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2025 DAILYLAW 25271 (KAR)

SRI CHOKKALINGAM VALLIAPPA v. THE ARBITRATOR AND

WP/16087/2025 · 2025-07-01

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:23397 WP No. 16087 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 16087 OF 2025 (LA-RES) BETWEEN: 1. SRI. CHOKKALINGAM VALLIAPPA, S/O C. VALLIYAPPA, AGED ABOUT 75 YEARS, R/AT NO.434, 3RD CROSS, 13TH MAIN, III BLOCK, KORAMANGALA, BANGALORE-560034. …PETITIONER (BY SRI. RASHMI K.,ADVOCATE) AND: 1. THE ARBITRATOR AND DEPUTY COMMISSIONER, RAMANAGARA DISTRICT, RAMANAGARA-572159. 2. THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY, NH-275 (NHAI) BANGALORE-MYSURU SECTION, KANDAYA BHAVAN, RAMANAGARA-562159. 3. NATIONAL HIGHWAYS AUTHORITY OF INDIA, REPRESENTED BY ITS PROJECT DIRECTOR [STATE], RAMANAGARA, NEAR BASAVANAPURA (RAMADEVARAPADA) RAMANAGARA, RAMANAGARA DISTRICT-562159 …RESPONDENTS (BY SRI.SPOORTHY HEGDE N., HCGP FOR R1) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:23397 WP No. 16087 of 2025 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 56/2021-22 DATED 20.04.2021 FILED BY THE PETITIONER AT (ANNXURE-E), ORDER SHEET OF THE SAME IS PRODUCED AS ANNEXURE-F, EXPEDITIOUSLY, TO MEET THE ENDS OF JUSTICE AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Smt.Rashmi K., learned counsel appearing for the petitioner, Sri.Spoorthy Hegde N., learned HCGP appearing for respondent No.1 and have perused the material on record. 2. The order passed in W.P.No.14812/2025 reads as follows: "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. - 3 - HC-KAR NC: 2025:KHC:23397 WP No. 16087 of 2025 (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 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." 3. Learned counsel for the petitioner submits that the issue in the lis is identical to the one decided by this Court in W.P.No.14812/2025 disposed on 17.06.2025. Learned counsel further submits the observation that the Deputy Commissioner would pass detailed order concerning the issue, has been inadvertently omitted in the said order. 4. Therefore, Deputy Commissioner shall pass necessary orders, in accordance with law, after considering all - 4 - HC-KAR NC: 2025:KHC:23397 WP No. 16087 of 2025 the contentions raised by the petitioner in the application, within three weeks from the date of receipt of copy of the order. Ordered accordingly and Writ Petition is allowed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 9