- 1 - HC-KAR NC: 2026:KHC:32380 WP No. 7752 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO.7752 OF 2026 (LA-RES) BETWEEN: SMT. KUSUMA GANGADHARAMURTHY @ KUSUMA RAMAKRISHNA W/O C. GANGADHARA MURTHY, AGED ABOUT 56 YEARS, R/AT. NO.322, 3RD A CROSS, 2ND BLOCK, 3RD STAGE, BASAVESHWARANAGAR, BENGALURU-560079. …PETITIONER (BY SRI. ABHISHEK HUDDAR, ADVOCATE) AND: 1. UNION OF INDIA REP BY ITS SECRETARY MINISTRY OF ROAD TRANSPORTS AND HIGHWAYS, NATIONAL HIGHWAYS AUTHORITY OF INDIA, TRANSPORT BHAVAN, PARLIAMENT STREET, NEW DELHI-110001. 2. THE CHAIRMAN NATIONAL HIGHWAYS AUTHORITY OF INDIA, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN, PARLIAMENT STREET, NEW DELHI-110001. Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32380 WP No. 7752 of 2026 3. MANAGER (TECHNICAL) NATIONAL HIGHWAYS AUTHORITY OF INDIA, MINISTRY OF ROAD TRANSPORTS AND HIGHWAYS, 83, 1ST FLOOR, AG'S LAYOUT, OPP SBI DOLLAR'S COLONY BRANCH, NEW 'BEL' ROAD, BENGALURU-560054. 4. SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITIES NELAMANGALA-TUMAKURU (NH-4) (NOW 48) NATIONAL HIGHWAYS NO. 120 WARD NO.17, 3RD CROSS, BEHIND GOVERNMENT PRIMARY SCHOOL, SUBHASH NAGAR, NELAMANGALA - 562 123. …RESPONDENTS (BY SRI. KUSHALAPPA B. M.,CGC FOR R1; SMT. SHILPA SHAH, ADVOCATE FOR R3 AND R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS, IN PARTICULAR RESPONDENT NO.4, TO CONSIDER AND DISPOSE OF THE PETITIONERS REPRESENTATIONS DATED 09.03.2017, 19.12.2018 AND 26.03.2019 (PRODUCED AT ANNEXURE-F, F1 AND F2), WITHIN A TIME FRAME TO BE STIPULATED BY THIS HONBLE COURT, BY TAKING INTO CONSIDERATION THE CONVERSION ORDER DATED 24.05.2003 (ANNEXURE-A) AND THE TRUE STATUS OF THE LAND IN SY.NO.9/1 OF KULUVANAHALLI VILLAGE, THYAMAGUNDLU HOBLI, NELAMANGALA TALUK, AS CONVERTED COMMERCIAL LAND. - 3 - HC-KAR NC: 2026:KHC:32380 WP No. 7752 of 2026 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 writ in the nature of mandamus to direct the respondent No.4 to consider and dispose of her representations dated 09.03.2017, 19.12.2018, 26.03.2019 by taking into consideration the order of conversion dated 24.05.2003 and the status of the land. She has also sought for direction to the respondents to reassess and determine the compensation payable to her in respect of the portion acquired by treating by it as commercial property. 2. Petitioner claims that she is the sole and absolute owner of 2 bits of converted land in Sy No.9/1. One portion of the land measures 4 acres 11 guntas and another portion measures 22 guntas and both are situated at Kuluvanahalli Village, Thyamagundlu Hobli, - 4 - HC-KAR NC: 2026:KHC:32380 WP No. 7752 of 2026 Nelamangala Taluk. Petitioner claims that this land was converted for non-agricultural commercial use on 24.05.2003. The purpose for getting the land converted was to establish a petrol bunk on the said land. Petitioner claims that the respondent No.1 issued a notification dated 19.08.2003 for acquisition of land abutting National Highway No.4 which included the property of the petitioner. The petitioner claims that since the purpose of acquisition was for widening the road, she did not file any objection to the notification. She contends that respondent No.4 had passed an award dated 15.11.2003 by treating the status of her land as agricultural land though the land was converted for commercial use. The petitioner therefore filed representations requesting respondent No.4 to reconsider the quantum of compensation by treating the land acquired as commercial property. The petitioner claims that respondent No.4 has not considered the representations and therefore the petitioner is before this Court seeking for direction to the respondents to consider - 5 - HC-KAR NC: 2026:KHC:32380 WP No. 7752 of 2026 the representations in the light of the order of conversion dated 24.05.2003 and determine proper compensation by considering the land acquired as commercial property. 3. The learned counsel for the respondents No.3 and 4 submitted the preliminary notification was issued on 26.02.2003 while the final notification was issued on 19.08.2003. She therefore contends that the order of conversion is post the preliminary notification and hence, the same cannot be taken into consideration as per Section 3G(7) of the National Highways Act, 1956. She therefore contends that the assessment of compensation is just and proper and there is no need to issue any direction to the respondent No.4 to reconsider the compensation by treating the land acquired as commercial property. 4. I have considered submissions made by learned counsel for the petitioner and learned counsel for the respondents Nos.3 and 4. - 6 - HC-KAR NC: 2026:KHC:32380 WP No. 7752 of 2026 5. The petitioner, being a land loser had submitted representations to respondent No.4 on 09.03.2017, 19.12.2018 and 26.03.2019, requesting the respondent No.4 to treat the land acquired as commercial property and pass an award determining compensation suitably. The respondent No.4 having once received a representation was bound to act on it and ought to have intimated the outcome of the consideration of the representation to the petitioner. Since the same is not done, a direction deserves to be issued to the respondent No.4 to consider the representations of the petitioner in accordance with law and pass appropriate orders and if necessary pass a supplementary award in accordance with law. Hence this petition is allowed. 6. It is made clear that this Court has not expressed any opinion on the merits of the representations filed by the petitioner. Respondent No.4 shall consider the representations and this shall be complied within a period - 7 - HC-KAR NC: 2026:KHC:32380 WP No. 7752 of 2026 of two months from the date of receipt of the copy of this order. Sd/- (R. NATARAJ) JUDGE DS CT:TSM List No.: 1 Sl No.: 31