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2025 DAILYLAW 53928 (KAR)

SMT SHALINI W/O VIJAY LATHE v. NATIONAL HIGHWAY AUTHORITY OF INDIA

CCC/100004/2025 · 2025-10-13

Geetha K B, S G Pandit

Contempt Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:13729-DB CCC No. 100004 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. CIVIL CONTEMPT PETITION NO. 100004 OF 2025 BETWEEN: 1. SMT. SHALINI W/O VIJAY LATHE AGE. 81 YEARS, OCC. HOUSEHOLD, R/O 90/D MANGALWAR PETH TILAKWADI, BELAGAVI 590 006. 2. NITIN S/O VIJAY LATHE AGE. 60 YEARS, OCC. BUSINESS, R/O 90/D MANGALWAR PETH, TILAKWADI, BELAGAVI 590 006. 3. SMT. NIVEDITA W/O VINAY JAVALI AGE. 59 YEARS, OCC. HOUSEHOLD, R/O 8/1 CLUB ROAD, HUBBALI 580 023. …COMPLAINANTS (BY SRI. SHREEVASTA HEGDE, ADVOCATE) AND: NATIONAL HIGHWAY AUTHORITY OF INDIA, BY ITS MANAGER SRI. DEVARAJ R.,(TECH) AND COMPETENT AUTHORITY FOR LAND ACQUISITION PROJECT IMPLEMENTATION UNIT VIDYAGIRI, DHARWAD 580 004. …ACCUSED (BY SRI. B.P. MATHAPATI, ADVOCATE) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA 1950, PRAYING TO INITIATE THE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED/RESPONDENT FOR DISOBEYING WITH THE ORDER OF THIS HON’BLE COURT DATED 16.02.2024 IN WP NO.104809/2023 AT ANNEXURE-A AND ORDER DATED 09/09/2024 IN W.A. NO.100209/2024 AT ANNEXURE-B, IN THE INTEREST OF JUSTICE AND EQUITY. SAROJA HANGARAKI Digitally signed by SAROJA HANGARAKI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.23 11:02:04 +0530 - 2 - HC-KAR NC: 2025:KHC-D:13729-DB CCC No. 100004 of 2025 THIS CCC COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) Heard learned counsel Sri.Sreevasta Hegde through video conference and learned counsel Sri.B.P.Mathapati for respondents-accused. 2. This contempt petition is filed complaining disobedience of order dated 16.02.2024 in W.P.No.104809/2023, wherein, this Court disposed of the writ petition directing respondents to pay solatium at the rate of 30% as per the Land Acquisition Act, 1894. On notice, the respondent-accused filed objection stating that solatium, as directed, has been paid. Further, learned counsel for the respondent-accused submitted that the 30% solatium, has been credited to the account of the complainants maintained at Kotak Mahindra Bank, Dharwad - 3 - HC-KAR NC: 2025:KHC-D:13729-DB CCC No. 100004 of 2025 in a sum of Rs.20,39,778/-. The said fact of payment of solatium is not disputed by the learned counsel for the complainants. However, learned counsel for the complainants would submit that the solatium is to be paid along with interest in terms of the decision of Hon’ble Apex Court in the case of Union of India and another Vs.Tarsem Singh and others reported in AIR 2019 SC 4689. 3. The Division Bench in the Writ appeal No.100209/2024 filed against the order dated 16.02.2024 in Writ petition No.104809/2023 explained the Tarsem Singh case (supra) and observed that land losers are entitled to solatium and interest as per provisions of the Land Acquisition Act, 1894, even though the acquisition is made as per the provisions of National Highway Act, 1956. However, there is no direction either by the learned single judge or Division bench directing the payment of interest to the petitioners-complainants. In the absence of any such direction for payment of interest, we are of the considered - 4 - HC-KAR NC: 2025:KHC-D:13729-DB CCC No. 100004 of 2025 opinion that there is substantial compliance with the order under complaint. 4. Therefore, further proceedings are dropped, with liberty to complainants to seek interest in accordance with law. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE HMB, CT:VP LIST NO.: 1 SL NO.: 5