- 1 - NC: 2025:KHC:17224-DB WA No. 1362 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT APPEAL No. 1362 OF 2024 (LA-RES) BETWEEN: 1. SRI REDDAPPA, S/O LATE BACHHIREDDY, AGED ABOUT 66 YEARS, HAROBANDE, CHIKKABALLAPURA TALUK AND DISTRICT-562101. …APPELLANT (BY SRI RAGHAVENDRA K., ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER, NATIONAL HIGHWAYS AUTHORITY, No.678/3, NEERUBAVI KEMPANNA LAYOUT, HEBBALA, BANGALORE-560024. 2. THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, DR.B.R. AMBEDKAR VEEDI, BANGALORE-01. …RESPONDENTS (BY SMT. SHILPA SHAH, ADVOCATE FOR C/R1; SRI NAVEEN CHANDRASHEKAR, AGA FOR R2) Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17224-DB WA No. 1362 of 2024 THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE DATED 27/06/2024 IN WP No.38442/2016 ON THE FILE OF THIS HON'BLE COURT AND ALLOW THE SAME. THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: 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. K. Raghavendra for the appellant, learned advocate Smt. Shilpa Shah for caveator/respondent No.1 and learned Additional Government Advocate Mr. Naveen Chandrashekar for respondent No.2. 2. The challenge in this appeal is directed against the judgment and order dated 27.06.2024 passed in common, insofar it concerns the Writ Petition No.38442 of 2016, whereby the petition came to be dismissed. - 3 - NC: 2025:KHC:17224-DB WA No. 1362 of 2024 3. The challenge in the main writ petition by the appellant-petitioner was to the Notification dated 14.08.2006 issued by the respondent-authority under Section 3 of the National Highways Act, 1956 whereby the land of the petitioner was sought to be acquired. The land was Survey No.18 admeasuring 405 Sq. Mtrs. that is, 4 Guntas situated at Harobande Village, Chikkaballapura Taluka. 4. The contention sought to be raised by the appellant-petitioner before learned Single Judge and reiterated before this court were inter alia that earlier piece of land which was earmarked for acquisition was dropped subsequently. The land was kept unused and there is non-utilization for the purpose for which it is sought to be acquired. It was one of the contentions that the land was used for petrol pump. 5. The court is afraid that the aforesaid could be a ground to challenge the acquisition in absence of any legal infirmity shown in the process of acquisition. As far as the ground that the land was utilized for petrol pump, Section 16 of the National Highways Act, 1956 contemplates that petrol pump is one of the public purposes for which the land could be acquired. - 4 - NC: 2025:KHC:17224-DB WA No. 1362 of 2024 6. In the last, learned advocate wanted to harp upon that the compensation is not paid. In this regard, learned Single Judge has observed in paragraph No.5 that inspite of intimation, the petitioners have not received the compensation. The said assertion, it was observed, was not disputed by the petitioner. Learned Single Judge then proceeded to provide that, if the petitioners approach them along with the necessary valid documents, even today, the National Highway Authority will pay the compensation in the manner known to law. Therefore, the aspect of compensation to the petitioners is also taken care of. 6.1. The factor out weighing is that the preliminary notification to acquire the land in question was issued on 18.08.2005, the final notification was issued on 14.08.2006 and the respondent passed the award on 17.10.2007. The petitioner raised his grievance for the first time by issuing notice after a gap of almost a decade on 03.02.2016. The petition was thereafter filed. The petition thus suffers from gross delay which would at the outset disentitle the appellant-petitioner to seek any relief to challenge the acquisition. - 5 - NC: 2025:KHC:17224-DB WA No. 1362 of 2024 7. The appeal is meritless. Accordingly, it is dismissed. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE VBS List No.: 1 Sl No.: 12