- 1 - HC-KAR NC: 2026:KHC:13870 WP No. 6956 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.6956 OF 2026 (GM-RES) BETWEEN: 1. NARAYANASWAMY S R S/O RAMAKRISHNAPPA AGED 45 YEARS 2. MANJUNATHA S N S/O NARAYANAPPA AGED 45 YEARS 3. V RAMAIAH S/O VENKATARAMANAPPA AGED 70 YEARS 4. V DEVARAJAPPA S/O LATE VENKATARAMANAPPA AGED 65 YEARS 5. SMT.KAVYA K W/O LATE AMARESH S M AGED 40 YEARS 6. S M CHINNASWAMY S/O MUNNIYAPPA AGED 42 YEARS PETITIONER NOS.1 TO 6 ARE RESIDING AT SAMPANGERE VILLAGE Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13870 WP No. 6956 of 2026 LAKKUR HOBLI MALUR TALUK KOLAR DISTRICT - 563130 (SENIOR CITIZEN PETITIONERS ARE NOT CLAIMING THE BENEFITS AVAILABLE FOR SENIOR CITIZENS) …PETITIONERS (BY SRI. NEERAJA KARANTH, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER AND ARBITRATOR N H 207, TAMIL NADU/KARNATAKA BORDER TILL HOSKOTE (FROM 16.8 KM TO 58.3KM) KOLAR DISTRICT - 563101 2. THE SPL. LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY FROM TAMIL NADU/KARNATAKA BORDER TILL HOSKOTE (FROM 16.8 KM TO 58.3KM) NEERUBHAVI KEMPANNA LAYOUT HEBBAL BENGALURU -560024 3. DEPUTY ADMINISTRATOR (TECHNICAL) & PLANNING DIRECTOR NH-207 & PIU SY NO.13, 14, NAGASANDRA TUMKUR ROAD BENGALURU - 560073 …RESPONDENTS (BY SRI.ADITYA DIWAKARA, AGA) - 3 - HC-KAR NC: 2026:KHC:13870 WP No. 6956 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DISTRICT FORMING THE SUBJECT MATTER OF ARBITRATION CASES NO. ARB/NH-207MLR/129/2024-25, ARB/NH-207MLR/130/2024-25, ARB/ NH-207MLR/131/2024-25, ARB/NH-207MLR/132/2024-25, ARB/NH- 207MLR/133/2024-25, ARB/NH-ARB/NH-207MLR/134/2024-25, ARB/ NH-207MLR/135/2024-25, ARB/NH-207MLR/136/2024-25, ARB/NH- 207MLR/137/2024-25 ARB/NH-207MLR/138/2024-25, ARB/NH- 207MLR/159/2024-25, ARB/NH-207MLR/160/2024-25 AND ARB/NH- 207MLR/161/2024-25 WITH RESPECT TO ACQUISITION OF LANDS FOR FORMATION OF NH-207, 4 LANE ROAD FROM KARNATAKA/TAMIL NADU BORDER TILL HOSKOTE (FROM 16.8 KM TO 58/3KM), ORDER SHEETS PRODUCED AND MARKED AT ANNEXURES- A TO N AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned writ petition is filed seeking direction against respondent No.1 – The Deputy Commissioner & Arbitrator to pass final orders/Award in respect of lands, which are acquired by the National Highway Authorities. 2. The following reliefs are sought in the writ petition. - 4 - HC-KAR NC: 2026:KHC:13870 WP No. 6956 of 2026 "i. Issue a Writ of Mandamus directing the Respondent No.1/learned Arbitrator to pass final orders/Award for the lands acquired in Sampangere Village, Lakkur Hobli, Malur Taluk, Kolar District forming the subject matter of Arbitration Cases No.ARB/NH-207MLR/129/2024-25, ARB/NH-207 MLR/130/2024-25, ARB/NH-207MLR/131/2024-25, ARB/NH-207MLR/132/2024-25, ARB/NH-207MLR/ 133/2024-25, ARB/NH-ARB/NH-207MLR/134/ 2024-25, ARB/NH-207MLR/135/2024-25, ARB/NH- 207MLR/136/2024-25, ARB/NH-207MLR/137/ 2024-25, ARB/NH-207MLR/138/2024-25, ARB/NH- 207MLR/159/2024-25, ARB/NH-207MLR/160/ 2024-25 and ARB/NH-207MLR/161/2024-25 with respect to acquisition of lands for formation of NH- 207, 4 lane road from Karnataka/Tamil Nadu boarder till Hoskote (From 16.8 km to 58/3km), order sheets produced and marked at Annexures-A to N. ii. Direct the respondent No.1 further to increase the compensation amount from Rs.840/- per square meter to Rs.1679/- per square meter as arrived at towards the acquired lands in neighboring lands of Alambadi Village and pass suitable orders. iii. Pass such other and further writ or order on the facts and circumstances of the case, in the interest of justice and equity." - 5 - HC-KAR NC: 2026:KHC:13870 WP No. 6956 of 2026 3. The grievance of the petitioners before this Court is that respondent No.2 – the Special Land Acquisition Officer has passed an award determining compensation at the rate of ₹840/- per square meter for dry lands and ₹924/- per square meter for wet lands. Being dissatisfied with the quantum of compensation determined under the award, the petitioners have invoked the remedy available under Section 3G(5) of the National Highways Act, 1956 and approached respondent No.1 – the Deputy Commissioner, who is functioning as the Arbitrator. The principal grievance of the petitioners is that though their arguments were addressed before the Arbitrator in July 2025, no final order has been passed till date. 4. On perusal of the records, this Court finds that if the petitioners had concluded their arguments in July 2025, respondent No.1 – the Deputy Commissioner and Arbitrator ought not to indefinitely defer the adjudication of the claim without justifiable reasons. The petitioners have admittedly lost their lands pursuant to acquisition - 6 - HC-KAR NC: 2026:KHC:13870 WP No. 6956 of 2026 proceedings initiated under the National Highways Act. Once the lands are acquired and the petitioners are divested of their immovable property, their right to seek fair and reasonable compensation assumes significance. Though the right to property is no longer a fundamental right, it remains a constitutional right protected under Article 300A of the Constitution of India. Therefore, the petitioners are entitled to seek just and reasonable compensation for the lands acquired. When the petitioners are aggrieved by the award passed by the Special Land Acquisition Officer, the statute provides an efficacious remedy under Section 3G(5) of the National Highways Act, 1956. Consequently, respondent No.1 – the Deputy Commissioner and Arbitrator is under a statutory obligation to examine the grievance relating to the quantum of compensation determined in the award. In the present case, despite the petitioners having concluded their arguments in July 2025, the absence of a final decision demonstrates inaction on the part of the - 7 - HC-KAR NC: 2026:KHC:13870 WP No. 6956 of 2026 Arbitrator, thereby justifying the petitioners in seeking appropriate directions from this Court in the nature of a writ of mandamus. 5. For the foregoing reasons, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. (ii) Respondent No.1 – the Deputy Commissioner and Arbitrator is directed to pass final orders, in accordance with law, within an outer limit of two months from the date of receipt of a certified copy of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 2 Sl No.: 20