- 1 - HC-KAR NC: 2026:KHC-D:1224 WP No. 103626 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 30TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 103626 OF 2022 (LA-RES) BETWEEN: BASAVARAJ S/O. SHIVASANGAPA KADAPATTI AGE: 62 YEARS, OCC. BUSINESS, R/O. HUNAGUND, DIST: BAGALKOT. …PETITIONER (BY SRI. LAXMAN T.MANTAGANI, ADVOCATE) AND: 1. UNION OF INDIA REPRESENTED BY DIRECTOR OF NATIONAL HIGHWAY AUTHORITY OF INDIA, DEPARTMENT OF PLANNING IMPLEMENTATION, PLOT NO.65, KOTHARI LAYOUT, VENKATESH NAGAR, KALABURGI-585103. 2. SPECIAL LAND ACQUISITION OFFICER, NATIONAL HIGHWAY AUTHORITY OF INDIA, VIJAYAPURA-586101. 3. EXECUTIVE ENGINEER NATIONAL HIGHWAY DIVISION, VIJAYAPURA-586101. 4. SPECIAL LAND ACQUISITION OFFICER NATIONAL HIGHWAYS, MINI VIDHAN SOUDHA, DHARWAD-580001. 5. ASSISTANT EXECUTIVE ENGINEER, NATIONAL HIGHWAYS SUB-DIVISION, HUNAGUND, DIST: BAGALKOT-587118. …RESPONDENTS (BY SRI. SHIVASAI M.PATIL, ADVOCATE) MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.02 10:01:37 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1224 WP No. 103626 of 2022 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NO.1 AND 2 AUTHORITIES TO INITIATE ACQUISITION PROCEEDINGS IN RESPECT OF THE LAND MEASURING AN AREA OF 441.75 SQ. MTRS. IN CTS NO. 2757/B/4 AND 25.50 SQ.MTRS. IN CTS NO. 2757/B/5 AND TO AN EXTENT OF 40 MTRS ( 1448 SQ. MTRS ) FROM THE CENTRE LINE OF THE ROAD IN THE LAND BEARING CTS NO.2757/B/4 AND CTS NO.2757/B/5, SITUATED ABUTTING TO NH-13 OF HUNAGUND DATED 14/08/2019 VIDE ANNEXURE-D IN RESPECT OF THE LAND SITUATED IN WARD NO.5 VIDYANAGAR, HUNAGUND TOWN AND BE DIRECTED TO DETERMINE THE AMOUNT OF COMPENSATION AND ETC. THIS PETITION, COMING ON FOR ORDER, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER The petitioner has approached this Court seeking a writ of mandamus and consequential reliefs in respect of land bearing CTS No.2757/B/4 measuring 441.75 square meters and CTS No.2757/B/5 measuring 25.50 square meters, situated at Vidyanagar, Hunagund Taluk, Bagalkot District, contending that the said land have been utilized for the formation of NH-13 (now NH-50) bypass road without initiating acquisition proceedings and without payment of compensation. - 3 - HC-KAR NC: 2026:KHC-D:1224 WP No. 103626 of 2022 Brief facts: 2. The petitioner is the owner of the aforesaid CTS properties, derived from Sy.No.323/1+2+3/2B, which stood converted to non-agricultural use in the year 1963 and subsequently, allotted to the petitioner under a registered family arrangement. For construction of NH-13, acquisition proceedings were initiated in respect of adjoining lands in the year 1979 and compensation was paid to the then land owners. 3. It is a case of the petitioner that during execution of the bypass road, there was a change of alignment, and portions of the petitioner's CTS lands came to be utilized for formation of the road, without initiating any acquisition proceedings and without payment of compensation. The petitioner became aware of such utilization when he applied for building permission in the year 2019 and was directed to maintain a setback of 40 meters from the central line of the highway. - 4 - HC-KAR NC: 2026:KHC-D:1224 WP No. 103626 of 2022 4. Pursuant to the representations made by the petitioner, a survey was conducted in the presence of National Highways Authority of India (NHAI) officials, which confirmed utilization of 441.75 square meters in CTS No.2757/B/4 and 25.50 square meters in CTS No.2757/B/5, despite repeated representations and an earlier order passed by this Court directing consideration of the grievance, the respondents did not initiate acquisition proceedings, leading to the present writ petition. 5. Learned counsel for the petitioner submits that the respondents have admittedly utilized the petitioner's lands for a public purpose without following the procedure established by law, in violation of Article 300A of the Constitution of India. It is contended that the survey report and the internal correspondence of the respondents clearly admit utilization of the petitioner's lands. Due to the change of alignment, compensation has been arbitrarily denied. - 5 - HC-KAR NC: 2026:KHC-D:1224 WP No. 103626 of 2022 6. It is further contended that compensation paid to the adjoining land owners pursuant to 1979 acquisition cannot be treated as compensation for the petitioner's lands which was never notified or acquired. The plea of delay is unsustainable, as the petitioner became unaware of the unauthorized utilization only in 2019 and has been diligently pursuing remedies thereafter. The impugned endorsement rejecting the petitioner's claim is therefore arbitrary, contrary and liable to be quashed. 7. Learned counsel for the respondents contends that the matter in question was already covered under the acquisition proceedings initiated in the years 1976-1979 for construction of NH-13 and that compensation was paid to the land owners. It is submitted that no lands belonging to the petitioner have been utilized beyond the acquired extent and that granting compensation again would amount to double compensation. The respondents further contend that the petitioner's claim is barred by delay and laches, as the acquisition proceedings concluded more than four decades - 6 - HC-KAR NC: 2026:KHC-D:1224 WP No. 103626 of 2022 ago. It is also contended that the NHAI is only in possession of land already vested with it pursuant to the Government notification and is not liable to initiate any fresh acquisition. 8. This Court has carefully considered the contentions urged and perused the material on record. The following aspects emerged unequivocal. 9. The respondents have taken a categorical stand that the lands in question stood acquired under Notifications issued in the year 1976-1979 and the compensation was paid to the then land owners. However, this stand is irreconcilable with their own contemporaneous records and conduct. Annexure-C, annexed to the writ petition evidenced that while considering the petitioner's request for building permission, the authorities directed petitioner to maintain a setback of 40 meters from the center line of NH- 13 (NH-50). 10. The issuance of such direction is an unequivocal admission that the petitioner's CTS lands are affected by - 7 - HC-KAR NC: 2026:KHC-D:1224 WP No. 103626 of 2022 the highway and its alignment. Once the respondents impose regulatory instructions treating the lands as part of the highway influence zone, they cannot deny utilization or impact. Annexure-C therefore, negates the plea that the petitioner's land is unconnected with the highway project. Annexures-E and F from the core admitted material. The survey was conducted in the presence of the officials of NHAI and clearly records utilization of 441.75 square meters in CTS No.2757/B/4 and 25.50 square meters in CTS No.2757/B/5. The factum of survey, participation of NHAI officials and the recorded extents are not denied. These documents conclusively establish that the specific and identifiable portions of the petitioner's lands were utilized for formation of the bypass. Further, the internal department communication-Annexure-G directs the petitioner to approach the NHAI after upgradation of NH-13. This document is significant as it fixes responsibility on the NHAI and records that the issue arises out of the National Highway Project. - 8 - HC-KAR NC: 2026:KHC-D:1224 WP No. 103626 of 2022 11. A conjoint reading of all the Annexures clearly establishes that the petitioner's lands were utilized for public purpose due to change of alignment, without acquisition and without payment of compensation. The survey conducted in the year 2019 clearly establishes that the lands belonging to the petitioner were utilized for formation of NH-13 (NH-50) bypass. 12. If as contended by the respondents, the petitioner's lands were already covered under acquisition proceedings of 1979, there was no occasion for respondents to issue survey notices, conduct joint surveys or exchange internal correspondence between 2019-2022 acknowledging realignment and directing verification of utilization. The correspondence placed on record clearly shows that the respondents themselves were uncertain as to whether the petitioner's lands had been acquired and sought clarification from the Special Land Acquisition Officer (SLAO). - 9 - HC-KAR NC: 2026:KHC-D:1224 WP No. 103626 of 2022 13. Further, while asserting that no lands of the petitioner were utilized beyond the acquired extent, the respondents simultaneously imposed setback restriction of 40 meters from the center line of the highway on the petitioner's CTS lands, thereby restricting his right to construct. Once, the respondents treat the petitioner's lands as affected by Highway alignment for regulatory purposes, they cannot, in the same breath, deny utilization or liability to acquire. 14. The plea of “double compensation”, is equally untenable. Compensation admittedly paid to the adjoining land owner pursuant to 1979 award cannot absolve the respondents of their constitutional obligation to compensate the petitioner, whose land was subsequently utilized due to the change of alignment. Payment of compensation to one land owner cannot extinguish the rights of another land owner whose property is later taken for the public purpose. - 10 - HC-KAR NC: 2026:KHC-D:1224 WP No. 103626 of 2022 15. The objection based on delay and laches is also without merit. It is demonstrated by the petitioner that the petitioner became aware about the unauthorized utilization only when the building permission was sought in 2019, whereupon he immediately submitted representation, sought survey, approached this Court. The cause of action is thus a continuous in nature, arising from ongoing deprivation of the petitioner without acquisition and compensation. The respondents, therefore cannot be permitted to approbate and reprobate, on the one hand relying upon the survey reports and correspondence admitting utilization of the petitioner's lands due to realignment, and on the other hand denying liability by placing reliance on an old acquisition relating to a different exchange and different ownership. Utilization of private land for public purpose without initiating acquisition proceedings and without payment of common compensation is impermissible in law and is in clear violation of Article 300A of the Constitution of India. - 11 - HC-KAR NC: 2026:KHC-D:1224 WP No. 103626 of 2022 16. The material on record establishes that the petitioner's lands were utilized without acquisition and denial of compensation is arbitrary, accordingly this Court has no hesitation in holding that the objections raised by the respondents are contrary to record and untenable warranting interference. Accordingly, this Court pass the following: ORDER ii. The writ petition allowed. iii. The respondent-authorities are directed to initiate acquisition proceedings in accordance with law in respect of land bearing CTS No.2757/B/4 measuring 441.75 square meters and CTS No.2757/B/5 measuring 25.50 square meters, situated at Vidyanagar, Hunagund Taluk, Bagalkot District, which have been - 12 - HC-KAR NC: 2026:KHC-D:1224 WP No. 103626 of 2022 utilized for formation of NH-13 (now NH- 50) bypass road. iv. The respondent- authorities shall determine the market value of the aforesaid lands and pass an award granting compensation together with all statutory benefits, including solatium and interest as applicable under law. v. The entire exercise of initiation of acquisition proceedings and passing of the award shall be completed within a period three months from the date of receipt of a copy of this order. vi. It is clarified that the utilization of the petitioner's lands for public purpose without acquisition and without payment of compensation is impermissible and the - 13 - HC-KAR NC: 2026:KHC-D:1224 WP No. 103626 of 2022 petitioner shall be entitled to compensation strictly in accordance with law. vii. Pending applications, if any, do not survive for consideration. Sd/- JUSTICE K.S.HEMALEKHA AT Ct:VH List No.: 1 Sl No.: 49