- 1 - HC-KAR NC: 2025:KHC-D:9324 WP No. 101239 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.101239 OF 2025 (LA-RES) BETWEEN: NIJAGUNADEV B. GADDAGIMATH S/O. BASAYYA, AGE: 65 YEARS, OCC: BUSINESS, R/O: 27, KALYANAGARA, 2ND CROSS, DHARWAD – 580 007. …PETITIONER (BY SRI. NANDISH PATIL & SRI. RAMACHANDRA V. BHAT, ADVOCATES) AND: 1. THE UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF ROAD TRANSORT AND HIGHWAYS TRANSORT BHAVAN 1, PARLIAMENT STREET, NEW DELHI – 110 001. 2. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA, REP. BY ITS CHAIRMAN, (AN AUTHORITY CONSTITUTED UNDER THE NATIONAL HIGHWAYS AUTHORITY OF INDIA ACT, 1988) G5 & 6. SECTOR 10, DWARKA, NEW DELHI – 110 075. 3. THE SECIAL LAND ACQUISITION OFFICER. NATIONAL HIGHWAYS AUTHORITY OF INDIA, DHARA MAHAL, 1ST FLOOR, 5TH CROSS, U.B HILL, DHARWAD – 580 007. …RESPONDENTS (BY SRI. M.B.KANAVI, CGSC FOR R1; SRI. PRASHANT MATHPATI, ADVOCATE FOR R2 & R3) Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9324 WP No. 101239 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED THE PRELIMINARY NOTIFICATION DATED 29-12-2022 BEARING NO. S.O.6136 (E) VIDE ANNEXURE-G ISSUED BY RESPONDENT NO. 1 INSOFAR AS THE PETITIONER IN THE INTEREST OF JUSTICE AND EQUITY SY NO. 55/1 4 ACRES 38 GUNTAS. ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED FINAL NOTIFICATION 28-12-2023 DATED 28-12-2023 BRG NO. 5481(E) VIDE ANNEXURE-H ISSUED BY RESPONDENT NO. 1 INSOFAR AS THE PETITIONER IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR HEARING - INTERLOCUTORY APPLN THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: A. Issue writ in the nature of certiorari quashing the impugned the preliminary notification dated 29-12-2022 bearing No. S.O.6136 (E) vide Annexure-G issued by respondent no. 1 insofar as the petitioner in the interest of justice and equity S.Y No. 55/1 4 acres 38 Guntas. B. Issue writ in the nature of certiorari quashing the impugned final notification 28-12-2023 dated 28-12-2023 brg No. 5481(E) vide Annexure-H issued by respondent no. 1 insofar as the petitioner in the interest of justice and equity. C. And grant any other relief which deems fit in the interest of justice. - 3 - HC-KAR NC: 2025:KHC-D:9324 WP No. 101239 of 2025 2. The petitioner claims to be the owner of land bearing R.S.No.55/1 measuring 4-acres 38-guntas situated in Hiremalligawad village, Tq and Dist: Dharwad, which was proposed to be acquired by respondent No.2/National Highways Authority of India, by issuing a notification under Section 3(D)(1) and (2) of the National Highways Act, 1956 on 29.12.2022 at Annexure-G, which was followed by a final notification under Section 3(D)(1) dated 28.12.2023 at Annexure-H. It is challenging both the notifications, the petitioner is before this Court. 3. Though various contentions had been urged in the petition on the respondents appearing, the SLAO has filed a statement of objections indicating that at the time of subsequent site inspection, it became apparent that the cross-section of the highway had been accommodated in the existing lands available with the NHAI. Therefore, the - 4 - HC-KAR NC: 2025:KHC-D:9324 WP No. 101239 of 2025 additional lands notified under the aforesaid two notifications are not required for the NHAI. 4. Since a categorical statement has been made by the SLAO in the statement of objection, it is clear that the notifications dated 29.12.2022 at Annexure-G and 28.12.2023 at Annexure-H, are not proposed to be implemented by the respondents. 5. In that view of the matter, I pass the following: ORDER i) Writ petition is allowed. ii) A certiorari is issued, the preliminary notification dated 29.12.2022 at Annexure-G insofar as the petitioner is concerned, in respect of Survey No.55/1 measuring 4-acres 38-guntas in Hiremalligawad village, Tq and Dist: Dharwad, is quashed. Consequently, the final notification dated - 5 - HC-KAR NC: 2025:KHC-D:9324 WP No. 101239 of 2025 28.12.2023 at Annexure-H in respect of the petitioner as regards the aforesaid land, is quashed. iii) In view of disposal of the writ petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly. Sd/- (SURAJ GOVINDARAJ) JUDGE AM/- List No.: 1 Sl No.: 34