- 1 - NC: 2025:KHC:16758-DB WP No. 5319 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE K. V. ARAVIND WRIT PETITION NO. 5319 OF 2024 (GM-RES) BETWEEN: 1. SRI GURUPRASAD S/O. GOPAL DEVADIGA AGE 26 YEARS, OCC: AGRICULTURIST R/O 2-200 SHABARISHA NILAYA KOLLURU KUNDAPUR TALUKA UDUPI DISTRICT - 576 220 …PETITIONER (BY SRI DALWAI VENKATESH, ADVOCATE) AND: 1. MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NEW DELHI REPRESENTED BY THE STATUTORY AUTHORITY (ASSISTANT COMMISSIONER) SPECIAL LAND ACQUISITION OFFICER KUNDAPUR - 576 201 Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - NC: 2025:KHC:16758-DB WP No. 5319 of 2024 2. NATIONAL HIGHWAYS AUTHORITY OF INDIA REPRESENTED BY AUTHORIZED OFFICER …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R1 AND SMT. SHILPA SHAH, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED NOTIFICATION DATED 10.10.2023 ISSUED BY THE RESPONDENT HEREIN IN NO.S.O 4425(E) PRODUCED AT ANNEXURE-D (IN SO FAR AS IT RELATES TO LAND AROUND SY.NO.12 OF KOLLURU MOOKAMBIKA TEMPLE, KOLLURU, UDUPI DISTRICT) IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:16758-DB WP No. 5319 of 2024 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned advocate Mr. Dalwai Venkatesh for the petitioner, learned Additional Government Advocate Smt. Niloufer Akbar for respondent No.1 and learned advocate Smt. Shilpa Shah for respondent No.2. 2. The present petition is filed by the petitioner, who is the resident of Kolluru Village, pleads to be the devotee of Sri Mookambika Temple located at Baindur Taluka in Udupi District. 3. The grievance of the petitioner is about laying of road for the purpose of widening the National Highway which would include the road running parallel to the back side of the temple. It is the case that the temple is believed to be 1200 years old with unflinching faith attached to its goddess Sri Mookambika. It is stated that the deity was installed by none other than, Sri Adishankaracharya. - 4 - NC: 2025:KHC:16758-DB WP No. 5319 of 2024 3.1 It is further stated that the said Kolluru Village where the temple is situated is one of the seven pilgrimages set by Sri Parashurama and that the Kolluru Village is very famous and called as 'Temple Village', where in this temple, goddess Sri Mookambika is worshipped in the form of Jyotir-Linga incorporating both Lord Shiva and Shakthi. The said Jyotirling is a Swayambhu (self- incarnation) with a golden line cutting into half, its left half represents Tridevis (three goddess) and its right half represents Trimurtis. 3.2 It is stated that National Highway No.66 passing thereat is 1640 Kms. long busy highway running from North-South along with western coast of India parallel to the Western Ghats connecting Mumbai to Kanyakumari, passing through the States of Maharashtra, Goa, Karnataka, Kerala and Tamil Nadu. It is stated that the respondent-authorities have proceeded to acquire the land adjoining the temple side for the purpose of widening of National Highway. 3.3 It is stated that provisions of the National Highways Act, 1956, are invoked and the land is sought to be acquired where the road will be laid. It is submitted that while invoking the provisions of - 5 - NC: 2025:KHC:16758-DB WP No. 5319 of 2024 the Act of 1956 to acquire the land, historical and religious significance of the said temple has been overlooked and disregarded. It is the case that more than 15,000 heavy vehicles per day pass through the highway adjacent to this ancient temple. It is stated that various festivals such as Rathothsav, which is the procession of chariot and Jaathra Uthsavs, which is community festival as well as religious services are organized and if the land of the temple is taken away, all these activities will be required to be closed down. 3.4 It is averred that part of the land which is sought to be acquired is known as chariot street and if this street is converted into two lane road, it becomes impediment for the movement of chariots which take the deity in procession. There will be serious threat to this religious activities and the religious rights of the devotees will be curtailed. Not only that, it was further submitted that heavy traffic which would result in expansion of highway would cause damage to the structural integrity and sacred essence of the temple and its deity. 3.5 The temple is an ancient monument, it is averred, under the Ancient Monuments and Archaeological Sites and Remains Act, - 6 - NC: 2025:KHC:16758-DB WP No. 5319 of 2024 1958. It is urged that the temple of such significance and heritage importance, in addition to its religious significance have to be protected wholly and the proposal to acquire the land to widen the highway should be withdrawn and should not be acted upon. 3.6 With the above pleadings, the prayer is made by the petitioner to set aside the notification dated 10.10.2023 issued by the respondent. It is a notification issued by the Ministry of Road, Transport and Highways, New Delhi, seeking to acquire the land in question which starts from Survey No.121 upto Survey No.55/2, comprising of 42 survey numbers of Kolluru Village, Baindur Taluka which land includes the land adjacent to Mookambika Temple and the Chariot Street thereof. The notification is issued for the purpose of widening and formation of two lane National Highway. 3.7 Figures on record, objections dated 26.10.2023 filed by the villagers of the Kolluru and as well as the devotees of Kolluru Temple. The petitioner has produced a map and photographs seeking to demonstrate that, if the land adjoining to the temple is acquired, it will have serious ramifications as above. - 7 - NC: 2025:KHC:16758-DB WP No. 5319 of 2024 4. During the pendency of the petition, learned Additional Government Advocate has filed the memo dated 03.06.2024/29.01.2025 along with produced is the order dated 08.01.2024 passed under Section 3C(2) of the National Highways Act, 1956 by the competent authority-National Highway 766 C and Special Land Acquisition Officer and Assistant Commissioner, Kundapura Sub-Division, Kundapura. 5. The aforesaid copy of the order indicates that the petitioner has raised objections and the objections were considered and thereafter only, the order dated 08.01.2024 is passed regarding widening of the road including the road which runs parallel to rear wall of Mookambika temple in question. 5.1 When the petitioner has raised objections and the same has undergone the process of consideration by the competent authority and that the objections are not found acceptable as per the order dated 08.01.2024, the court would desists from exercising the public interest jurisdiction as the petitioner has availed his right to submit his objections and the same have been considered. - 8 - NC: 2025:KHC:16758-DB WP No. 5319 of 2024 6. However, while implementing the acquisition process and carrying out the work to widen the road adjacent to the Mookambika Temple, Kolluru Village, which is called the Chariot Street, the authorities shall ensure that minimal damage is done to the temple property and the structure and precincts of the temple are saved to the extent maximum possible. 7. In the facts of the case, the present petition is not entertained and it is disposed of qualified by above limited observations. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE KPS List No.: 1 Sl No.: 1