- 1 - NC: 2025:KHC-D:2678 WP No. 104662 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 104662 OF 2024 (LA-UDA) BETWEEN: 1. CHANDRASHEKHAR S/O. GANGAPPA DESAI, AGE: 86 YEARS, OCC: AGRICULTURE, R/O. MUMMIGATTI-580008, TQ/DIST: DHARWAD. SINCE DECEASED REPRESENTED BY HIS LR’S, 1(A) SHANTABAI W/O. CHANDRAGOUDA @ CHANDRASHEKHAR DESAI, AGE: 80 YEARS, OCC: NIL, R/O. MUMMIGATTI-580008, TQ/DIST: DHARWAD. 1(B) SMT. NEELAVVA W/O. YALLAPPA CHIKKANNAVAR, AGE: 62 YEARS, OCC: HOUSEWIFE, R/O. MUMMIGATTI-580008, TQ/DIST: DHARWAD. 1(C) BASAVARAJ S/O. CHANDRAGOUDA @ CHANDRASHEKHAR DESAI, AGE: 59 YEARS, OCC: AGRICULTURE, R/O. MUMMIGATTI-580008, TQ/DIST: DHARWAD. 1(D) SOMANGOUDA S/O. CHANDRAGOUDA @ CHANDRASHEKHAR DESAI, AGE: 56 YEARS, OCC: AGRICULTURE, R/O. MUMMIGATTI-580008, TQ/DIST: DHARWAD. 1(E) SUDDANAGOUDA S/O. CHANDRAGOUDA @ CHANDRASHEKHAR DESAI, AGE: 53 YEARS, OCC: AGRICULTURE, R/O. MUMMIGATTI-580008, TQ/DIST: DHARWAD. 2. ISHWAR S/O. GANGAPPA DESAI, AGE: 80 YEARS, OCC: AGRICULTURE, R/O. MUMMIGATTI-580008, TQ/DIST: DHARWAD. …PETITIONERS (BY SRI SHRIHARSH A. NEELOPANT, ADVOCATE) ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.18 11:58:29 +0530 - 2 - NC: 2025:KHC-D:2678 WP No. 104662 of 2024 AND: 1. THE SPECIAL LAND ACQUISITION OFFICER, NATIONAL HIGHWAYS AUTHORITY OF INDIA, (DHARWAD-BELAGAVI SECTION) RAJATAGIRI, GANDHINAGAR, DHARWAD-580004, TQ/DIST. DHARWAD. 2. THE DEPUTY COMMISSIONER, DHARWAD DISTRICT, DHARWAD-580001, TQ/DIST. DHARWAD. 3. THE ASSISTANT COMMISSIONER, DHARWAD SUB-DIVISION, DHARWAD-580001, TQ/DIST. DHARWAD. 4. THE TAHASILDAR, DHARWAD TALUKA, DHARWAD-580001, TQ/DIST. DHARWAD. …RESPONDENTS (BY SRI B.P. MATHAPATI, ADVOCATE FOR R1; SRI V.S. KALASURMATH, AGA FOR R2 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF WRIT OF CERTIORARI TO QUASH THE IMPUGNED NOTICE BEARING NO.SLAO/NH-48/LAW/SR-2/2013-14/309 DATED 29.07.2024 ISSUED BY THE 1ST RESPONDENT AS PER ANNEXURE-A & ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. JUSTICE SURAJ GOVINDARAJ) 1. Petitioners are before this Court seeking for the following reliefs: - 3 - NC: 2025:KHC-D:2678 WP No. 104662 of 2024 (i) To issue a Writ or Order or Direction in the nature of writ of certiorari to quash the impugned notice bearing No.SLAO/NH- 48/LAW/SR-2/2013-14/309 dated 29.07.2024 issued by the 1st respondent as per Annexure- A. (i)(a)To issue a writ or order or direction in the nature of writ of mandamus directing the 4th respondent to delete the entry with regard to National Highway Authority N.H-4 from the record of rights in respect of Sy.No.171/1 measuring 01 acre 15 guntas situated at Mummigatti Village of Tq/Dist: Dharwad by considering the representation dated 18.07.2024 as per Annexure-L and restore the name of the petitioner in record of rights of Sy.No.171. (ii) Grant such other reliefs as deemed fit by this Hon’ble court in the circumstances of the case, in the interest of justice and equity. 2. The contention of petitioners is that by way of the impugned notice dated 29.07.2024, the respondent-SLAO has directed the demolition of the construction put up by the petitioners on their land. Without hearing the petitioners, no such order could have been passed and as such the said order is violative of principles of natural justice. 3. Today this court has dismissed the W.P.No.106834 of 2024, where a challenge to the acquisition of the - 4 - NC: 2025:KHC-D:2678 WP No. 104662 of 2024 very same lands had been made by the petitioner. While dismissing the said writ petition, this court having held that the acquisition has been completed, award has been passed and petitioner has also received the compensation, the petitioner cannot now be heard to say in the present position, that the construction which has been put up by the petitioners cannot be directed to be demolished. 4. Inasmuch as, the construction which has been put up by the petitioners is on the land which has been acquired for the NHA and has been handed over to the NHA. The construction, if any, put up by the petitioners is at the sole risk, cost and peril of the petitioners as observed in the order passed in WP.No.106834 of 2024. Thus the construction not having been put up on private lands of the petitioners, but it has been put up on the acquired lands vested with the NHA, where roads have been formed, there will be no requirement for issuance of - 5 - NC: 2025:KHC-D:2678 WP No. 104662 of 2024 any further notice to the petitioners calling upon any explanation. The time however granted for demolition by the SLAO of 7 days is extended by a period of 30 days to enable the petitioners to salvage any salvageable items in the said construction, if the construction is not demolished by 11.03.2025, the respondent-SLAO would be free to take such action for demolition as permissible under law. Sd/- (SURAJ GOVINDARAJ) JUDGE ckk list no.: 1 sl no.: 0