- 1 - HC-KAR NC: 2025:KHC:47693 WP No. 20224 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.20224 OF 2022 (LA) BETWEEN: NAZEER AHMED AGED ABOUT 70 YEARS S/O LATE ABDUL GAFOOR SINCE DEAD BY HIS LRs. 1(A) SHAHEDA BEGUM AGED ABOUT 60 YEARS, W/O. LATE NAZEER AHMED 1(B) MANSOOR PASHA AGED ABOUT 50 YEARS, D/O. NAZEER AHMED 1(C) MAQSOOD AHAMED ALI AGED ABOUT 46 YEARS, S/O. LATE NAZEER AHMED 1(D) A.N. MOHSEEN AGED ABOUT 42 YEARS, W/O. LATE NAZEER AHMED ALL ARE RESIDENTS OF #199 NEAR URDU SCHOOL, KHB COLONY, GUBBI TOWN-572216 TUMAKURU DISTRICT. …PETITIONERS (BY SRI VINAYA KEERTHY M., ADVOCATE FOR P1(A TO D)) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47693 WP No. 20224 of 2022 AND: 1. DEPUTY COMMISSIONER TUMAKURU DISTRICT, TUMAKURU-572101. 2. ASSISTANT COMMISSIONER, TUMAKURU SUB-DIVISION, TUMAKURU DISTRICT, TUMAKURU-572101. 3. CHIEF OFFICER TOWN PANCHAYAT GUBBI, TUMAKURU DISTRICT-572101. …RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1 & R-2; SRI S. MAHESH, ADVOCATE FOR R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE PETITIONER’S RESPONDENTS DATED 20.08.2022 AND 29.08.2022 VIDE ANNEXURE-G AND H; AND DIRECT THE RESPONDENTS TO PAY COMPENSATION AMOUNT AS PER THE AMENDED LAND ACQUISITION ACT TOWARDS UTILISATION OF PETITIONERS LAND TO THE EXTENT OF 22X150 FT. IN SY.NO.253/2 OF GUBBI TOWN OR IN THE ALTERNATIVE TO PROVIDE EQUIVALENT EXTENT OF LAND IN THE SAME LOCALITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 3 - HC-KAR NC: 2025:KHC:47693 WP No. 20224 of 2022 ORAL ORDER The petitioners being the legal representative of late Nazeer Ahmed have approached this Court seeking a writ of mandamus directing the respondent-authorities to pay compensation in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (“Act, 2013” for short) for the alleged utilization of the petitioners’ land measuring 22 x 150 feet in Sy.No.253/2 of Gubbi Town. In the alternative, the petitioners seek allotment of an equivalent extent of land in the same locality. 2. Heard learned counsel for the petitioners, learned Additional Government Advocate for respondent Nos.1 and 2 and learned counsel for respondent No.3. 3. The petitioners claims ownership of 8 guntas of land in Sy.No.253/3 of Gubbi Village, Kasaba Hobli, Gubbi Taluk (“schedule property” for short) under a registered - 4 - HC-KAR NC: 2025:KHC:47693 WP No. 20224 of 2022 sale deed dated 08.08.1997. It is asserted that respondent No.3 has utilized a portion of the petitioners’ land measuring 20 x 150 feet for forming a road to Sidilu Basaveshwara Temple, pursuant to the resolution dated 04.10.2007. 4. The grievance of the petitioners is that despite such utilization, no compensation has been awarded. Respondent No.1 issued an official memorandum dated 26.04.2011 authorizing respondent No.2 to initiate acquisition proceedings in respect of an extent of 20 x 150 feet in Sy.No.253/2 belonging to the petitioners. However, despite such specific direction, no steps have been taken by respondent No.2 either acquire the land or compensate the petitioners. 5. The petitioners had also submitted a representation on 03.10.2015 to respondent No.3 requesting either compensation or allotment of an equivalent site. The said representation remains pending without any consideration. - 5 - HC-KAR NC: 2025:KHC:47693 WP No. 20224 of 2022 6. The learned counsel for the petitioners submits that once respondents have utilized the petitioners’ land for a public purpose such as road formation, they are under a statutory and constitutional obligation to initiate acquisition proceedings and pay compensation as mandated under the Act, 2013. 7. Learned counsel for respondent No.3 places reliance on the decisions of a Co-ordinate Bench of this Court in Sri A.N. Madankumr and Others Vs. The State of Karnataka and Others1 (Sri A.N. Madankumr) and Sri H.K. Sagar Vs. The State of Karnataka and Others2 (Sri H.K. Sagar), wherein in similar circumstances, directions were issued to determine compensation under the Act, 2013. The decisions referred above squarely applies. 8. Accordingly, this Court pass the following: 1 W.P.No.58719/2015 D.D. 19.10.2016 2 W.P.No.9538/2020 D.D 01.06.2022 - 6 - HC-KAR NC: 2025:KHC:47693 WP No. 20224 of 2022 ORDER i. The writ petition is allowed. ii. Respondent Nos.1 to 3 are directed to determine the market value of the land belonging to the petitioners that has been utilized for road formation and to pay compensation strictly in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. iii. The aforesaid exercise shall be completed within three months from the date of the receipt of a certified copy of this order. Sd/- ______________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 21