- 1 - HC-KAR NC: 2026:KHC:31838 WP No. 9259 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 9259 OF 2026 (LA-RES) BETWEEN: K H NAGESH S/O HANUMEGOWDA, AGED 49 YEARS, R/A DODDARAI VILLAGE, BHETHAMANGALA HOBLI, BANGARPET OLD TALUK, KGF NEW TALUK, KOLAR DISTRICT 563114 …PETITIONER (BY SRI. SHALINI P., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER AND ARBITRATOR BENGALURU- CHENNAI EXPRESS WAY, DEPUTY COMMISSIONER OFFICER, KUMBARAHALLI, KOLAR DISTRICT, KOLAR 563103. 2. THE SPECIAL LAND ACQUISITION OFFICER, AND COMPETENT AUTHORITY, (N.H.A.I., BANGALORE) [BANGALORE- CHENNAI EXPRESS WAY] NO.678/3, NEERUBAVI, KEMPANNA LAYOUT, HEBBALA, BANGALORE- 560024. 3. PROJECT DIRECTOR AND GENERAL MANAGER (TECHNICAL), N.H.A.I., PIU., 4TH K.M, Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31838 WP No. 9259 of 2026 TUMKUR ROAD, NAGASANDRA, BANGALORE- 560073. …RESPONDENTS (BY SRI. SRI. ADITYA DIWAKAR, AGA FOR R1 SRI.N.KUMAR, ADVOCATE FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR SUCH OTHER APPROPRIATE WRIT OR ORDER DIRECTION TO QUASH THE ORDER DATED 26/09/2023 PASSED BY THE RESPONDENT NO.1 IN THE CASE NO. A.R.B./B.C.E./K.G.F./285/2021-2022 (ANNEXURE-A) IN RESPECT OF LAND IN SY NO. 339 MEASURING 1901 SQ METERS SITUATED AT BETHAMANAGALA VILLAGE, BETHAMANAGALA HOBLI, BANGARPET OLD TALUK, K.G.F. TALUK, KOLAR DISTRICT AND FURTHER PLEASE SET ASIDE THE ORDER DATED 01.08.2025 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, KOLAR IN AP NO. 62/2024 (ANNEXURE-F). THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has sought for a writ in the nature of certiorari to quash an order bearing No.J.Dgï.©./©.¹.E/PÉ.f.J¥sï/285/2021-22 dated 26.09.2023 passed by respondent No.1, in respect of the land bearing Sy.No.339, measuring 1901 square meters situated at Bethamanagala - 3 - HC-KAR NC: 2026:KHC:31838 WP No. 9259 of 2026 Village, Bethamanagala Hobli, Bangarpet Old Taluk, K.G.F. Taluk, Kolar District. 2. The petitioner claims that he is the owner of land in Sy.No.339, measuring 1901 square meters of Bethamanagala Village, Bethamanagala Hobli, Bangarpet Old Taluk, K.G.F. Taluk, Kolar District, the portion of which was acquired for the purpose of the Bengaluru-Chennai expressway. An award bearing No.J¯ï.J.PÀÆå/E.JPïì,¦.©.¹/J¸ï.Dgï/©.¦.n..(ºÉZï)17/2017-18 dated 31.01.2018 was passed, determining the compensation payable at a sum of Rs.16,18,036/-. An award notice was issued to the petitioner on 30.07.2018. In view of the COVID- 19 pandemic, the petitioner approached the respondent No.1 with request for enhancement of the compensation on 16.09.2021. The said application was rejected in terms of the impugned order on the ground that the request was not made within three years from the date of the service of the notice of the award. Being aggrieved by the same, the petitioner is before this Court. 3. The learned counsel for the petitioner submitted that the notice of the award was served on the petitioner on - 4 - HC-KAR NC: 2026:KHC:31838 WP No. 9259 of 2026 30.07.2018 and that a reference for enhanced compensation was maintainable within three years therefrom. However, by the time the outer limit prescribed expired, the country was gripped by COVID-19 pandemic and therefore, the petitioner could not file the request for enhancement within the three years time prescribed. He submits that the Hon’ble Apex Court in Miscellaneous Application No.29/2022 in Miscellaneous Application No.665/2021 in Suo Motu Writ Petition (C) No.3/2020, has held that wherever time is fixed and expires during the COVID-19 pandemic, the same should be excluded for the purpose of determining the limitation. He therefore submits that the application filed by the petitioner for enhancement was well within time and hence the impugned order passed by the respondent No.1, is liable to be set at nought. 4. Learned Additional Government Advocate for respondent No.1 and learned counsel for the respondent Nos.2 and 3 after receipt of notice submitted that the issue is squarely covered by various judgments of this Court. - 5 - HC-KAR NC: 2026:KHC:31838 WP No. 9259 of 2026 5. In view of the above, the contentions of the learned counsel for the petitioner that the application could not be filed within the time prescribed merits acceptance. Consequently, the following order is passed: ORDER i. The petition is allowed; ii. The impugned order bearing No. J.Dgï.©./©.¹.E/PÉ.f.J¥sï/285/2021-22 dated 26.09.2023 passed by the respondent No.1 is quashed and the respondent No.1 is directed to refer the request of the petitioner for enhancement of compensation as prescribed under Section 3(G)(5) of the National Highways Act, 1956. This shall be done within a period of three months from the date of receipt of certified copy of this order. Learned Additional Government Advocate for respondent No.1 and Sri.N.Kumar, learned counsel for respondent Nos.2 - 6 - HC-KAR NC: 2026:KHC:31838 WP No. 9259 of 2026 and 3 are permitted to file memo of appearance within ten days. Sd/- (R. NATARAJ) JUDGE BKN List No.: 1 Sl No.: 21