- 1 - NC: 2025:KHC:16549 WP No. 7315 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 7315 OF 2025 (LA-RES) BETWEEN: SMT.K.SUMATHI SHENOY W/O. LATE. K.SURENDRA SHENOY AGED ABOUT 68 YEARS, R/AT 221/3, LAILA VILLAGE, P.O. UJIRE-574240 BELTHANGADY TALUK (DK) …PETITIONER (BY SRI. M SUDHAKAR PAI., ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER COMPETENT AUTHORITY, NATIONAL HIGHWAY 73 AND 275, VITTAL ARCADE, KATTARA CHOWKI, ASHOK NAGAR, MANGALURU-575006 (DK) 2. K.JAYALAKSHMI R.SHENOY W/O.LATE. K.RAGHUNANDAN SHENOY AGED ABOUT 69 YEARS, R/AT. NANDAGOKUL, NEAR JAYARAMA RICE MILL, HALEPET, P.O.UJIRE-574240 BELTHANGADY TALUK (DK) …RESPONDENTS (BY SRI. P. PRASAD., ADVOCATE FOR R1 R2 SERVED – UNREPRESENTED SMT. SUMATHI. S., CGC FOR R3) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16549 WP No. 7315 of 2025 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY, NATIONAL HIGHWAY 73 AND 275, MANGALURU (D.K) TO WITHHOLD COMPENSATION AMOUNT PAYABLE IN RESPECT OF SY NO. 110/9 OF LAILA VILLAGE, BELTHANGADY TALUK, (D.K) AND REFER THE DISPUTE TO THE DECISION OF PRL COURT OF ORIGINAL JURISDICTION PURSUANT TO LEGAL NOTICE DTD 03.03.2025 VIDE ANNX-E 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 is seeking a direction to the 1st respondent - Special Land Acquisition Officer and Competent Authority to refer the matter for apportionment of the compensation to the civil court pursuant to the legal notice dated 03.03.2025 issued by the petitioner at Annexure - E. 2. Learned counsel for the petitioner submits that in terms of sub-section(4) of Section 3H of the National - 3 - NC: 2025:KHC:16549 WP No. 7315 of 2025 Highways Act, 1956, if any dispute arises as to the apportionment of the amount or any part thereof, the Competent Authority shall refer the dispute to the decision of the civil court and therefore, the petitioner is seeking such a direction to the 1st respondent – Special Land Acquisition Officer. 3. The petitioner has also impleaded respondent No.2 – Smt. K.Jayalakshmi R.Shenoy, W/o late K. Raghunandan Shenoy, who is probably staking a claim to the compensation amount. 4. Learned counsel for the respondent - NHAI submits on instructions that the compensation amount determined by the 1st respondent will be deposited before the Reference Court. 5. Having regard to the facts narrated hereinabove, this Court is of the considered opinion that the 1st respondent is required to refer the matter to the - 4 - NC: 2025:KHC:16549 WP No. 7315 of 2025 competent civil court in terms of sub-section(4) of Section 3H of the Act. 6. Accordingly, the writ petition stands disposed of with a direction to the 1st respondent to refer the matter to the Competent Court in terms of sub-section(4) of Section 3H of the National Highways Act for apportionment of the compensation amount determined by the 1st respondent, as expeditiously as possible and at any rate within a period of six weeks from the date of receipt of a copy of this order. Ordered accordingly. Sd/- (R DEVDAS) JUDGE KLY CT: JL