, PARLIMENT STREET NEW DELHI - 110001 BY ITS SECRETARY. 2. NATIONAL HIGHWAY AUTHORITY OF INDIA 5 AND 6 SECTOR- 10, DWARKA, NEW DELHI - 110075 BY ITS CHAIRMAN, (DELETED AS PER COURT ORDER DATED:10.02.2025) 3. THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY, NH-169, SOLAPUR- MANGALORE SECTION, NATIONAL HIGHWAYS, KR CIRCLE, PWD COMPOUND, BENGALURU - 560 001. Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:5860 WP No. 4579 of 2023 4. THE ASSISTANT EXECUTIVE ENGINEER NATIONAL HIGH WAYS, SRINGERI SUB DIVISION, CHIKKAMAGALURU DISTRICT - 577 139. 5. PROJECT DIRECTOR NHAI, PIU MANGALORE, DORE NO.3-29, BITHAL THARETHOTA, MANGALORE-575002 (DELETED AS PER COURT ORDER DATED:10.02.2025) …RESPONDENTS (BY SRI. S.V. DESAI., CGC FOR R1; SRI. P. PRASAD.,ADVOCATE FOR R3 AND R4; V/O DATED 10.02.2025 R2 AND R5 DELETED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO DETERMINE AND RELEASE THE COMPENSATION AMOUNT IN RESPECT OF ACQUIRED LAND AND BUILDING BY CONSIDERING THE REPRESENTATIONS DATED 14.09.2020 ANNX-F, 7.8.2021 ANNX-M, 04.04.2022 ANNX-P AND 14.01.2022 ANNX-R, TO THE PETITIONER FORTHWITH. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL - 3 - NC: 2025:KHC:5860 WP No. 4579 of 2023 ORAL ORDER Petitioner is before this Court for the second time on the grievance of his land having been acquired and his residential house having been demolished by the respondent-Authority for formation of National Highway, no compensation has been paid. 2. The case of the petitioner is that the award notice purportedly issued under Section 3(G) of the National Highways Act, 1956 (hereinafter referred to as 'the Act') was issued. Thereafter there has been no proceedings of any nature whatsoever as mandatorily required to have been conducted under Section 3(G) of the Act constraining the petitioner to approach this Court on earlier occasion by filing writ petition in W.P.No.23574/2021. The Co-ordinate Bench of this Court by order dated 14.03.2022, taking note of the fact that the petitioner was paid a sum of Rs.15,00,000/- from the contractor and disposed of the petition by directing the respondent-authorities to re-consider the request for determination of compensation as contemplated under Section 3(G) of the Act. Pursuant to which an endorsement dated 22.05.2023 has been issued by the respondent-SLAO stating that the land being claimed by the petitioner falls within the - 4 - NC: 2025:KHC:5860 WP No. 4579 of 2023 Government land. As such, petitioner was not entitled for any compensation to an extent of 0-02¾ guntas of land in Sy.No.103 or the building existing thereon, aggrieved by the same the petitioner is before this Court. 3. Sri. S.G.Hegde, learned counsel for the petitioners drawing attention of this Court to the contents of award notice produced at Annexure-K dated 21.01.2021 submits that in the award notice the respondent-Authority has specifically pointed out the land to an extent of 0-02¾ guntas forming part of Sy.No.103 belonging to the petitioner have been acquired together with the structure existing there on and tentative compensation was determined at Rs.9,50,459/-. He submits that when the respondent-authorities had represented, that they have required the land of the petitioner, they ought to have taken the proceedings to determine the compensation as contemplated 3(G) of the Act to its logical conclusion. He also refers to the agreement which was entered into between the wife of the petitioner and the contractor namely Sri. M.G. Arun Kumar of Mahaganapathi Constructions, in terms of which the petitioner had been paid a sum of Rs.12,00,000/-. He submits that the said sum of Rs.12,00,000/- has been paid on ad-hoc - 5 - NC: 2025:KHC:5860 WP No. 4579 of 2023 basis, at the instance of the contractor and not upon the determination of the compensation payable by the respondent- authorities, in terms Section 3(G) of the Act. He submits that despite a specific direction by this Court the respondent- authorities have not complied with the requirement of Section 3(G) of the Act, in that the petitioner was not given any opportunity of being heard or presenting his case with regard to his entitlement over the land acquired. He submits that the respondent-authorities unilaterally have determined that the land does not belong to petitioner, which is incorrect and contrary to the records. 4. On a repeated query by the Court, learned counsel for the respondent-authorities unable to point out whether the respondent-authorities have complied the statutory requirements as contemplated under Section 3(G) of the Act, 1956. Except stating that the impugned endorsement has been issued, pursuant to the directions issued by the Co- ordinate Bench of this Court by its earlier order dated 14.03.2022 as referred to above. Clearly, there has been no compliance of any nature whatsoever of the provisions of Section 3(G) of the Act. - 6 - NC: 2025:KHC:5860 WP No. 4579 of 2023 5. Section 3(G) of the Act reads as under: ''3G. Determination of amount payable as compensation.— (1) Where any land is acquired under this Act, there shall be paid an amount which shall be determined by an order of the competent authority. (2) Where the right of user or any right in the nature of an easement on, any land is acquired under this Act, there shall be paid an amount to the owner and any other person whose right of enjoyment in that land has been affected in any manner whatsoever by reason of such acquisition an amount calculated at ten per cent. of the amount determined under sub-section (1), for that land. (3) Before proceeding to determine the amount under sub-section (1) or sub-section (2), the competent authority shall give a public notice published in two local newspapers, one of which will be in a vernacular language inviting claims from all persons interested in the land to be acquired. (4) Such notice shall state the particulars of the land and shall require all persons interested in such land to appear in person or by an agent or by a legal practitioner referred to in sub-section (2) of section 3C, before the competent authority, at a time and place and to state the nature of their respective interest in such land. (5) If the amount determined by the competent authority under sub-section (1) or sub-section (2) is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government. (6) Subject to the provisions of this Act, the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply to every arbitration under this Act. (7) The competent authority or the arbitrator while determining the amount under sub-section (1) or sub-section (5), as the case may be, shall take into consideration— - 7 - NC: 2025:KHC:5860 WP No. 4579 of 2023 (a)the market value of the land on the date of publication of the notification under section 3A; (b) the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the severing of such land from other land; (c) the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the acquisition injuriously affecting his other immovable property in any manner, or his earnings; (d) if, in consequences of the acquisition of the land, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change.'' 6. Operative portion of impugned endorsement produced at Annexure-S reads as under: ಆೇಶ ಆೇಶ ಆೇಶ ಆೇಶ, "ಸ ರುವ ವರಗಳನು ಪೕ ಸಾತು. ಸಾಯಕ ಾಯ ಾಲಕ ಅ#ಯಂತರರು %ಾ&'ೕಯ ೆಾ( ಉಪ*+ಾಗ ಶೃಂ-ೇ ರವರು .ೕ ಎಂ.0 ಸುಬ.ಹ3ಣ5 ಇವ-ೆ ಮಂಜೂ:ಾದ ಜ<ೕನು ರ=ೆ> ?@ಾಣೆA ಭೂ=ಾCDೕನEಾFರುವGಲ . ಾಗೂ ಕಟIಡವG %ಾ&'ೕಯ ೆಾ( ಗK ಪ<Lಯ ಬರುL>ದು(, ಸದ ಅLಕ.ಮಣ ಕಟIಡವನು ಖುಲ -ೊNರುವGಾF LNರುOಾ>%ೆ, ಮತು> @ಾನ*ೕಯ ದೃ&Iಂದ ಈ-ಾಗೇ ರ=ೆ> ಾಮ-ಾ ಗುL>-ೆಾರ%ಾದ ಎಂ.Q.ಅರುR ಕು@ಾS M/s ಮಾಗಣಪL ಕನTಟ.UV, ರ ಇವಂದ ರೂ 12,00,000/- ಗಳ ಸಾಯಧನವನು ಪXೆರುOಾ>%ೆ ಎಂದು LNರುOಾ>%ೆ. ಾಗೂ ತಹೕಾ(S ಶೃಂ-ೇ ಾಗೂ ಭೂಾಖೆಗಳ ಸಾಯಕ ?ೇಶಕರು ಶೃಂ-ೇ ರವರು ಭೂ=ಾCDೕನ ನYೆಯಂOೆ ಸ.ನಂ 103 ರ ಮZೆದು(, ಸದ ಮZೆಯು ಸಾ ನಂಬನ ದು(, ಎಂ.0 ಸುಬ.ಹ3ಣ5 ರವ-ೆ ಮಂಜೂ%ಾFರುವ ಪ.ೇಶದ ಬರುವGಲ . ಾಗೂ ಎಂ0 ಸುಬ.ಹ3ಣ5 [V ಪGಟI=ಾC< ರವ-ೆ ಮಂಜೂ:ಾFರುವ %ೆ*ನೂ ನYೆಯಂOೆ ಾ ಭೂ=ಾCDೕನ-ೊಂKರುವ 0-02 ¾ ಗುಂ\ೆ ಪ.ೇಶದ Eಾ50>ಂದ ೊರ-ೆ - 8 - NC: 2025:KHC:5860 WP No. 4579 of 2023 ಬರುತ>ೆ ಎಂದು ಜಂ] ಸ^ಳ ತ?_ೆ ವರ ?ೕKರುOಾ>%ೆ. ಈ ವರಗಳನು ಆಧ ಶೃಂ-ೇ Oಾ, ಯಡಾಳ` -ಾ.ಮದ ಸ.ನಂ 103 ರ ಭೂ=ಾCDೕನೊAಳಪಟI 0-02 ¾ ಗುಂ\ೆ ಜ<ೕನು ಾಗೂ ಕಟIಡೆA :ಾವGೇ ಪಾರ ?ೕಡಲು ಾನೂನು ಅKಯ ರಾ ಇರುವGಲ ಎಂಬ ಅಂಶವನು LNಯಪKೆ". 7. Perusal of the impugned endorsement further indicate that no enquiry seem to have been conducted by the respondent- authorities. Sub-section 3 of Section 3(G) of the Act mandates issuance of the public notice to be published in two local newspapers, one of which shall be in vernacular language, inviting claims from all persons interested in the land to be acquired there is no compliance to this provision. Sub- section 4 of Section 3(G) of the Act, further mandates that upon issuance of such notice the interested persons are required to appear in-person or by an agent or by an legal practitioners as referred to under sub-section 2 of Section 3(G) before the Competent Authority, at the time and place and to state the nature of their respective interest in such land. Thus the said provisions presupposes a personal hearing to be given to the claimants as that of the petitioner, either personally or duly represented by their agents as contemplated thereunder. Impugned endorsement does not indicate any such mandatory - 9 - NC: 2025:KHC:5860 WP No. 4579 of 2023 procedure having been followed by the respondent-SLAO. This is in the teeth of specific directions issued by the Court, in its order referred to above in the W.P.No.23574/2021. It maybe that if the respondent-authorities had complied with the provisions of Section 3(G) of the Act and passed the award and if the petitioner was aggrieved thereby, he was required to have explored the remedy under sub-section 5 of Section 3(G) of the Act. Which is not the case at hand. For the simple reasons of non compliance of the statutory obligation contemplated under Section 3(G) and non-compliance of the specific directions given by this Court in that regard, clearly there is dereliction of duty on the part of respondent-SLAO. 8. Accordingly the following: ORDER (i). Petition is allowed. (ii). Impugned endorsement dated 22.05.2023 produced at Annexure-S is hereby quashed. (iii). The matter is remitted to the respondent- SLAO to reconsider and re-determine the case of the petitioner strictly adhering to the - 10 - NC: 2025:KHC:5860 WP No. 4579 of 2023 provisions and procedure contemplated under Section 3(G) of the Act by providing an opportunity of personal hearing and pass appropriate orders within an outer limit of three months from the date of receipt of certified copy of this order. (iv). Since the petitioner is constrained to approach this Court solely on account of non- compliance of statutory requirement and the specific order/direction given by this Court, respondent No.3-SLAO, any further delay in complying with this order, shall invite Rs.5,000/- cost per day till passing of the order, personally payable by the respondent No.3-SLAO. SD/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 18