- 1 - NC: 2025:KHC-D:2679 WP No. 106834 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. 106834 OF 2024 (LA-RES) 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 11:58:30 +0530 - 2 - NC: 2025:KHC-D:2679 WP No. 106834 of 2024 AND: 1. THE UNION OF INDIA, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN-1, PARLIAMENT STREET, NEW DELHI-110001, REPRESENTED BY ITS SECRETARY. 2. THE SPECIAL LAND ACQUISITION OFFICER, NH-4, NATIONAL HIGHWAYS AUTHORITY OF INDIA, (DHARWAD-BELAGAVI SECTION) RAJATAGIRI, GANDHINAGAR, DHARWAD-580004, TQ. AND DIST. DHARWAD. 3. THE DEPUTY COMMISSIONER, DHARWAD DISTRICT, DHARWAD-580001, TQ/DIST. DHARWAD. 4. THE ASSISTANT COMMISSIONER, DHARWAD SUB-DIVISION, DHARWAD-580001, TQ. AND DIST. DHARWAD. 5. THE TAHASILDAR, DHARWAD TALUKA, DHARWAD-580001, TQ AND DIST. DHARWAD. …RESPONDENTS (BY SRI B.P. MATHAPATI, ADVOCATE FOR R1 & R2; SRI V.S. KALASURMATH, AGA FOR R3 TO R5) 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 NOTIFICATION ISSUED IN NO.S.O.1223(E) DATED 28.05.2012 PUBLISHED IN GAZETTE OF INDIA ON 02.01.2013 PUBLISHED 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. Petitioners are before this Court seeking for the following reliefs: - 3 - NC: 2025:KHC-D:2679 WP No. 106834 of 2024 (i) To issue a Writ or Order or Direction in the nature of writ of certiorari to quash the impugned Notification issued in No.S.O.1223(E) dated 28.05.2012 published in Gazette of India on 02.01.2013 published by the 1st respondent as per Annexure-A. (ii) To issue a Writ or Order or Direction in the nature of writ of certiorari to quash the impugned award proceedings bearing No.SLAO/NHAI/NH-4/SIX LANINGD-B/MUMMIGATTI/SR-2/13-14 dated 30.04.2014 passed by the 2nd respondent as per Annexure-B. (iii) 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-M and restore the name of the petitioner in record of rights of Sy.No.171. (iv) 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 the petitioners is that the land in RS.No.171/1 was originally measuring 13 acres 20 gunta situated at Mummigatti village, Taluka and District Dharwad. The said land was acquired on several occasions, once by the Karnataka Industrial Area Development Board to an extent of 09 acres 34 gunta subsequently, by the National Highway Authority to an extent of 02 acres 05 gunta in the - 4 - NC: 2025:KHC-D:2679 WP No. 106834 of 2024 year 1978. Further, an extent of 01 acre 16 guntas in the year 2014 and further an extent of 33 guntas in the year 2001. 3. It is however contended that despite the acquisition, the names of the petitioners still continue to be on record of rights. 4. The above petition has been filed challenging the notification dated 28.05.2012 at Annexure-A acquiring the land an extent of 5667 square meters in the aforesaid Sy.No.171, which translates to 01 acre 16 gunta. The award dated 30.04.2014 at Annexure-B in respect to the very same lands have also been challenged and consequently, a prayer seeking for deletion of name of the National Highway Authority in respect of Sy.No.171/1 of Mummigatti village and restoration of names of the petitioners in the record of rights in respect of the very same survey number. - 5 - NC: 2025:KHC-D:2679 WP No. 106834 of 2024 5. The contention of Sri Shriharsh A. Neelopant learned counsel for the petitioners is that the names of petitioners being found in the revenue records and phodi being made by the Tahasildar in respect to an extent of 01 acre 14 guntas. The petitioners have continued to be in possession of the said land and as such, the acquisition notification and the award passed thereon are required to be quashed. 6. Sri B.B.Mathapati, learned counsel for respondents No.1 and 2-NHAI would submit that the acquisition having been completed. The roads have been laid and the National Highway is functioning. There are certain marginal lands, which have also acquired for the purposes of NHAI. Merely because the petitioners are in possession of the said land, would not create any interest in the names of petitioners, when the acquisition is completed, award has been passed and petitioners have also received the - 6 - NC: 2025:KHC-D:2679 WP No. 106834 of 2024 compensation amounts and on that ground he submits that the relief sought for are required to be rejected and the petition be dismissed. 7. Heard learned counsel for petitioners and learned counsel for respondents No.1 and 2 and perused the records. 8. It is not in dispute that there is a notification under Section 3D(1) of the National Highways Act, 1956 (for short, ‘NHA Act’,) issued on 28.05.2012 published in the Gazette of India on 02.01.2013 in terms of Annexure-A. In furtherance of which, an award has also been passed on 30.04.2014 in respect of 01 acre 16 gunta in R.S.No.171 belonging to the petitioners. The acquisition having been completed and the road having been laid as rightly contended by Sri B.P.Matapathi learned counsel for respondents No.1 and 2, petitioners cannot seek to challenge the said acquisition in a belated manner in the year 2024 by filing the above - 7 - NC: 2025:KHC-D:2679 WP No. 106834 of 2024 petition. A decade has lapsed from the time when the acquisition was completed, merely because the petitioners are in possession of a portion of the land they cannot claim for quashing of the acquisition proceedings after having received the compensation amount. The petitioners being fully aware of the acquisition proceedings having been completed could not put up any construction on the said acquired land and if any such construction is put up would also be at the sole risk, cost and peril of the petitioners. In that view of the matter, I do not find any merit in the petition. Hence, petition is dismissed. 9. The notification bearing No.S.O.1223(E), dated 28.05.2012 published in Gazette of India on 02.01.2013 by the 1st respondent as per Annexure- A and award proceedings bearing No.SLAO/NHAI/ NH-4/SIX LANING D-B/ MUMMIGATTI/SR-2/13-14 - 8 - NC: 2025:KHC-D:2679 WP No. 106834 of 2024 dated 30.04.2014 passed by the 2nd respondent as per Annexure-B stand confirmed. 10. Respondents are free to take such action as permissible under law. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK