- 1 - NC: 2025:KHC:11074 WP No. 36071 of 2024 C/W WP No. 26864 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 36071 OF 2024 (KLR-RES) C/W WRIT PETITION NO. 26864 OF 2024 (KLR-RES) IN WP No. 36071/2024 BETWEEN: 1. SRI. M. R. RAVI S/O MARI GOWDA, R/AT RAYASANDRA VILLAGE, KASABA HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT-563478 …PETITIONER (BY SRI. R SRINIVASA GOWDA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES VIDHANA SOUDHA, BANGALORE -560001 REP BY ITS PRINCIPAL SECRETARY 2. THE DEPUTY COMMISSIONER RAMANAGARA DISTRICT, RAMANAGARA-563478 3. THE SPECIAL LAND ACQUISITION OFFICER NATIONAL HIGHWAYS AUTHORITY OF INDIA, NATIONAL HIGHWAY -209, MALAVALLAI, MANDYA DISTRICT-563487 …RESPONDENTS (BY SRI. V.SHIVA REDDY., AGA FOR R-1 & R-2; SMT. SRUTI CHAGANTI., ADVOCATE FOR R-3) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11074 WP No. 36071 of 2024 C/W WP No. 26864 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT BEARING NO. RAAGIKA ALN (K)/CR/4/2024 DATED 02.12.2024 ISSUED BY THE R-2 A PER ANNEXURE-Q, ETC. IN WP NO. 26864/2024 BETWEEN: 1. NATIONAL HIGHWAYS AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT RAMANGARA, NEAR BASAVANAPURA, (RAMADEVARAPADA) RAMANGARA 562128. RAMANAGARA DISTRICT REPRESENTED BY THE DEPUTY GENERAL MANAGER (TECH) AND PROJECT DIRECTOR. 2. THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY, NH-209 MALAVALLI, HAVING OFFICE AT, NO. 37, SRI BYRAVESHWARA COMPLEX, APPAJI NURSING HOME ROAD, MALAVALLI 571 430. ...PETITIONERS (BY SMT SRUTI C CHAGANTI., ADVOCATE) AND: 1. THE GOVERNMENT OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M S BUILDING, BANGALORE - 560 001. 2. THE DEPUTY COMMISSIONER RAMANAGARA DISTRICT. RAMANAGARA - 562 159. 3. M R RAVI S/O MARI GOWDA, - 3 - NC: 2025:KHC:11074 WP No. 36071 of 2024 C/W WP No. 26864 of 2024 AGED ABOUT 56 YEARS, RESIDENT OF RAYASANDRA VILLAGE, KASABA HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT - 563 478,. ...RESPONDENTS (BY SRI. V.SHIVA REDDY., AGA FOR R-1 & R-2; SRI. R.SRINIVASA GOWDA., ADVOCATE FOR R-3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH/ SET-ASIDE THE OFFICIAL MEMORANDUM BEARING NO. RA.JI.KA./ALN(KA)/CR/191/2014-15 DATED 05.08.2015 PASSED BY RESPONDENT NO. 2, BY WHICH AN EXTENT OF 16.08 GUNTAS (1675 SQUARE METERS) IN SY. NO. 47 SITUATED IN RAYASANDRA VILLAGE, KASABAHOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT, CAME TO BE CONVERTED FOR NON-AGRICULTURAL INDUSTRIAL USE (FOR THE PURPOSE OF ESTABLISHING A MUD BRICK FACTORY), PRODUCED HEREWITH AS ANNEXURE-G, ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. W.P.No.26864/2024 is filed by the National Highways Authority of India (hereinafter for short referred to as the 'NHAI'), while W.P.No.36071/2024 is filed by the land looser. 2. It is not in dispute that a notification under Section 3A of the National Highways Act, 1956 (hereinafter - 4 - NC: 2025:KHC:11074 WP No. 36071 of 2024 C/W WP No. 26864 of 2024 for short referred to as the Act) was issued on 08.01.2013 and published in the newspaper on 11.02.2013 and, this was followed by a declaration under Section 3D of the Act on 24.12.2013. After hearing the claims, an award came to be passed on 31.07.2014, and, subsequently, a supplementary award was passed by applying the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 on 08.09.2016. 3. It may be pertinent to state here that under the aforementioned notifications, an extent of 1,675 square meters was actually acquired and, out of the said extent, compensation has been paid in respect of 1,375 square meters and there is no dispute regarding this extent. 4. The dispute is confined to 300 square meters of land, which the NHAI has not paid compensation on the premise that it is a Kharab land. - 5 - NC: 2025:KHC:11074 WP No. 36071 of 2024 C/W WP No. 26864 of 2024 5. The land looser is therefore before this Court claiming compensation in respect of this 300 square meters on the ground that it is 'A' Kharab land and he would be entitled to get compensation. 6. The NHAI is also before this Court challenging the order of conversion passed in favour of the petitioner - land looser on 05.08.2015, i.e., after the issuance of the notifications. 7. The NHAI is also challenging the endorsement dated 03.06.2022, by which, the Deputy Commissioner has stated that the clarifications sought for by the NHAI was misconceived as to whether the compensation was paid on the basis of the converted land or on the basis of the agricultural land. 8. The NHAI has lastly sought for a mandamus to direct respondent No.2 to clarify the nature of the land measuring 300 guntas of Kharab land. - 6 - NC: 2025:KHC:11074 WP No. 36071 of 2024 C/W WP No. 26864 of 2024 9. At the outset, learned counsel appearing for the land looser submits that, the petitioner would be satisfied with the compensation is paid on the premise that the 300 square meters of the land is in fact an agricultural land and, he does not insist on the said extent being valued as a converted land. 10. In the light of this statement, the prayers made in the wit petition filed by the NHAI would not survive for consideration and the NHAI would be liable to pay the compensation in respect of the 300 square meters of land by construing it as a agricultural land. 11. It is needless to state that, the valuation that would be made in accordance with law by taking into consideration the value of the land, as it existed, as on the date of the preliminary notification. 12. W.P.No.26864/2024 is accordingly disposed of. 13. The land looser is before this Court challenging an endorsement dated 02.12.2024, by which, the - 7 - NC: 2025:KHC:11074 WP No. 36071 of 2024 C/W WP No. 26864 of 2024 Deputy Commissioner has informed him that his request for change of land use in respect of the unacquired portion cannot be considered in the light of the writ petition filed by the NHAI in W.P.No.26864/2024. 14. Since W.P.No.26864/2024 is being disposed of by this common order, consequently, a direction will have to be issued to the Deputy Commissioner to consider the case of the petitioner for the change of land use without reference to the contentions raised by the NHAI in W.P.No.26864/2024. 15. Accordingly, Annexure - Q is quashed and W.P.No.36071/2024 is allowed. 16. The Deputy Commissioner is directed to reconsider and pass appropriate orders within a period of three months from the date of receipt of the copy of this order. - 8 - NC: 2025:KHC:11074 WP No. 36071 of 2024 C/W WP No. 26864 of 2024 17. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 6