- 1 - HC-KAR NC: 2026:KHC:34947 WP No. 20827 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 20827 OF 2026 (LA-RES) BETWEEN: SRI. A M KENCHEGOWDA S/O. MOTAPPA, AGED ABOUT 71 YEARS, R/AT NO.101, NEAR ANJANEYA TEMPLE, ABBENAHALLI, MADIVALA POST, MALURU TALUK-563130 AADHAR NO. 951901771558 …PETITIONER (BY SRI. HEGDE S RAMAKRISHNA., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER AND ARBITRATOR KOLAR DISTRICT, KOLAR-563101 2. THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY, BENGALURU CHENNAI EXPRESSWAY, NHAI, BENGALURU, (KM0/000 TO KM 74/870 AND KM82/150 TO KM 83/350) NO.678/3, NEERUBHAVI KEMPANNA LAYOUT, HEBBALA, BENGALURU-560024. REPRESENTED BY CENTRAL GOVT.OF INDIA 3. THE DEPUTY COORDINATOR (TECHNICAL) AND PLANNING DIRECTOR, NHAI AND PIU, BENGALURU CHENNAI EXPRESSWAY, Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34947 WP No. 20827 of 2026 NO.84/11, UTTARAHALLI MAIN ROAD, KENGERI, BENGALURU-560060 …RESPONDENTS (BY SMT. POOJA M.KOORSE, HCGP FOR R1; SRI. N. KUMAR, ADVOCATE FOR R2 & R3) THIS WP IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING ORDER DATED 18.08.2025 PASSED BY 1ST RESPONDENT THE DEPUTY COMMISSIONER AND ARBITRATOR KOLAR DISTRICT, KOLAR IN CASE NO.ARB/BCE/MLR/215/2021-22 VIDE ANNEXURE-A SO FOR AS THE PETITIONER CONCERNED. 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/JA¯ïDgï/215/2021-22 dated 18.08.2025 passed by respondent No.1, in respect of the land bearing Sy.No.109/1, measuring 11990 square meters situated at Abbenahalli Village, Kasaba Hobli, Malur Taluk, Kolar District. 2. The petitioner claims that his father is the owner of land in Sy.No.109/1, measuring 11990 square meters situated at Abbenahalli Village, Kasaba Hobli, Malur Taluk, Kolar District. - 3 - HC-KAR NC: 2026:KHC:34947 WP No. 20827 of 2026 The portion of which measuring 10990 sqaure meters was acquired for the purpose of the Bengaluru-Chennai expressway. An award bearing No.J¯ï.J.PÀÆå/E.JPïì.¦/©.¹/J¸ï.Dgï/ JA¯ïDgï16//2016-17 dated 30.11.2016 was passed, determining the compensation payable at a sum of Rs.2,38,55,586/-. An award notice was issued to his father on 15.05.2017. The petitioner contends that his father - Motappa died on 22.12.2018 and he and his sister received compensation of Rs.1,50,55,586/- and Rs.87,99,730/- respectively. In view of the COVID-19 pandemic, the petitioner approached the respondent No.1 with request for enhancement of the compensation on 18.08.2021. 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 15.05.2017 and that a reference for enhanced compensation was maintainable within three years therefrom. However, by - 4 - HC-KAR NC: 2026:KHC:34947 WP No. 20827 of 2026 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. In view of the above, the contentions of the learned counsel for the petitioner that the application could not be filed - 5 - HC-KAR NC: 2026:KHC:34947 WP No. 20827 of 2026 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/JA¯ïDgï/215/2021-22 dated 18.08.2025 passed by 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 permitted to file memo of appearance and Sri.N.Kumar, learned counsel for respondent Nos.2 and 3 is permitted to file Vakalath within a period of ten days. Sd/- (R. NATARAJ) JUDGE HJ/List No.: 1 Sl No.: 17