- 1 - HC-KAR NC: 2025:KHC-D:8592 WP No. 106509 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 106509 OF 2023 (LA-RES) BETWEEN: 1. VIJAYENDRA S/O. KESHAVRAO VERNEKAR, AGE: 60 YEARS, OCC: BUSINESS, R/O. NO.43, BAILAPNAVAR NAGAR, HUBBALLI-580029. 2. RAJENDRA S/O. KESHAVARAO VERNEKAR, AGE: 53 YEARS, OCC: BUSINESS, R/O. NO.43, BAILAPNAVAR NAGAR, HUBBALLI-580029. 3. SURENDRA S/O. KESHAVRAO VERNEKAR, AGE: 53 YEARS, OCC: BUSINESS, R/O. NO.43, BAILAPNAVAR NAGAR, HUBBALLI-580029. 4. SMT. SHAILA W/O. SUNIL REVANKAR, AGE: 48 YEARS, OCC: BUSINESS, R/O. NO.43, BAILAPNAVAR NAGAR, HUBBALLI-580029. 5. JAGADESH S/O. KESHAVRAO VERNEKAR, AGE: 50 YEARS, OCC: BUSINESS, R/O. NO.43, BAILAPNAVAR NAGAR, HUBBALLI-580029. 6. SMT. JAYA W/O. SATISH VERNEKAR, AGE: 45 YEARS, OCC: HOUSEHOLD, C/O. NO.43, BAILAPNAVAR NAGAR, VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8592 WP No. 106509 of 2023 HUBBALLI-580029. …PETITIONERS (BY SRI. VIJAYENDRA S/O. KESHAV RAO VERNEKAR, PARTY IN PERSON-P1; SRI. V.M. SHEELVANT, ADVOCATE FOR P2-P6) AND: 1. THE DEPUTY COMMISSIONER, OFFICE OF DEPUTY COMMISSIONER, DHARWAD DISTRICT, DHARWAD-580001. 2. THE SPECIAL LAND ACQUISITION OFFICER, OFFICE OF SPECIAL LAND ACQUISITION NATIONAL HIGHWAYS, MINI VIDHANA SOUDHA, DHARWAD-580001. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO i. ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENT TO PAY COMPENSATION ENHANCING THE MARKET VALUE OF RS.3,000/- PER SQ FEET FOR 4 ACRES 14 GUNTAS OF LAND ACQUIRED IN SY NO.760/2C OF KUSUGAL VILLAGE, DIST DHARWAD WITH ALL OTHER STATUTORY BENEFITS IN THE INTEREST OF JUSTICE AND EQUITY. ii. ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENT TO CONSIDER THE CASE OF PETITIONERS TO ACQUIRE ENTIRE 12 ACRES OF LAND AND PAY APPROPRIATE COMPENSATION TO THE PETITIONERS IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:8592 WP No. 106509 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) Learned counsel Sri V.M.Sheelvant appearing for petitioners is present. The party-in-person Sri. Vijayendra S/o. Keshavtao Vernekar appearing for himself as petitioner No.1 is present before this Court so also learned AGA for respondents No.1 and 2. 2. The present petition is filed by the petitioners seeking a writ of mandamus against respondents for a direction to pay compensation enhancing the market value of the property, which is sought to be acquired and used by the respondents for laying of the road in the National Highway. Petitioners are the owners of property bearing No.760/2C measuring 12 acre 29 gunta of Kusugal village. Earlier the said property was in the name of mother of the petitioners Smt. Savitribai Vernekar. It is the contention of petitioners that after the mother gave an application for conversion of land from agriculture to commercial use to the Deputy Commissioner, the same was granted and - 4 - HC-KAR NC: 2025:KHC-D:8592 WP No. 106509 of 2023 property was converted for non-agricultural use i.e., for commercial purposes to an extent of 4 acre out of 12 acre 29 gunta so also the Town and Country Planning Authority has also approved the plan vide order dated 18.03.2010. On 17.05.2011, acquisition notification was issued; the land of the petitioners to an extent of 4 acre 6 gunta was acquired. Mother of the petitioner objected to the said acquisition notice dated 21.06.2010. Without considering the said objections and also commercial potentiality of the said land, respondent acquired the land of the petitioners and passed the award on the premises that the land is an agricultural land, but award had not been disbursed in favour of the petitioners. 3. It is the contention of party-in-person (petitioner No.1) that land is commercial land and sufficient documents are available and produced before the authority to establish the same to show it is not the agricultural land and it is converted for commercial use. - 5 - HC-KAR NC: 2025:KHC-D:8592 WP No. 106509 of 2023 4. Petitioners made several representations to the respondent to consider the payment of compensation of their land to be commercial land and not agricultural land and to grant enhanced compensation on reexamination of representations of the petitioners however, all the representations have gone and vain and the request of the petitioners have not be considered, hence, the petitioners are before this Court seeking a writ of mandamus. 5. It is further contended by party-in-person that earlier a writ petition was filed by the mother of the petitioners in Writ Petition No.113396/2015 seeking quashing of the notification dated 17.05.2011. The said petition is still pending adjudication. 6. Petitioners being aggrieved by the in action on the part of the respondents in not considering the representations for grant of suitable compensation by treating their land as commercial land, are before this Court. - 6 - HC-KAR NC: 2025:KHC-D:8592 WP No. 106509 of 2023 7. Per Contra, the learned AGA representing respondent/State contends that the representations of the petitioners were considered on earlier point of time. Therefore, there is no nothing much left to consider and hence the petition requires to be dismissed as it would not survive for any further consideration and in accordance with the procedures and the rules the acquisition is taken place and so also award is passed and the amount is deposited, which the petitioners are at liberty to collect, but they are not collecting the same. 8. It is further contention of party-in-person and other petitioners that representations so made were not considered in accordance with law and though he was told that they would appoint a mediator to re-examine the representation on the acquisition proceedings for grant of compensation as to whether the land acquired is in the nature of agriculture or non-agriuclture/commercial purpose and same is not taken place all efforts of the petitioners have gone in vain. - 7 - HC-KAR NC: 2025:KHC-D:8592 WP No. 106509 of 2023 9. I have heard learned counsel for petitioners and learned HCGP for respondent/State. Apparently, the land of petitioners is acquired for formation of the road. It is submitted that road formation is completed and acquisition proceedings are over, award had been passed and amount has been deposited, but the petitioners have not received or collected the award amount. According to the petitioners, the land requires to be valued as non agriculture/commercial purpose as land was converted for non-agriculture purpose way back on 25.02.2010 and they had approved a plan for putting up of commercial activity vide order dated 18.03.2010 and acquisition proceedings taken place in June, 2010, so therefore respondents ought to have considered the grant of compensation in terms of the land as commercial land rather than agriculture land, which has not been done. 10. In view of the fact that the representations of petitioners though stated to have been considered by respondents, this Court deems it appropriate to direct the - 8 - HC-KAR NC: 2025:KHC-D:8592 WP No. 106509 of 2023 respondents to re-consider the payment of compensation and enhancement of market value in accordance to the representations of the petitioners made herein above and the petition herein shall be treated as further representation of the petitioners. Accordingly, I pass the following : ORDER (i) Petition is allowed in part. (ii) Writ of mandamus is issued directing respondents to consider the representations given earlier and so also the present petition to be a representation and re-consider the case of the petitioners and pass suitable orders in accordance with law within a period of three months from the date of receipt of copy of this order. Sd/- (PRADEEP SINGH YERUR) JUDGE CKK CT-MCK List No.: 1 Sl No.: 46