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2026 DAILYLAW 41846 (KAR)

PRATHAPKUMAR K R, v. SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY

WA/367/2025 · 2026-09-24

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010161542025 NC: 2026:KHC:52767-DB WA No. 367 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT APPEAL NO. 367 OF 2025 (LA-RES) BETWEEN: 1. PRATHAPKUMAR K.R. S/O RAJU S AGED 36 YEARS R/AT GALIHALLI CROSS BACK SIDE OF SJM COLLEGE TARIKERE TOWN AND TALUK CHIKKAMAGALUR DISTRICT - 577 228 …APPELLANT (BY SRI SACHIN B.S., ADVOCATE) AND: 1. SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY NATIONAL HIGHWAY 206 TUMKUR, SHIMOGA CIRCLE SHIVAMOGGA - 577 201 2. UNION OF INDIA REP. BY SECRETARY TO THE DEPARTMENT OF ROAD TRANSPORT AND HIGHWAYS NEW DELHI - 110 001 Digitally signed by K P SWETHA Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010161542025 NC: 2026:KHC:52767-DB WA No. 367 of 2025 3. PRINCIPAL CHIEF CONSERVATOR OF FOREST HEAD OF FOREST FORCE ARANYA BHAVAN 18TH CROSS, MALLESHWARAM BANGALORE - 560 003 4. NATIONAL HIGHWAYS AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT-TUMAKURU HAVING OFFICE AT SRI RAKSHE 80FT ROAD, MAHALAKSHMI NAGAR NEAR KRISHNA COLLEGE, BATAWADI TUMAKURU - 572 103 5. KARNATAKA SOAPS AND DETERGENTS LTD. CHORD ROAD YESHWANTHPUR INDUSTRIAL SUBURB BENGALURU - 560 086 …RESPONDENTS (BY SRI NAGARAJA HEGDE, CGC FOR R-2, SRI K.S. HARISH, GOVERNMENT ADVOCATE FOR R-3 & SMT. SHILPA SHA, ADVOCATE FOR C/R-4) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 29.01.2025 PASSED BY THE LEARNED SINGLE JUDGE IN W.P. No.16604 OF 2022 TO THE EXTENT OF DISALLOWING THE WRIT PETITION AS PRAYED FOR AND CONEQUENTLY ALLOW THE WRIT PETITION IN W.P. NO. 16604 OF 2022 AS PRAYED FOR & ETC. - 3 - HC-KAR CNR: KAHC010161542025 NC: 2026:KHC:52767-DB WA No. 367 of 2025 THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellant has filed the present appeal impugning an order dated 29.01.2025 passed by the learned Single Judge in W.P.No.16604/2022 (LA-RES) determining the compensation payable for sandalwood trees standing on the land which was acquired under the National Highway Act, 1956 [NH Act]. 2. The appellant claims to be an absolute owner of 0.0126 guntas of land in Survey No.28/9 in Haliyur Village, Tarikere Taluk, Chikkamagaluru District. The appellant states that 24 sandalwood trees was standing on the said acquired land. 3. The dispute between the parties essentially relates to the compensation paid for the said trees. The appellant had filed the said writ petition challenging the award dated 25.04.2022 of respondent No.1-Special Land Acquisition Officer. - 4 - HC-KAR CNR: KAHC010161542025 NC: 2026:KHC:52767-DB WA No. 367 of 2025 4. The learned Single Judge had entertained the writ petition, notwithstanding that the writ petitioner (appellant) had a statutory remedy under Section 3G(5) of the NH Act. The impugned order is a common order passed in four writ petitions. The petitioners in one of the connected writ petitions (W.P.No.5000/2023) had filed an appeal (W.A.No.680/2025 (LA-RES) against the impugned order. The said petition was considered by a Co-ordinate Bench of this court and the impugned order has been set aside on the ground of existence of an alternative remedy. The court also permitted the National Highways Authority of India [NHAI] to complete the construction of National Highway No.206. This court has been informed that the trees were cut and are in possession and handed over to the Forest Department in view of the decision rendered by the Co-ordinate Bench in W.A.No.680/2025. 5. We also allow the present appeal and set aside the impugned order with liberty to the parties to avail their remedies under the NH Act. - 5 - HC-KAR CNR: KAHC010161542025 NC: 2026:KHC:52767-DB WA No. 367 of 2025 6. In view of disposal of the appeal, the pending interlocutory application stands disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE KPS, List No.: 2 Sl No.: 13