- 1 - HC-KAR NC: 2026:KHC:21056 WP No. 1776 of 2019 C/W WP No. 5891 of 2021 WP No. 25196 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 1776 OF 2019 (LB-RES) C/W WRIT PETITION NO. 5891 OF 2021 (LB-RES) WRIT PETITION NO. 25196 OF 2023 (LB-RES) IN WP No. 1776/2019 BETWEEN: 1. SRI. VINAYA GANDHI S/O LATE T. T KARIGOWDA AGED ABOUT 58 YEARS RESIDING AT THAMMALAPURA VILLAGE, KASABA HOBLI, DASANAKOPPALU POST, HASSAN TALUK, HASSAN DISRICT - 573201 …PETITIONER (BY SRI. N.S BHAT ,ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY BY ITS URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, DR AMBEDKAR VEEDHI BENGALURU - 560001 2. HASSAN URBAN DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER B M ROAD NEAR GURU THEATER HASSAN - 573201 Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21056 WP No. 1776 of 2019 C/W WP No. 5891 of 2021 WP No. 25196 of 2023 3 THE EXECUTIVE ENGINEER PUBLIC WORK DEVELOPMENT, HASSAN, DIVISION, BM ROAD, HASSAN, HASSAN DISTRICT - 573201. …RESPONDENTS (BY SMT. CHANDINI. S. HCGP FOR R1 & R3; SRI. A. RAVISHANKAR, ADVOCATE FOR R2) THIS WP FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE RESPONDENTS ON 13.04.2017 GOVERNMENT ORDER NO.NAE/305/MYAPARA 2014 BANGALORE AND ALSO QUASH THE ALLEGED MASTER PLAN DATED 13.04.2017, SO FAR AS SY.NO.46/2 CONCERNED SITUATED AT THAMMALAPURA VILLAGE, KASABA HOBLI, HASSAN, VIDE ANNEXURE-C AND D. IN WP NO. 5891/2021 BETWEEN: 1. SMT DEVEERAMMA W/O LATE T K THIMMEGOWDA AGED ABOUT 65 YEARS R/AT THAMMALAPURA VILALGE KASABA HOBLI, DASARAKOPALU LPOST HASSAN TALUK, HASSAN DISTRICT 573201 ...PETITIONER (BY SRI. N S BHAT.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY URBAN DEVELOPMET DEPARTMENT VIKASA SOUDHA DR. B.R. AMBEDKAR VEEDHI, BANGALORE 560001 - 3 - HC-KAR NC: 2026:KHC:21056 WP No. 1776 of 2019 C/W WP No. 5891 of 2021 WP No. 25196 of 2023 2. HASSAN URBAN DEVELOPMETN AUTHORITY REPRESENTED BY ITS COMMISSIONER B.M ROAD, HASSAN 573201 3. THE EXECUTIVE ENGINEER PUBLIC WORK DEVELOPMENT HASSAN DIVISION, B.M. ROAD, HASSAN 573201 ...RESPONDENTS (BY SMT. CHANDINI S, HCGP FOR R1 & R3; SRI. A. RAVISHANKAR, ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE ORDER PASSED BY THE RESPONDENTS ON 13.04.2017 GOVERNMENT ORDER NO.nae/305/myapara 2014 BANGALORE ISSUED BY R-1 AND ALSO QUASH THE ALLEGED MASTER PLAN NaAaEe/305/myapara 2014 DTD 13.04.2017 ISSUED BY R-2 SO FOR AS SCHEDULE PROPERTIES OF THE PETITIONER IS CONCERNED SITUATED AT THAMLAPURA VILLAGE, KASABA HOBLI, VIDE ANNX-G AND H. IN WP NO. 25196/2023 BETWEEN: 1. VINAY GANDHI S/O T.T. KARIGOWDA, AGED ABOUT 53 YEARS, R/O TAMLAPURA, KASABA HOBLI, TALUK HASSAN, DISTRICT HASSAN. ...PETITIONER (BY SRI. N S BHAT.,ADVOCATE) AND: 1. COMMISSIONER HASSAN URBAN DEVELOPEMENT AUTHORITY, - 4 - HC-KAR NC: 2026:KHC:21056 WP No. 1776 of 2019 C/W WP No. 5891 of 2021 WP No. 25196 of 2023 P.B. NO.133, OPP GURU THEATRE, B M ROAD, HASSAN-573201. 2. THE SECRETARY URBAN DEVELOPMENT DEPARTMENT, GOVERNMENT OF KARNATAKA, M.S.BUILDING, BENGALURU-560001 3. DIRECTOR TOWN PLANNING AUTHORITY, HASSAN-573201 4. THE DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN-573201 ...RESPONDENTS (BY SRI. RAVISHANKAR A.,ADVOCATE FOR R1 TO R3; SMT. CHANDINI S. HCGP FOR R4) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS COMMANDING / DIRECTING THE COMMISSIONER, HASSAN URBAN DEVELOPMENT AUTHORITY THE R1 TO CONSIDER THE REQUEST OF THE PETITIONER REGARDING ALLOTMENT OF SITE MEASURING 145 X 69 IN LIEU OF PAYMENT OF COMPENSATION FOR THE LAND SY. NO. 77/4 MEASURING 0-7-0 (80 X 300 SQ. FT. ACQUIRED TO C.D.P. ROAD & ETC., THIESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2026:KHC:21056 WP No. 1776 of 2019 C/W WP No. 5891 of 2021 WP No. 25196 of 2023 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The properties belonging to the families of the petitioners have been utilized by the State for the formation of a public road without acquiring the same in the manner known to law. Subsequently, the same has been handed over to the Hassan Urban Development Authority for maintenance, which is the ultimate beneficiary of the same. 2. Aggrieved by the action of the respondents in not granting compensation to the petitioners for utilizing the land without acquisition, the present writ petitions are filed. 3. No person can be divested of his property without following the procedure established by law and without paying the due compensation. Further, the compensation by way of an alternative site or monetary compensation or transfer of development rights should be as desired by the petitioners and the State cannot coerce the land losers to accept compensation in the manner as desired by the State. - 6 - HC-KAR NC: 2026:KHC:21056 WP No. 1776 of 2019 C/W WP No. 5891 of 2021 WP No. 25196 of 2023 4. In the instant cases, admittedly, the petitioners are desirous of obtaining a monetary compensation. If there is any dispute regarding the ownership of the property utilized for the formation of the road, then in that event, the State is required to deposit the money before the Reference Court upon passing an award. 5. Further, as it is admitted that the properties of the petitioners have been utilized without acquisition, the interest of justice requires that the petitioners be duly compensated by fixing the date of determination of the award as on today. Hence, the following:- ORDER i. The writ petitions are accordingly, disposed of. ii. The respondents are hereby directed to pass an award in respect of the private lands belonging to the petitioners or their families, which have been utilized for the formation of a road without acquisition, by determining the amount as on today (16.04.2026). - 7 - HC-KAR NC: 2026:KHC:21056 WP No. 1776 of 2019 C/W WP No. 5891 of 2021 WP No. 25196 of 2023 iii. If there is no dispute as to the ownership of the property, then in that event, the concerned authority shall disburse the compensation in favour of the claimants. If there is any dispute as to the ownership of the property, the authority concerned shall deposit the award amount before the Reference Court. iv. If there is no dispute as to ownership and the owner of the property is willing to accept an alternative site, the concerned Authority is at liberty to compensate them by offering an alternative site. v. The above referred exercise shall be completed by the concerned authority within a period of three months from today. vi. Pending interlocutory applications, if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 55