- 1 - HC-KAR NC: 2025:KHC-D:9647-DB WP No. 105876 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO.105876 OF 2023 (LA-RES) BETWEEN: 1. SHANTAVVA W/O. YALLAPPA ALLAPUR, A/A: 75 YEARS, HOUSEHOLD, R/O: ADARAGUNCHI, TAL: HUBBALLI, DHARWAD DISTRICT. 2. MAHADEVI D/O. YALLAPPA ALLAPUR, A/A: 52 YEARS, HOUSEHOLD, R/O: ADARAGUNCHI, TAL: HUBBALLI, DHARWAD DISTRICT. 3. SHAKUNTALA D/O. YALLAPPA ALLAPUR, A/A: 50 YEARS, HOUSEHOLD, R/O: ADARAGUNCHI, TAL: HUBBALLI, DHARWAD DISTRICT. - PETITIONERS (BY SRI. A.P. HEGDE, ADVOCATE AND SRI. VIJAY M.MALALI, ADVOCATE) AND 1. THE SPECIAL LAND ACQUISITION OFFICER, NATIONAL HIGHWAY AUTHORITY (NH-63) DHARAMAHAL, 5TH CROSS, U.B. HILL, DHARWAD-580001. 2. THE PROJECT DIRECTOR, PROJECT IMPLEMENTATION UNIT, NATIONAL HIGHWAY AUTHORITY, SATTUR COLONY, VIDYAGIRI, DHARWAD-580004. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9647-DB WP No. 105876 of 2023 3. THE REGIONAL OFFICER, NATIONAL HIGHWAY AUTHORITY OF INDIA, MANJUNATH NAGAR, BAGALKUNTE, BENGALURU-560073. 4. THE CHIEF VIGILANCE OFFICER, NHIDCL, 3RD FLOOR, PIT BUILDING, 4-PARLIAMENT STREET, NEW DELHI-110001. 5. THE MINISTRY OF ROAD AND TRANSPORT, GOVERNMENT OF INDIA, BY SECRETARY, PARIVAHAN BHAVAN, 1-PARLIAMENT STREET, NEW DELHI-110001. 6. THE DEPUTY COMMISSIONER. DHARWAD DISTRICT, DHARWAD-580001. 7. SIDDAVVA W/O. SHIVAPPA HOSMANI, A/A: 62 YEARS, HOUSEHOLD, R/O: ADARAGUNCHI, TAL: HUBBALLI, DHARWAD DISTRICT-580024. (DELETED AS PER ORDER DATED 19.03.2024 SINCE SHE HAS DIED 21.08.2022) 8. BASAVARAJ YALLAPPA ALLAPUR, A/A: 43 YEARS, AGRICULTURIST, R/O: ADARAGUNCHI, TAL: HUBBALLI, DHARWAD DISTRICT-580024, 9. MAHADEVAPPA PARAPPA KALAWAD, A/A: 67 YEARS, AGRICULTURIST, R/O: NOOLVI VILLAGE, TAL: HUBBALLI, DHARWAD DISTRICT-580031. 10. GEETA D/O. MAHADEVAPPA KALAWAD, A/A: 37 YEARS, HOUSEHOLD, R/O: NOOLVI VILLAGE, TAL: HUBBALLI, DHARWAD DISTRICT-580031. 11. SUSHEELA D/O. MAHADEVAPPA KALAWAD, A/A: 35 YEARS, HOUSEHOLD, R/O: NOOLVI VILLAGE, TAL: HUBBALLI, DHARWAD DISTRICT-580031. - 3 - HC-KAR NC: 2025:KHC-D:9647-DB WP No. 105876 of 2023 12. MADHUMATI D/O. MAHADEVAPPA KALAWAD, A/A: 32 YEARS, HOUSEHOLD, R/O: NOOLVI VILLAGE, TAL: HUBBALLI, DHARWAD DISTRICT-580031. 13. RENUKA D/O. MAHADEVAPPA KALAWAD, A/A: 30 YEARS, HOUSEHOLD, R/O: NOOLVI VILLAGE, TAL: HUBBALLI, DHARWAD DISTRICT-580031. 14. BASAVARAJ MAHADEVAPPA KALAWAD, A/A: 28 YEARS, AGRICULTURIST, R/O: NOOLVI VILLAGE, TAL: HUBBALLI, DHARWAD DISTRICT-580031. 15. MANJUNATH MAHADEVAPPA KALAWAD, A/A: 25 YEARS, AGRICULTURIST, R/O: NOOLVI VILLAGE, TAL: HUBBALLI, DHARWAD DISTRICT-580031. 16. ARUNA W/O. PRASHANT BELLAD, MAJOR, HOUSEHOLD, R/O. GOWRI KRUPA, MARATHA COLONY ROAD, DHARWAD-580008. 17. SHILPA W/O. MAHESH BELLAD, MAJOR, HOUSEHOLD, R/O: GOWRI KRUPA, MARATHA COLONY ROAD, DHARWAD-580008. 18. SHARADA W/O. SHIVAPUTRAPPA BELLAD, MAJOR, HOUSEHOLD, R/O: GOWRI KRUPA, MARATHA COLONY ROAD, DHARWAD-580008. 19. PRASHANT S/O. SHIVAPUTRAPPA BELLAD, MAJOR, AGRICULTURIST, R/O: GOWRI KRUPA, MARATHA COLONY ROAD, DHARWAD-580008. 20. MAHESH S/O. SHIVAPUTRAPPA BELLAD, MAJOR, AGRICULTURIST, R/O: GOWRI KRUPA, MARATHA COLONY ROAD, DHARWAD-580008. - 4 - HC-KAR NC: 2025:KHC-D:9647-DB WP No. 105876 of 2023 21. VISHWANATH SHIVAPPA GANI, A/A: 76 YEARS, AGRICULTURIST, R/O: MIG-69, JALANAGAR, BAGALKOT ROAD, VIJAYAPUR DISTRICT. …RESPONDENTS (BY SRI. B.P. MATHAPATI, ADVOCATE FOR R1 TO R3; SRI. AVINASH M.ANGADI, ADVOCATE FOR R4 AND R5; SRI. PRAVEEN K.UPPAR, ADDITIONAL GOVERNMENT ADVOCATE FOR R6; SRI. SHASHANK S.HEGDE, ADVOCATE FOR R8 TO R15; SMT. SUNITA P.KALASOOR, ADVOCATE FOR R16 TO R20; R7 - DECEASED; NOTICE TO R21 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, I) QUASHING LAND ACQUISITION AWARD PROCEEDINGS PASSED BY RESPONDENT NO.1 DATED 01-09-2020 AS PER NO.SLAO/NH-63/LAQ/CR-41/2019-20 (ANNEXURE-N) ONLY TO THE EXTENT OF SY.NO.26/1A ADMEASURING 5-25-00 OF KOTAGONDA-HUNASI VILLAGE OF HUBBALLI TALUK. II) DIRECTING RESPONDENT NO.1 BY WAY OF WRIT OF MANDAMUS TO PASS THE AWARD JOINTLY IN FAVOUR OF PETITIONERS AND RESPONDENTS 7 TO 15 PERTAINING TO SY.NO.26/1A ADMEASURING 5-25-00 OF KOTAGONDA-HUNASI VILLAGE OF HUBBALLI TALUK. III) PASS SUCH OTHER ORDERS AS THIS HON’BLE COURT DEEMS FIT UNDER THE FACTS CIRCUMSTANCES OF THE CASE INCLUDING THE AWARD OF COSTS IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR HEARING- INTERLOCUTORY APPLN., THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:9647-DB WP No. 105876 of 2023 CORAM: THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioners have filed the present petition, inter alia praying for the following reliefs. i) Quashing land acquisition award proceedings passed by respondent No.1 dated 1-9-2020 as per No.SLAO/NH-63/LAQ/CR-41/2019-20 (Annexure-N) only to the extent of Sy.No.26/1a admeasuring 5-25-00 of kotagonda-hunasi village of hubballi taluk. ii) Directing respondent no.1 by way of writ of mandamus to pass the award jointly in favour of petitioners and respondents 7 to 15 pertaining to Sy.No.26/1a admeasuring 5-25-00 of kotagonda-hunasi village of hubballi taluk. iii) Pass such other orders as this hon’ble court deems fit under the facts circumstances of the case including the award of costs in the interest of justice and equity. 2. The petitioners assert their rights in respect of the land measuring 5 acres 25 guntas in Sy. No. 26/1A of Kotagonda-Hunasi village, Hubballi Taluk. The petitioners - 6 - HC-KAR NC: 2025:KHC-D:9647-DB WP No. 105876 of 2023 have impugned the finding of the Land Tribunal proceedings passed by the respondent No.1. 3. The learned counsel for the petitioners submits that it would suffice if it is clarified that the petitioners are at liberty to agitate their right before the Civil Court, and their remedies in civil proceedings are preserved. 4. The National Highway Authority of India [NHAI] states that it has not deposited the compensation in favour of any of the owners for acquisition of the said land. The learned counsel appearing for NHAI also submits that NHAI be directed to deposit the amount in the concerned court. He refers to paragraph No. 10 of the statement of objections as filed in the writ petition, which is relevant. The same is set out below: "10. That since there is dispute regarding ownership and title of the acquired land, the Respondent No. 1 has not disbursed the compensation amount to any of the land owners. That there is already remedy as per the provisions of Section 3-H(4) of the National Highways Act, 1956, which states as: "(4) If any dispute arises as to the apportionment of the amount or any part - 7 - HC-KAR NC: 2025:KHC-D:9647-DB WP No. 105876 of 2023 thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the Principal Civil Court of Original Jurisdiction within the limits of whose jurisdiction the land is situated." And also as per the provisions of The National Highways (Manner of Depositing the Amount by the Central Government: Making Requisite Funds Available to the Competent Authority for Land Acquisition of Land) Rules, 2019, wherein, Rule-4 states as under: "Rule (4) Where the amount deposited earlier by the executing agency into the account of the competent authority has remained undisbursed, or where the authorisation limit for an account has been issued in favour of the competent authority for disbursement purposes but certain amounts remain undisbursed, due to disputes which are referable to the principal civil court of original jurisdiction for resolution in terms of sub-section (4) of section 3H of the National Highways Act, 1956, the competent authority shall, while forwarding such references to the Court, cause such undisbursed amounts to be deposited with the principal court of civil jurisdiction to whom any such disputes are referable, for payment to entitled persons as and when the said disputes are resolved, or the absentee title-holders submit their claims, as the case may be, such amounts deposited with the principal court of civil jurisdiction shall, for all purposes, be deemed as payment made to entitled persons under sub-section (2) of section 3H of the Act." - 8 - HC-KAR NC: 2025:KHC-D:9647-DB WP No. 105876 of 2023 5. In view of the above, we consider it apposite to dispose of the present petition leaving it open to the petitioners or any other parties claiming interest in the subject land to avail remedies as provided under Section 3(H)(4) of the National Highways Act, 1956. The NHAI shall ensure that the compensation is deposited with the concerned Court along with applicable interest, if any. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE BVV List No.: 1 Sl No.: 0