- 1 - HC-KAR NC: 2025:KHC:32988-DB WA No. 1472 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT APPEAL NO. 1472 OF 2024 (LA-RES) BETWEEN: 1. SRI DAYANANDA C S/O CHANNABASAVAIAH AGED ABOUT 48 YEARS RESIDING AT CHANNASHETTYHALLI VILLAGE KASABA HOBLI, GUBBI TLAUK TUMKUR DISTRICT PIN CODE - 572 116. …APPELLANT (BY SRI. MADHU C S., ADVOCATE) AND: 1. UNION OF INDIA REPRESENTED BY ITS SECRETARY (RT AND H) MINISTRY OF ROAD TRANSPORT AND HIGHWAYS TRANSPORT BHAVAN 1 PARLIAMENTARY STREET NEW DELHI - 110 001. 2. THE SPECIAL LAND ACQUISTION OFFICER AND COMPETENT AUTHORITY TUMKUR-SHIMOGGA DIVISION NATIONAL HIGHWAY 2016 BETTASHI COMPLEX Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32988-DB WA No. 1472 of 2024 5TH CROSS, 60 FEET ROAD SAPTAGIRI LAYOUT TUMAKURU - 572 102. …RESPONDENTS (BY SRI MADANAN PILLAI R., CGC FOR R-1) THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SETTING ASIDE THE IMPUGNED ORDER DATED 30.07.2024 PASSED BY THE HON'BLE SINGLE JUDGE IN WRIT PETITION No. 52639/2018 (LA-RES) c/w WRIT PETITION No.1436/2023 (LA-RES) AND ALLOW THE WRIT PETITION No. 52639/2018 (LA-RES). THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU ,CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU,CHIEF JUSTICE) 1. For the reasons stated in the application - I.A.1/2024, the same is allowed. The delay in filing the appeal is condoned. 2. The appellant has filed the present appeal impugning the order dated 30.07.2024 passed by the learned Single Judge in W.P.No.52639/2018 (LA-RES) clubbed with WP.No.1436/2023(LA- - 3 - HC-KAR NC: 2025:KHC:32988-DB WA No. 1472 of 2024 RES) : NC:2024:KHC:30725. The present appeal is confined to the impugned order in so far as it relates to W.P.No.1436/2023. 3. The appellant had filed the said writ petition impugning a notification [impugned notification] dated 09.02.2018 issued under Section 3A(1) of the National Highways Act, 1956 [the Act] to the extent it includes the lands measuring 0.8195 Hectars comprised in Survey No. 86/1A, located in Chennashettihalli Village, Kasba Hobli, Gubbi Taluk [subject land]. 4. The learned counsel appearing for the appellant submitted that a residential house was constructed on the subject land. Additionally, there were coconut trees. However, the impugned notification neither mentions the residential house nor the trees standing on the subject land. He referred to the impugned notification which describes the subject land as private and dry. He also referred to Section 3(A)(2) of the Act and contended that it was mandatory for the notification under Section 3A(1) to briefly describe the land being acquired. He contended that since the impugned notification is vague, the same was liable to be set aside. - 4 - HC-KAR NC: 2025:KHC:32988-DB WA No. 1472 of 2024 5. The respondent contended that the impugned notification sets out the description of various parcels of lands and thus it was not feasible to describe each parcel in greater detail in the notification. However, the map of the lands proposed to be acquired was made available to the general public and, more particularly, the land owners. The said map clearly indicates the lands, which were proposed to be acquired. It is also stated on behalf of respondent that initially the compensation was determined in respect of the land. However noticing that there was a house constructed on the said land, the same was also valued and compensation for the same was deposited with the jurisdictional Land Acquisition Officer. 6. In the event the appellant is not satisfied with the compensation for any reason, including that the same does not adequately account for trees or any other construction or development, the appellant is not precluded from availing the remedies in that regard. However, we are unable to accept that an impugned notification is liable to be set aside only on the ground that it did not specifically mention the trees or the residential construction raised on the subject land. - 5 - HC-KAR NC: 2025:KHC:32988-DB WA No. 1472 of 2024 7. The appeal is unmerited and accordingly dismissed. 8. Pending application is also disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE sd List No.: 1 Sl No.: 31