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2025 DAILYLAW 25259 (KAR)

SRI.R DHARMASENA v. THE ARBITRATOR AND

WP/14812/2025 · 2025-06-17

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:20715 WP No. 14812 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 14812 OF 2025 (LA-RES) BETWEEN: SRI R.DHARMASENA S/O LATE N.RACHAIAH AGED ABOUT 65 YEARS R/AT “GOPALAPURA WARD NO.2” T.NARASIPURA TALUK MYSORE DISTRICT – 571 124. …PETITIONER (BY SMT. RASHMI K., ADVOCATE) AND: 1. THE ARBITRATOR AND DEPUTY COMMISSIONER RAMANAGARA DISTRICT RAMANAGARA - 572 159. 2. THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY NH-275 (NHAI) BANGALORE - MYSURU SECTION KANDAYA BHAVAN, RAMANAGARA – 562 159. 3. NATIONAL HIGHWAYS AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT RAMANAGARA, NEAR BASAVANAPURA (RAMADEVARAPADA) RAMANAGARA RAMANAGARA DISTRICT – 562 159. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20715 WP No. 14812 of 2025 REPRESENTED BY PROJECT DIRECTOR. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO DECIDE THE APPLICATION BEARING NO. CR.NO. LAQ/ARB/NH-275/CR 53/2021-22 DTD. 23.06.2021 FILED BY THE PETITIONER ORDER SHEET OF WHICH IS PRODUCED AS ANNX-E EXPEDITIOUSLY TO MEET THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayer: “a) Issue writ of mandamus or any other appropriate writ or direction, directing the respondent No.1 to decide the application bearing No. CR.No.LAQ/ARB/NH- 275/CR 53/2021-22 dated 23.06.2021 filed by the petitioner, order sheet of which is produced as Annexure – E expeditiously, to meet the ends of justice. (b) Pass any other appropriate order or orders as this Hon’ble Court deems fit to pass in the interest of justice, including the costs of the litigation.” 2. The land of the petitioner became the subject mater of acquisition in terms of a final notification dated 23.09.2016. The award was passed on 01.02.2017 and the petitioner being - 3 - HC-KAR NC: 2025:KHC:20715 WP No. 14812 of 2025 dissatisfied with the compensation awarded, filed an application / petition under Section 3G(5) of the National Highways Act, 1956, seeking enhancement of compensation. The said application is filed on 23.06.2021 and we are in the year 2025. For the last four years, the Deputy Commissioner has kept the application of the land loser seeking enhancement of compensation pending, without passing any orders. The act of the Deputy Commissioner is appalling as to how the application is kept pending for four years. Therefore, the Deputy Commissioner shall pass necessary orders, after hearing the petitioner, in accordance with law, within two weeks from the date of receipt of a copy of the order, if not already passed. 3. Accordingly, the writ petition stands allowed. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 19 CT:SS