- 1 - HC-KAR NC: 2025:KHC-D:7954 WP No. 100399 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 100399 OF 2024 (GM-RES) BETWEEN: 1. SRI. SURESH JANGAPPA CHOUGALE, AGED ABOUT 44 YEARS, OCC: BUSINESS, 2. SRI. MANJUNATH RAMACHANDRA KALAL, AGED ABOUT 52 YEARS, OCC: BUSINESS, 3. SRI. MOHAN GIDDADURGAPPA VAIDU, AGED ABOUT 41 YEARS, OCC: BUSINESS, 4. SMT. SUNITA APPASAB KUMBHAR, AGED ABOUT 49 YEARS, OCC: BUSINESS, ALL R/O. UGAR KHURD, TQ: KAGWAD, DIST: BELAGAVI-590 001. …PETITIONERS (BY SRI. RAMACHANDRA A. MALI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PWD, M.S. BUILDING, BENGALURU-01. 2. THE CHIEF ENGINEER C & B (NORTH) DEPARTMENT OF PWD, DHARWAD-580001, DIST: DHARWAD-580 001. 3. THE EXECUTIVE ENGINEER, PWP & IWT DIVISION, DEPARTMENT OF PWD, BELAGAVI, DIST: BELAGAVI-590 001. 4. THE DEPUTY COMMISSIONER, BELAGAVI DISTRICT, BELAGAVI-590 001. VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7954 WP No. 100399 of 2024 5. THE DEPUTY CHIEF ENGINEER CONSTRUCTION-2, SOUTH WESTERN RAILWAY, CLUB ROAD, KESHWAPUR, HUBLI-580023, DIST: DHARWAD. 6. THE ASST. EXECUTIVE ENGINEER, CONSTRUCTION-2, SOUTH WESTERN RAILWAY, UGAR-KHURD ROB IN CHARGE, UGAR-KHURD, TQ: KAGWAD, DIST: BELAGAVI-590 001. …RESPONDENTS (BY SRI. S.V. MAGADUM, AGA FOR R1-R4; SRI. M.B. KANAVI, ADVOCATE FOR R5 & R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO. i. ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OR ORDER IN THE LIKE NATURE, DIRECTING THE RESPONDENTS HEREIN TO CONSIDER THE REPRESENTATIONS AT ANNEXURES G, G1 & H DATED 31-7-2023 AND 10-10-2023 SUBMITTED BY THE PETITIONERS AND OTHERS AND DIRECT THE RESPONDENT AUTHORITIES TO AWARD THE FAIR AND ADEQUATE COMPENSATION FOR THE RESPECTIVE PORTIONS OF THE LANDS/PROPERTIES OF THE PETITIONERS IN SY.NO.184 AND 56/A OF UGAR KHURD VILLAGE EXPROPRIATED BY THE RESPONDENT AUTHORITIES FOR UPGRADATION, FORMATION AND EXPANSION OF SH-72 AND SH-73 AND CONSTRUCTION OF ROB OVER THE RAILWAY TRACK IN ACCORDANCE WITH LAW; ii. OR IN THE ALTERNATIVE ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OR ORDER IN THE LIKE NATURE DIRECTING THE RESPONDENT AUTHORITIES HEREIN TO FOLLOW DUE PROCEDURE OF LAW TO ACQUIRE THE RESPECTIVE PROPERTIES/LANDS OF THE PETITIONERS COMPRISED IN SY.NO.184 AND 56/A OF UGAR KHURD VILLAGE IN TERMS OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT AND AWARD FAIR COMPENSATION IN TERMS OF THE SAID ACT; iii. ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OR ORDER IN THE LIKE NATURE, DIRECTING THE RESPONDENT AUTHORITIES HEREIN TO LAY, FORM AND PROVIDE A SERVICE APPROACH/ACCESS ROAD ABUTTING THE ROB OF UGAR KHURD RAILWAY TRACK TO APPROACH THE SH-72 AND SH-73 FROM THE PROPERTIES OF THE PETITIONERS IN THE INTEREST OF THE JUSTICE AND EQUITY AND ETC. - 3 - HC-KAR NC: 2025:KHC-D:7954 WP No. 100399 of 2024 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) This petition is filed by the petitioners, who are permanent residents of Ugar Khurd Town Panchayat in Kagwad Taluk of Belagavi District. Petitioners are owners of various portions of non-agricultural and commercial properties situated within the limits of Ugar Khurd Village, Survey No.184 and R.S.No.56/A. The petitioners are owners of several properties as mentioned in the petition at para No.1. 2. It is the case of the petitioners that, there is a railway track being laid by the South Western Railway connecting State Highway No.72 and State Highway No.73, abutting the properties belonging to the petitioners. Petitioners approached respondents 5 and 6, objecting to the construction of the railway over-bridge, contending that they would lose the connectivity of approach of the road to their properties and there would - 4 - HC-KAR NC: 2025:KHC-D:7954 WP No. 100399 of 2024 be no way or road to approach SH No.72 or SH No.73. Learned counsel for the petitioners further contend that, along with the petitioners, several other landowners would be deprived of the approach road to the main road from their properties, which provides a service road as well, abutting the main road. 3. It is the further contention of the learned counsel for the petitioners that, respondents promised that the landowners and the petitioners, including others, would not be deprived of access to the main road or the highway and that they would be provided service road abutting the railway over-bridge for access to ingress and egress to their properties and the other neighbouring landowners. However, after completion of the railway over-bridge, it is contended by the learned counsel for the petitioners that the respondents never bothered about providing an approach road or access service road as promised earlier. Thereby the petitioners are rendered with no approach road to the SH No.72 or SH No.73 from - 5 - HC-KAR NC: 2025:KHC-D:7954 WP No. 100399 of 2024 their properties. Petitioners made a representation to the respondents to consider their grievance dated 31.07.2023 and 10.10.2023. It is the contention of learned counsel for the petitioners that, not only have the petitioners lost their lands by way of this acquisition, but they have also not been provided with proper approach road to the State Highway from their properties for access, which is a basic requirement for the petitioners as well as the neighbours of the land. Despite the petitioners having approached the respondents, no remedy has come from the side of the respondents to provide proper access to the service road to reach the State Highway. Hence, they are before this Court seeking writ of mandamus to consider their representations dated 31.07.2023 and 10.10.2023, to the respondent No.4. 4. It is also contended by the learned counsel for the petitioners that, upon acquisition of the properties, no proper compensation has been paid in accordance with law. The same may also be directed to be paid in - 6 - HC-KAR NC: 2025:KHC-D:7954 WP No. 100399 of 2024 accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013. 5. Per contra, learned counsel Sri.M. B. Kanavi, representing the Railway Authority, along with learned AGA contend that, the service road is available pursuant to the construction of the railway over-bridge. He has produced along with the statement of objections, the sketch, the maps, and the photographs to show that, after construction of the railway over-bridge, there is still vacant space and proper access to the service road which is provided to the petitioners as well as the residents of the locality to approach State Highways No.72 and 73. Therefore, the contentions put forth by the petitioners cannot be accepted as the provisions are made for approach to the petitioners and the neighbouring landowners. - 7 - HC-KAR NC: 2025:KHC-D:7954 WP No. 100399 of 2024 6. It is also contended by learned counsel for the respondents that, the representations of the petitioners so made vide Annexures G, G1 and H dated 31.07.2023 and 10.10.2023 shall be considered in accordance with law, if reasonable time is granted. 7. Learned AGA further submits that, the representation at Annexure-H may not survive for consideration as this was sought for protesting the construction of the railway over-bridge. In view of the railway over-bridge having been already constructed and over, the same would not survive for consideration and it becomes infructuous, which is agreed to by the learned counsel for the petitioners. It is also contended by the learned AGA that, the representation at Annexure-G1 is addressed to the Tahsildar, but in the present petition, the Tahsildar is not made a party, however, if the representation is given again, the same would be considered in accordance with law. - 8 - HC-KAR NC: 2025:KHC-D:7954 WP No. 100399 of 2024 8. I have heard the learned counsel for the petitioners and learned counsel for the respondents. In view of the submissions made by learned counsel for the petitioners and the learned counsel for the respondents, the materials produced before the Court along with the statement of objections and the documents annexed along with it, it is apparently seen that there is access provided, it is for the petitioner to establish as to whether that access would be insufficient for the petitioners and the residents to make use of the service road to approach the State Highways. 9. Be that as it may, the photographs produced apparently show that there is a service road available to the petitioners and the residents. In view of the above, I pass the following order: ORDER i. This petition is allowed in part. - 9 - HC-KAR NC: 2025:KHC-D:7954 WP No. 100399 of 2024 ii. Respondents 4, 5 and 6 shall consider the representations of the petitioners dated 31.07.2023 and 10.10.2023, at Annexures G and G1. iii. The petitioners are also at liberty to file another representation to the Tahsildar for redressing their grievance. On such a representation being made, respondents shall consider the same in accordance with law within an outer limit of eight weeks from the date of receipt of a copy of the order. Sd/- (PRADEEP SINGH YERUR) JUDGE gab CT-MCK List No.: 1 Sl No.: 56