- 1 - HC-KAR NC: 2025:KHC-D:15020 WP No. 103302 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 103302 OF 2022 (LA-RES) BETWEEN: SUBASHCHANDRA S/O MAHANTAPPA MODI AGE: 60 YEARS, OCC: BUSINESS, R/O: LOKAPUR, TQ: MUDHOL, DIST: BAGALKOT, PIN-587122. …PETITIONER (BY SRI. GANGADHAR GURUMAHT, SR. COUNSEL A/W SRI. N.L. BATAKURKI, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BAGALKOT DISTRICT, NAVNAGAR, BAGALKOT-587101 TQ AND DIST BAGALKOT. 2. THE ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER, JAMAKHANDI, TQ. JAMAKHANDI, DST. BAGALKOT. PIN 587301. 3. THE CHIEF ENGINEER SOUTH-WESTERN RAILWAYS BAGALKOT-KUDACHI PROJECT HUBBALLI. …RESPONDENTS (BY SRI.KESHAVAREDDY, AAG A/W SRI. RAMESH CHIGARI, AGA FOR R1 AND R2; SRI. ARVIND KAMAT, ASGI, A/W SRI. M.B. KANAVI, ADVOCATE FOR R3) Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15020 WP No. 103302 of 2022 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: A) ISSUE WRIT OF CERTIORARI QUASHING IMPUGNED PRELIMINARY NOTIFICATION U/SEC 11(1) OF R.F.C.T.L.A.R.R. ACT -2013 UNDER KRASAN.KANSHA.LAQ.CR-04/2020-21 DATED 05.10.2020 VIDE ANNEXURE-K ISSUED BY RESPONDENT NO.2 HEREIN IN RESPECT OF PETITIONER'S LAND B) ISSUE WRIT OF CERTIORARI QUASHING IMPUGNED FINAL NOTIFICATION U/SEC 19(1) OF R.F.C.T.L.A.R.R. ACT-2013 UNDER SANKHYE. RD- 17-AQV-2021 DATED 03.01.2022 VIDE ANNEXURE-Q ISSUED BY RESPONDENT NO.2 HEREIN IN RESPECT OF PETITIONER'S LAND. C) ISSUE WRIT OF CERTIORARI QUASHING IMPUGNED AWARD U/SEC 26 TO 30 OF R.F.C.T.L.A.R.R. ACT-2013 UNDER KRA NUM.LAQ.SR/03/2020-21 DATED 28.02.2022 AT ANNEXURE-R ISSUED BY RESPONDENT NO.2 HEREIN IN RESPECT OF PETITIONER'S LAND. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioners in this case call in question the acquisition process and the culmination in an award initiated by the State for the benefit of laying down railway lines. 2. Heard the learned Senior Counsel, Sri.Gangadhar Gurumath on behalf of Sri.N.L.Batakurki, appearing for petitioners, learned Additional Solicitor General of India(ASGI)-Sri.Aravind Kamath and learned counsel - 3 - HC-KAR NC: 2025:KHC-D:15020 WP No. 103302 of 2022 Sri.M.B.Kanavi, appearing for the respondent No.3-the Railways and learned Additional Advocate General(AAG), Sri.Keshva Reddy, representing respondent Nos.1 and 2. 3. The petitioners claim to be the owners of the land as depicted in the petition, and the extents depicted therein. The issue is with regard to mining operations of the petitioner being stalled on account of the acquisition process instituted by the respondent-State, by issuance of a preliminary notification under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as ‘the Land Acquisition Act, 2013’) for acquisition which was changed from time to time, with the latest being of the year 2020. 4. Learned Senior Counsel appearing for the petitioner submits that in terms of the Land Acquisition Act, 2013, taking this Court through sub-Section 7 of Section 19 of the said Act would contend that an acquisition that was initiated by issuance of a preliminary notification under Section 11(1) of Land Acquisition Act, 2013 must stand completed within one year from the date of its publication. Learned Senior Counsel submits that the proviso though provides for extension, such an extension has - 4 - HC-KAR NC: 2025:KHC-D:15020 WP No. 103302 of 2022 not happened in the case at hand and would seek to place reliance upon the Judgment of the Co-ordinate Bench of this Court in Chandrappa C.H. vs. State of Karnataka1. 5. Per contra, the Learned-ASGI would again take this Court through various documents, to demonstrate that what the petitioner would lose is the mining operation, to which license is also expired. Learned ASGI would submit that the entire project is complete, except 160 square meters of the land of the petitioners which is now locked by the railway lines drawn, as it is in the middle of the railway lines, already drawn of all the other land losers whose lands have been acquired for the said purpose. Learned ASGI would further submit that all that the petitioner is wanting is compensation in accordance with law. 6. In the light of the said submission and contra-submission, what would necessitate consideration at this juncture is a railway line that is drawn has now reached a standstill on the ground of the land of the petitioner being in the middle of two railway lines. 1 2024 SCC OnLine Kar 11745. - 5 - HC-KAR NC: 2025:KHC-D:15020 WP No. 103302 of 2022 7. Learned ASGI has taken this Court, through the project for which it is acquired, which would benefit scores and scores of people and industries. 8. Learned Senior Counsel, Sri.Gangadhar Gurumath, would fairly submit that, a project of national importance or the railway line that would help scores and scores of people must not be stalled for the interest of the few, but would submit that the petitioners are entitled to adequate compensation and such compensation should be determined and paid. 9. At this juncture, the learned ASGI would submit that the award is already passed and compensation is deposited before the concerned Court. 10. Learned Senior Counsel Sri.Gangadhar Gurumath submits that he would file applications for enhancement of compensation before the Reference Court for enhancement of compensation under the Land Acquisition Act, 2013. What would come in the way is the limitation under the statute. 11. In the light of the petition pending before this Court, where the award also is challenged and the petition is pending for the last four years and there being an interim order subsisting in favour of the petitioners, I deem it appropriate to - 6 - HC-KAR NC: 2025:KHC-D:15020 WP No. 103302 of 2022 observe and direct that the Reference Court should answer the reference for enhancement of compensation, if filed by these petitioners, in accordance with law without reference to delay, in the event the petitioners would prefer the appropriate petitions before the Reference Court shall consider their petitions within three months from the date of receipt of the copy of the order. 12. Learned counsel Sri.Keshav Reddy, submits that the moment the application is preferred before the Special Land Acquisition Officer, he would, without brooking any delay, refer the matter to the Reference Court under Section 64 of the Land Acquisition Act, 2013. In the event such a reference is made as observed hereinabove, the Reference Court shall answer the reference on its merit without going into the issue of limitation. 13. In the light of the submissions as recorded hereinabove, the submission with regard to compliance with Section 19(7) of the Land Acquisition Act, 2013 or otherwise need not be gone into. The petition would stand disposed on the by the following order. - 7 - HC-KAR NC: 2025:KHC-D:15020 WP No. 103302 of 2022 14. For the aforesaid reasons, the following order: ORDER (i) The petition stands disposed. (ii) Interim order of any kind stand dissolved. (iii) Petitioners stand with liberty to approach the Reference Court in accordance with law seeking enhancement of compensation if they are aggrieved by the award so passed as the award itself is under challenge before this Court. (iv) In the event the petitioner submits an application to the Special Land Acquisition Officer within four weeks from the date of receipt of the copy of the order, the Special Land Acquisition Officer shall transmit the application before the Reference Court under Section 64 of the Land Acquisition Act, 2013, without brooking any delay. The concerned Court shall answer the reference so placed before it, without reference to limitation and on the merit of the matter. - 8 - HC-KAR NC: 2025:KHC-D:15020 WP No. 103302 of 2022 (v) All contentions qua compensation shall remain open to be considered by the concerned Court. Sd/- (M.NAGAPRASANNA) JUDGE RHR/- List No.: 1 Sl No.: 0