- 1 - HC-KAR CNR: KAHC010255662024 NC: 2026:KHC:39349 WP No. 13870 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 13870 OF 2024 (LA-RES) BETWEEN: 1. G. SHIVANAGOWDA S/O G. RAMAPPA, AGED ABOUT 72 YEARS, R/AT PROPERTY NO.8-7-47, WARD NO.12, TAMMINAKATTE ROAD, HONNALI-577217. 2. MAHESH KUMAR K.J. S/O LATE JAYADEVAPPA, AGED ABOUT 52 YEARS, R/AT PROPERTY NO.5-6-149 WARD NO.3, KUMBARABEEDI, TAMMINKATTE ROAD, HONNALI-577217. [PETITION AGAINST PETITIONER NOS.1 AND 2 IS DISMISSED VIDE ORDER DATED 03.07.2026] 3. KUMAR M. RAIKAR S/O K. MAHABALESHWARA RAIKAR AGED ABOUT 56 YEARS R/AT HONNALLI TOWN, HALEPETE, HONNALI-577 217. 4. MALLIKARJUNAPPA KORI S/O KORI SHIVARUDRAPPA AGED ABOUT 57 YEARS R/AT HKS COMPLEX, OPP PRIVATE BUS STAND, HONNALI-577 217. Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010255662024 NC: 2026:KHC:39349 WP No. 13870 of 2024 5. MAHESHWARAPPA NANDI S/O NANDI BASAPPA AGED ABOUT 62 YEARS R/AT HALEPETE, TAMMINAKATTE ROAD, HONNALI-577 217. 6. K.M.SHIVANANDASWAMY S/O K.M.RAJASHEKARAIAH AGED ABOUT 51 YEARS, R/AT HONNALI TOWN, KOTE 1ST CROSS, HONNALI-577 217. [PETITION AGAINST PETITIONER NOS.4 TO 6 IS DISMISSED VIDE ORDER DATED 03.07.2026] 7. ROOPA. H.K W/O KARISIDDAPPA AGED ABOUT 39 YEARS, R/AT T.M. ROAD, HONNALI-577 217 8. SATHISH BARGHAV S/O GOPALA RAO AGED ABOUT 64 YEARS R/AT HONNALI TOWN TAMMINAKATTE ROAD HONNALI-577 217. [PETITION AGAINST PETITIONER NOS.7 AND 8 IS DISMISSED VIDE ORDER DATED 03.07.2026] …PETITIONERS (BY SRI. B. VACHAN, ADVOCATE FOR SRI. SANDESH P. NADIGER, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY TO URBAN DEVELOPMENT DEPARTMENT MULTISTORIED BUILDING BENGALURU-560 001. - 3 - HC-KAR CNR: KAHC010255662024 NC: 2026:KHC:39349 WP No. 13870 of 2024 2. THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT DAVANAGERE-577 002. 3. THE ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER DAVANAGERE SUB-DIVISION DAVANAGERE-577 002 4. THE CHIEF OFFICER HONNALI TOWN PANCHAYATH HONNALI-577 002 DAVANAGERE DISTRICT. 5. THE KARNATAKA ROAD DEVELOPMENT CORPORATION LTD. NO.18/J, MILLAR TANK BED AREA, THIMMAIAH ROAD CROSS, BENGALURU-560 052. RESPONDENT NO.5 IS DELETED AS PER COURT ORDER DATED 08.06.2026. 6. KARNATAKA STATE HIGHWAYS IMPROVEMENT PROJECT (KSHIP-III) PROJECT IMPLEMENTATION UNIT, 1ST FLOOR, PWD ANNEXE BUILDING, K.R.CIRCLE, BENGALURU-560001. REPRESENTED BY THE PROJECT DIRECTOR MR. RAVINDRANATH C. AMENDED AS PER COURT ORDER DATED 28.11.2025 …RESPONDENTS (BY SMT. POOJA M. KOORSE, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NOS.1 TO 3; SRI. P.K.SHRIKARA, ADVOCATE FOR SRI. GEORGE JOSEPH, ADVOCATE FOR RESPONDENT NO.6; NOTICE SERVED ON RESPONDENT NO.4 AND UNREPRESENTED; VIDE ORDER DATED 08.06.2026, RESPONDENT NO.5 IS DELETED) - 4 - HC-KAR CNR: KAHC010255662024 NC: 2026:KHC:39349 WP No. 13870 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE PORTION OF NOTIFICATION IN ANNEXURE -A BEARING NO. LOE/E-126/EAP/2021 DATED 30.06.2022, WITH RESPECT TO PLAN OF KSHIP/GADAG/HONNALI OF HONNALI VILLAGE, HONNALI TALUK IN THE DETAILED PROJECT REPORT OF KSHIP-III AT HONNALI VILLAGE TO AN EXTENT OF 2 ACRES 23.25 GUNTAS IN HONNALI CITY (ANNEXURE-A) IN SO FAR AS PETITIONER IS CONCERNED AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioners have sought for a writ in the nature of certiorari to set aside the portion of the notification bearing No.LoE/E-126/EAP/2021 dated 30.06.2022 in so far as it relates to the land measuring 02 acres 23.25 guntas, issued for the purpose of development of the Gadag - Honnalli road. They have also sought for a writ in the nature of mandamus to direct the respondents not to take any steps to demolish the construction on the scheduled properties belonging to them. The consideration of this writ petition is only restricted to petitioner No.3 as the other petitioners have conceded to the acquisition. - 5 - HC-KAR CNR: KAHC010255662024 NC: 2026:KHC:39349 WP No. 13870 of 2024 2. (i) The petitioner No.3 contends that respondent No.1 proposed to develop 2,414 k.m. of road with the assistance of the World Bank. After the successful implementation of K-Ship-I, it was decided to take up the Karnataka State Highway Improvement Project-III (K-Ship-III) from Gadag to Honnali by laying a two way paved State Highway - 57 from k.m. 105.500 to k.m. 205.290 and State Highway-26 from k.m. 215.335 to k.m. 253.713. Respondent No.1 vide order dated 28.12.2017 granted approval for taking up the K-Ship-III works. A detailed project report-cum- Transaction Advisory Service for K-Ship-III was prepared, and the land acquisition plan for Davangere District was also formalized. (ii) The petitioner No.3 contends that he is concerned with the plan of K-Ship/Gadag - Honnali project. He contends that in the detailed project report for K-Ship-III, it is stated that an extent of 02 acres 23.25 guntas in Honnalli Village is to be acquired. The petitioner No.3 contends that a notification dated 30.06.2022 was issued and published in the Gazette on 01.07.2022 under Section 15 of the Karnataka State Highways - 6 - HC-KAR CNR: KAHC010255662024 NC: 2026:KHC:39349 WP No. 13870 of 2024 Act, 1964, where his property is shown, which is described below: 1) Petitioner No.3 - municipal property bearing No.1759/1440/1243, RCC House 26.97 sq.mtrs and also municipal property bearing No.1760/1440/1243/1, RCC House 81.25 sq.mtrs; The petitioner No.3 has therefore assailed the said notification and has sought for direction to the respondents not to take any precipitative action to demolish the construction. 3. 3. The learned counsel for the petitioner No.3 submits that respondent No.1 has failed to comply with the fundamental requirement of law before initiating the acquisition proceedings, in as much as, it has failed to issue a notification under Section 7 of the Karnataka State Highways Act, 1964 prescribing the boundaries of the control line and the building line. He submits that the said requirement is fundamental to an acquisition under the Karnataka State Highways Act and therefore, the entire acquisition is liable to be set at naught. 4. The learned counsel for respondent No.6 has filed an application for vacating the interim order of stay, where it is - 7 - HC-KAR CNR: KAHC010255662024 NC: 2026:KHC:39349 WP No. 13870 of 2024 stated that a substantial portion of the highway is completed and that the work that remains incomplete is only in respect of the property of the petitioner No.3. It is also contended that except the petitioner No.3 all other petitioners have consented to the acquisition and their lands have already been utilised for the formation of the highway. He submits that a notification under Section 7 of the Karnataka State Highways Act, 1964 is not issued. However, he submits that this would not prevent the respondents from taking steps to issue a fresh notification in respect of the property belonging to the petitioner No.3. He therefore prays that the notification be upheld and submits after securing instructions from respondent No.6 that the date for determination of compensation be moved to a further date, so that the petitioner No.3 would get the benefit of enhanced compensation. 5. In view of the above and having regard to the fact that petitioner Nos.1, 2, 4, 5, 6, 7 and 8 have all consented to the acquisition and have allowed the highway to be formed in their respective lands, it would be improper to leave out the - 8 - HC-KAR CNR: KAHC010255662024 NC: 2026:KHC:39349 WP No. 13870 of 2024 land of the petitioner No.3 and thereby create a bottleneck in the highway. 6. Having regard to the statement made by the learned counsel for the respondent No.6 that the date for determination of compensation be moved to a later date so as to confer the benefit of higher compensation to petitioner No.3, this petition is disposed of by directing respondent No.6 to determine the compensation payable in respect of the property of the petitioner No.3 including the construction thereon, if any, as on the date of disposal of this writ petition. The respondent No.6 shall prepare an inventory of the structures that exist on the property belonging to the petitioner No.3 and also conduct a joint measurement to identify the property of the petitioner No.3 required for the highway. After a joint measurement and marking the property required, the respondents shall proceed with the widening of the highway in the property of petitioner No.3. - 9 - HC-KAR CNR: KAHC010255662024 NC: 2026:KHC:39349 WP No. 13870 of 2024 7. Simultaneously, the respondent No.6 shall determine the compensation payable to petitioner No.3 in accordance with the provisions of the Right to Fair Compensation And Transparency in Land Acquisition, Rehabilitation And Resettlement Act, 2013 and at market value as on today and pay the compensation to the petitioner No.3 within a period of one month from the date of receipt of a copy of this order. In order to ensure payment of the compensation to the petitioner No.3, list on 28.08.2026. 8. In view of disposal of main petition, pending interlocutory applications if any do not survive for consideration and same stand rejected. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 27