DILIPKUMAR vs. THE STATE OF KARNATAKA,

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 22ND DAY OF DECEMBER, 2021 BEFORE THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR W.P Nos.108208 -108209 /2016 (LA-RES) C/W W.P No.104784/2016, WP No.106158/2016, W.P No.106159/2016, W.P No.106157/2016, W.P No.107889/2016, W.P Nos.109564 - 109565/2016, W.P No.112114/2017, W.P No.112263/2017, W.P Nos.104989-990/2018, W.P No.106557/2015, W.P Nos.106269-106270/2015, W.P No.103770/2015, W.P No.104783/2016, W.P No.104728/2016, W.P No.104025/2016, W.P No.103548/2016, W.P Nos.103486-103488/2016, W.P No.103319/2016, W.P No.102905/2016, W.P No.103019/2016, W.P No.102904/2016, W.P No.103451/2016, W.P No.103447/2016, W.P No.104785/2016, W.P No.103380/2016, W.P No.101172/2016, W.P No.106558/2015, W.P Nos.100431-100435/2016, W.P Nos.103479-103481/2016, W.P Nos.103483-103484/2016, W.P No.103485/2016 AND W.P No.103482/2016

IN W.P.Nos.108208/2016 & 108209/2016:

BETWEEN:

SRI ARUN VENKANNA NAVALI, AGED ABOUT 49 YEARS, OCCUPATION: BUSINESS, R/AT:OLD INCOME TAX OFFICE ROAD, VIDYANAGAR, HUBBALLI. ...PETITIONER

(BY SRI GANGADHAR R GURUMATH, SR. ADVOCATE FOR SRI MALLIKARJUNSWAMY B HIREMATH, ADVOCATE)

AND:

(BY SRI G.I.GACHCHINAMATH, ADVOCATE FOR R1, SRI C.V.ANGADI, ADVOCATE FOR R2, SRI SHIVAPRABHU HIREMATH, AGA FOR R3)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A.QUASH ENDORSEMENT DATED: 03.09.2016, ISSUED BY RESPONDENT NO.2 DATED:03.09.2016, WHICH IS PRODUCED AT ANNEXURE-M.

IN W.P No.104784/2016:

BETWEEN:

(NOTE: PETITIONER 1 AND 2 ARENOT CLAIMING SENIOR CITIZEN BENEFITS )

(BY SRI SHIVASAI M PATIL, ADVOCATE)

AND:

TQ AND DIST: DHARWAD -580009.

(CAUSE TITLE AMENDED AS PER ORDER DATED:24.11.2016) ....RESPONDENTS

(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1, SRI C.V.ANGADI, ADVOCATE FOR R2 AND R4, SRI B.SHARANABASAWA, ADVOCATE FOR R5, SMT.SEEMA SHIVA NAIK, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS TO THE 2ND RESPONDENT TO COMPLETE THE PROCESS OF AWARDING AND MAKING PAYMENT OF COMPENSATION TO THE PETITIONER FOR HAVING ACQUIRED HIS LAND BEARING SY.NO.5/3 AND SY.NO.5/4 MESURING TO AN EXTENT OF 2 GUNTAS 10 ANNAS SITUATED AT AMARGOL VILLAGE DHARWAD, HAVING NOT ACQUIRED UNDER THE NOTIFICATION DATED: 10.09.2012 FOR THE PURPOSE OF FORMATION OF FOUR WAY LINE ROAD (MANGASULI-LAKSHMESHWARA) IN STATE HIGH WAY NO.73.

IN W.P No.106158/2016:

BETWEEN:

SANTOSH, S/O CHANDRAKANT JANAMANE, AGED 47 YEARS, OCC: BUSINESS, R/O 'KAMAL KUNJA' BUILDING, YALLAKISHETTAR COLONY, P.B.ROAD, DHARWAD. ...PETITIONER

(BY SRI GANGADHAR R GURUMATH, SR. ADVOCATE)

AND:

BY ITS PRINCIPAL SECRETARY.

... RESPONDENTS

(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1, SRI C.V.ANGADI, ADVOCATE FOR R2, R3 AND R4 SRI R.H.ANGADI, ADVOCATE FOR R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I.QUASH THE IMPUGNED ENDORSEMENT AT ANNEXURE-X DATED: 18.06.2016, ISSUED BY 4TH RESPONDENT.

IN W.P No.106159/2016:

BETWEEN:

ANAND, S/O CHANDRAKANT JANAMANE, AGED 44 YEARS, OCC: BUSINESS, R/O 'KAMAL KUNJA' BUILDING,

YALLAKISHETTAR COLONY, P.B. ROAD, DHARWAD. ...PETITIONER

(BY SRI GANGADHAR R GURUMATH, SR.COUNSEL FOR SRI MALLIKARJUNSWAMY B HIREMATH, ADVOCATE)

AND:

(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1, SRI C.V.ANGADI, ADVOCATE FOR R3 AND R4 SRI R.H.ANGADI, ADVOCATE FOR R5, R2 SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I.QUASH THE IMPUGNED ENDORSEMENT AT ANNEXURE-Y DATED: 18.06.2016, ISSUED BY 4TH RESPONDENT.

IN W.P No.106157/2016:

BETWEEN:

SHARDABAI, W/O CHANDRAKANT JANAMANE, AGED 73 YEARS, OCC: HOUSEHOLD, R/O 'KAMAL KUNJA' BUILDING, YALLAKISHETTAR COLONY, P.B.ROAD, DHARWAD. ...PETITIONER

(BY SRI GANGADHAR R GURUMATH, SR.COUNSEL FOR SRI MALLIKARJUNSWAMY B HIREMATH, ADVOCATE)

AND:

(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1, SRI C.V.ANGADI, ADVOCATE FOR R2,R3 AND R4 SRI R.H.ANGADI, ADVOCATE FOR R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I.QUASH THE

IMPUGNED ENDORSEMENT AT ANNEXURE-Y DATED: 18.06.2016, ISSUED BY 4TH RESPONDENT.

IN W.P No.107889/2016:

BETWEEN:

SMT.RUKMINI @ RUKMINIBAI, W/O SHRIDHAR KALAL, AGED ABOUT 62 YEARS, OCC: HOUSE-WIFE,R/O NEAR LAXMI TALKIES BHOVI GALLI, DHARWAD, TQ AND DIST: DHARWAD - 580 008.

...PETITIONER

(BY SRI VIDYASHANKAR G DALWA, ADVOCATE) AND:

(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1, SRI V.C.AINAPUR, ADVOCATE FOR R2 SRI C.V.ANGADI, ADVOCATE FOR R3 - R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECT THE RESPONDENT NOS.2 TO PASS AWARD AS PER SECTION 28 OF KARNATAKA STATE HIGH WAY ACT AND TO PAY LEGAL COMPENSATION TO THE PETITIONER AND ETC.,

IN W.P.Nos.109564 - 109565/2016:

BETWEEN:

(BY SRI GANGADHAR R GURUMATH, SR. COUNSEL FOR SRI MALLIKARJUNSWAMY B HIREMATH, ADVOCATE)

AND:

RAYAPUR, DHARWAD, BY ITS MANAGING DIRECTOR.

(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1 & R2, SRI C.V.ANGADI, ADVOCATE FOR R3 AND R4, SRI B SHARANABASAWA, ADVOCATE FOR R5)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) QUASH THE IMPUGNED ENDORESMENT AT ANNEXURE-T DATED 13.10.2015 BEARING NO.KRDCL/BHU SWA/2015-16/543 ISSUED BY 4TH RESPONDENT AND ETC.,.

IN W.P.No.112114/2017:

BETWEEN:

SMT.ANJANA, W/O BASAVARAJ BAVALATTI, AGE: 53 YEARS, OCC: HOUSEWIFE, R/O NO.642, SECTOR 10, ANJANEYANAGAR MALAMARUTI EXTENSION, BELAGAVI. ...PETITIONER

(BY SRI K.L.PATIL, ADVOCATE)

AND:

CORPORATION LTD., HDBRTS OFFICE FIRST FLOOR, KSFC BUILDING RAYAPUR, DHARWAD.

(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1, SRI C.V.ANGADI, ADVOCATE FOR R2, SRI G.I.GACHCHINAMATH, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE LETTER NO.HDMC/50/05/2014/BRTS/942 DATED: 12.03.2014 ISSUED BY AUTHORITIES RESPONDENT NO.3 AS PER ANNEXURE-E AND ETC.,

IN W.P.No.112263/2017:

BETWEEN:

DHARWAD, HAVERI, GADAG & UTTAR KANNAD DISTRICT, CO-OPERATIVE MILK PRODUCERS' SOCIETIES LTD., LAKAMANAHALLI INDUSTRIAL AREA, P.B.ROAD, VIDYAGIRI DHARWAD - 580 004, REPRESENTED BY ITS MANAGING DIRECTOR. ...PETITIONER

(BY SRI K.L.PATIL, ADVOCATE)

AND:

(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1 & R2, SRI G.I.GACHCHINAMATH, ADVOCATE FOR R3, SRI P.N.HALI, ADVOCATE FOR R4, SRI C.V.ANGADI, ADVOCATE FOR R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) QUASH THE AWARD DATED: 23.06.2015 PASSED BY RESPONDENT NO.5 AS PER ANNEXURE-F AND ETC.,

IN W.P.Nos.104989-990/2018:

BETWEEN:

SHRI.DHARMASTHALA MANJUNATHESHWAR, MEDICAL EDUCATIONAL SOCIETY, OLD P.B.ROAD, DHARWAD - 580 001, REPRESENTED BY ITS SECRETARY, V.JEEVANDHAR KUMAR, AGE: 75 YEARS. ...PETITIONER

(BY SMT.ARCHANA A MAGUDUM, ADVOCATE)

AND:

KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 1ST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD - 580 009.

(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R5, SRI C.V.ANGADI, ADVOCATE FOR R1, 2, 3 AND R6, SRI R.H.ANGADI, ADVOCATE FOR R4)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) QUASH THE ENDORSEMENT PASSED THE RESPONDENT NO.1 BEARING NO.KRDCL.LAO/COURT CASE/2015-16/170 DATED: 13.06.2016 PRODUCED AT ANNEXURE-J.

IN W.P No.106557/2015:

BETWEEN:

M/S HEALTHY COUNTRY RESORTS PRIVATE LTD., REGISTERED OFFICE: NO.38, EUREKA JUNCTION, TRAVELLERS BUNGALOW ROAD, HUBLI - 580029, REPRESENTED BY ITS MANAGING DIRECTOR, SRI DINESH R PAI, AGE: 51 YEARS. ... PETITIONER

(BY SRI N.S KINI, ADVOCATE)

AND:

DOLLARS COLONY, NEAR VATSALAYA HOSPITAL, GOKUL ROAD, HUBBALLI - 580 030.

(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1 AND R2 SRI G.V.ANGADI, ADVOCATE FOR R3-R6, SRI G.I.GACHCHINAMATH, ADVOCATE FOR R7 & 8)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT ORDER OR SPECIFIC DIRECTIONS TO DESIST THE RESPONDENT FROM ACQUIRING LAND AS DESCRIBED IN SCHEDULE WITHOUT FOLLOWING DUE PROCESS OF LAW.

IN W.P Nos.106269-106270/2015:

BETWEEN:

RAMESH, S/O SATAPPA KHODANPUR, AGE: 78 YEARS, OCC: BUSINESS, R/O 165/B, DESHAPANDE NAGAR, HUBBALLI- 580 029, DIST: DHARWAD. ...PETITIONER

(BY SRI K.L.PATIL, ADVOCATE) AND:

DIST: DHARWAD.

(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1 AND R4, SRI B SHARANABASAWA, ADVOCATE FOR R2, SRI BHUSHAN B KULKARNI, ADVOCATE FOR R3, SRI C.V.ANGADI, ADVOCATE FOR R5-7)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A.QUASH THE LETTER DATED 10.09.2014 ISSUED BY RESPONDENT NO.2 AS PER ANNEXURE-L AND ETC.

IN WP No.103770/2015:

BETWEEN:

SMT.ROHINI, W/O SURESH PATRAVALI, AGE: 58 YEARS, OCC: BUSINESS/ AGRICULTURE, R/O NARAYANPUR, DHARWAD. ..PETITIONER

(BY SRI K.L.PATIL, ADVOCATE)

AND:

(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1, R2 AND R9 SRI C.V.ANGADI, ADVOCATE FOR R3-R6, SRI B.SHARANABASAWA, ADVOCATE FOR R7, SRI G.I.GACHICHINAMATH, ADVOCATE FOR R8)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE LETTER DATED 03.02.2015 ISSUED BY RESPONDENT NO.5 AS PER ANNEXURE-B AND ETC.,

IN WP No.104783/2016:

BETWEEN:

(BY SRI SHIVASAI M PATIL, ADVOCATE)

AND:

(CAUSE TITLE AMENDED VIDE COURT ORDER DATED: 25.11.2016)

(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1 & R6 SRI C.V.ANGADI, ADVOCATE FOR R2 AND R4, SRI G.K.HIREGOUDAR, ADVOCATE FOR R3, SRI C.H.ANGADI, ADVOCATE FOR R5 )

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS TO THE 2ND RESPONDENT TO COMPLETE THE PROCESS OF AWARDING AND MAKING PAYMENT OF COMPENSATION TO THE PETITIONER FOR HAVING ACQUIRED HIS LAND BEARING SY.NO.172/1 MEASURING 1 GUNTAS 10.25 ANANS, SY.NO.172/2 MEASURING 5 GUNTAS 2 ANANS AND SY.NO.172/3 MEASURING 7 GUNTAS 11.50 ANANS, AND NOT PASSED ANY AWARD SITUATED AT NAVALUR VILLAGE, DHARWAD, AND RESPONDENT NO.2 HAD ISSUED A LETTER TO THE PETITIONERS I.E. DATED: 02.06.2016 MAY KINDLY BE QUASHED AND GIVE DIRECTION TO THE RESPONDENT NO.2 TO

PASS THE AWARD, HAVING NOT ACQUIRED UNDER THE NOTIFICATION DATED: 10.09.2012 FOR THE PURPOSE OF FORMATION OF FOUR WAY LINE ROAD (MANGASULI- LAKSHMESHWARA) IN STATE HIGH WAY NO.73 AND ETC.,

IN W.P No.104728/2016:

BETWEEN:

DILIPKUMAR, S/O BABULAL MUNOTH, AGE: 38 YEARS, OCC: BUSINESS, R/O F-9, FIRST FLOOR, KALYANI COMFORTS, BEHIND JAIN MANDIR, KUSUGAL ROAD, KESHWAPUR HUBBALLI, DHARWAD. ...PETITIONER

(BY SRI K.L.PATIL, ADVOCATE)

AND:

(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1 AND R2 SMT. SHARMILA M PATIL, ADVOCATE FOR R3, SRI C.V.ANGADI, ADVOCATE FOR R4-R7)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) QUASH THE "FINAL INFORMATION LETTER" BEARING NO.HDBRT/Bhu.Swa/R & R/2015-16/128 DATED NIL 2015 ISSUED RESPONDENT NO.6 VIDE ANNEXURE-D AND ETC.,

IN WP NO.104025/2016:

BETWEEN:

BELLAD AND COMPANY, HYUNDAI DIVISION, BHAIRIDEVARKOPPA, HUBBALLI, DISTRICT DHARWAD BY ITS MANAGING PARTNER ARVIND S/O CHANDRAKANT BELLAD. ...PETITIONER

(BY SRI GANGADHAR R GURUMATH, SR. COUNSEL FOR

SRI MALLIKARJUNSWAMY B HIREMATH, ADVOCATE)

AND:

(CAUSE TITLE AMENDED VIDE COURT ORDER DATED: 19.12.2018) ...RESPONDENTS

(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1, SRI C.V.ANGADI, ADVOCATE FOR R2-R4, SRI B SHARANABASAWA, ADVOCATE FOR R5, SRI G.I.GACHCHINAMATH, ADVOCATE FOR R6)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I. QUASH THE IMPUGNED ENDORSEMENT AT ANNEXURE-E DATED 17.06.2015, ISSUED BY 4TH RESPONDENT AND ETC.,

IN W.P No.103548/2016:

BETWEEN:

(BY SRI SHIVARAJ S BALLOLI, ADVOCATE)

AND:

(CAUSE TITLE AMENDED VIDE COURT ORDER DATED: 25.11.2016)

(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1& R6, SRI C.V.ANGADI, ADVOCATE FOR R2 AND R3, SRI G.K.HIREGOUDAR, ADVOCATE FOR R4, SRI R.H.ANGADI, ADVOCATE FOR R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) DIRECT THE RESPONDENTS TO CARRY OUT FRESH SURVEY AND DETERMINE THE EXTENT OF LAND THAT WOULD BE LOST IN PROPOSED ACQUISITION BY CONSIDERING THE TITLE DOCUMENTS VIDE ANNEXURE-A AND ACCORDINGLY PASS CONSENT AWARD IN RESPECT OF PROPERTY BEARING PLOT NO.6 SITUATED IN SURVEY NO.63 TOTALLY MEASURING 6 GTS TO MEET THE ENDS AND ETC.,

IN W.P Nos.103486-103488/2016:

BETWEEN:

(BY SRI K.L.PATIL, ADVOCATE)

AND:

(BY SRI SHIVA PRABHU HIREMATH, AGA FOR R1 AND R2, SRI G.I.GACHCHINAMATH, ADVOCATE FOR R3, SRI C.V.ANGADI, ADVOCATE FOR R4 - R7)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. DIRECT THE RESPONDENT NO.6 TO PASS AWARD AS PER SECTION 28 OF KARNATAKA STATE HIGH WAY ACT AND TO PAY COMPENSATION TO THE PETITIONER.

IN W.P No.103319/2016:

BETWEEN:

M/s KARNATAKA INDUSTRIAL GAGES PVT. LTD. PLOT No.1 SATTUR VILLAGE DHARWAD, REPRESENTED BY ITS CHAIRMAN RAVINDRAGOUDA, S/O NARAYANGOUDA ODUGOUDAR, AGE 45 YEARS, OCC:BUSINESS R/O PLOT No.1 SATTUR VILLAGE DHARWAD.

...PETTIONERS

(BY SRI K.L.PATIL, ADVOCATE)

AND:

(BY SRI SHIVA PRABHU HIREMATH, AGA FOR R1 – R3, SRI B SHARANABASAWA, ADVOCATE FOR R4&5, SMT.SHARMILA M PATIL, ADVOCATE FOR R6, SRI C V ANGADI, ADVOCATE, FOR R7 – R10)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. DIRECT THE RESPONDENT NO.9 TO PASS AWARD AS PER SECTION 28 OF KARNATAKA STATE HIGH WAY ACT AND TO PAY COMPENSATION TO THE PETITIONER & ETC.

IN W.P No.102905/2016

BETWEEN:

TARIQ S/O HABIBBULLA KHAN PATHAN AGE 41 YRS, OCC: BUSINESS R/O LAKAMANHALLI DHARWAD DIST:DHARWAD-580001.

..PETITIONER

(BY SRI SHIVARAJ S BALLOLI, ADVOCATE)

AND:

REPRESENTED BY SECRETARY TO

URBAN DEVELOPMENT DEPARTMENT

504, 5TH FLOOR, 4TH GATE, M S BUILDING

BENGALURU-01.

REPRESENTED BY ITS MANAGING DIRECTOR

DHARWAD, TAL & DIST: DHARWAD – 580001. 3. THE ASSISTANT COMMISSIONER &

SPECIAL LAND ACQUISITION OFFICER

KRDCL RAYAPUR DHARWAD

TAL & DIST: DHARWAD – 580 001.

MUNICIPAL CORPORATION, HARWAD TAL & DIST:DHARWAD – 580 001.

AUTHORITY, REP. BY ITS COMMISSIONER

NAVANAGAR, TAL HUBBALLI, DIST: DHARWAD-580001.

(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1 & R6, SRI C V ANGADI, ADVOCATE FOR R2 & 3 SRI B SHARANABASAVA, ADVOCATE FOR R5 SRI G K HIREGOUDAR, ADVOCATE FOR R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CARRY OUT FRESH SURVEY AND DETERMINE THE EXTENT OF LAND THAT WOULD BE LOST IN PROPOSED ACQUISITION BY CONSIDERING THE REPRESENTATION VIDE ANNEXURE-L AND TITLE DOCUMENTS VIDE ANNEXURE-A AND ACCORDINGLY PASS CONSENT AWARD IN RESPECT OF PROPERTY BEARING PLOT No.14 SITUATED IN SURVEY NO.63/15 TOTALLY MEASURING 4 GUNTAS 1.5 ANNAS AND ETC.

IN W.P No.103019/2016

BETWEEN:

M R SATHYANARAYAN AKALWADI AGE 79 YRS., OCC: BUSINESS R/O LAKAMANHALLI DHARWAD DIST: DHARWAD – 580 001.

..PETITIONER

(BY SRI SHIVARAJ BALLOLI, ADVOCATE)

AND:

REPRESENTED BY SECRETARY TO

URBAN DEVELOPMENT DEPARTMENT

504, 5TH FLOOR, 4TH GATE, M S BUILDING

BENGALURU-01.

REPRESENTED BY ITS MANAGING DIRECTOR

DHARWAD, TAL & DIST: DHARWAD – 580001.

SPECIAL LAND ACQUISITION OFFICER

KRDCL RAYAPUR DHARWAD

TAL & DIST: DHARWAD – 580 001.

HUBLI, DHARWAD

MUNICIPAL CORPORATION

DHARWAD, TAL & DIST:

DHARWAD – 580 001.

AUTHORITY, REP. BY ITS COMMISSIONER

NAVANAGAR, TAL HUBBALLI

DIST: DHARWAD-580001.

DHARWAD, TAL & DIST:

DHARWAD – 580001.

..RESPONDENTS

(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1 & R6, SRI C V ANGADI, ADVOCATE FOR R2 & 3 SRI BHUSHAN B KULKARNI, ADVOCATE FOR R4 SRI R H ANGADI, ADVOCATE FOR R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS AND DETERMINE THE EXTEND OF LAND THAT WOULD BE LOST IN PROPOSED ACQUISITION BY CONSIDERING THE REPRESENTATION/OBJECTION VIDE ANNEXURE-D AND ACCORDINGLY PASS CONSENT AWARD IN RESPECT OF PROPERTY BEARING PLOT No.10 SITUATED IN SURVEY No.63/9 TOTALLY MEASURING 6 GUNTAS 3.75 ANNAS & ETC.

IN W.P No.102904/2016

BETWEEN:

DEEPAK S/O SHRIKANT GAONKAR AGE 48 YRS., OCC: BUSINESS R/O OPP. MODERN HALL P B ROAD, DHARWAD DIST: DHARWAD-580001.

..PETITIONER

(BY SRI SHIVARAJ S BALLOLI, ADVOCATE)

AND:

REPRESENTED BY SECRETARY TO

URBAN DEVELOPMENT DEPARTMENT

504, 5TH FLOOR, 4TH GATE, M S BUILDING

BENGALURU-01.

REPRESENTED BY ITS MANAGING DIRECTOR

DHARWAD, TAL & DIST: DHARWAD – 580001.

SPECIAL LAND ACQUISITION OFFICER

KRDCL RAYAPUR DHARWAD

TAL & DIST: DHARWAD – 580 001.

PLANNING, HUBBALLI, DHARWAD

MAHANAGAR PALIKE, DHARWAD

TAL & DIST: DHARWAD-580001.

AUTHORITY, REP. BY ITS COMMISSIONER

NAVANAGAR, TAL HUBBALLI

DIST: DHARWAD-580001.

DHARWAD, TAL & DIST:

DHARWAD – 580001.

..RESPONDENTS

(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1 & R6, SRI C V ANGADI, ADVOCATE FOR R2 & 3 SRI G K HIREGOUDAR, ADVOCATE FOR R4 SRI R H ANGADI, ADVOCATE FOR R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. DIRECT THE RESPONDENTS TO CARRY OUT FRESH SURVEY AND DETERMINE THE EXTENT OF LAND THAT WOULD BE LOST IN PROPOSED ACQUISITION BY CONSIDERING THE REPRESENTATION VIDE ANNEXURE-F, G AND L AND TITLE DOCUMENTS VIDE ANNEXURE-A AND ACCORDINGLY PASS CONSENT AWARD IN RESPECT OF PROPERTY BEARING PLOT

No.12 SITUATED IN SURVEY No.63/13 TOTALLY MEASURING 4 GUNTAS 1.5 ANNAS & ETC.

IN W.P No.103451/2016

BETWEEN:

RAVI S/O ADIVEPPA KATTI AGE 45 YRS., OCC: BUSINESS R/O RAVI NIVAS, MODERN HALL P B ROAD, VIDHYAGIRI DHARWAD DIST: DHARWAD-580001.

..PETITIONER

(BY SRI SHIVARAJ S BALLOLI, ADVOCATE)

AND:

REPRESENTED BY SECRETARY TO

URBAN DEVELOPMENT DEPARTMENT

504, 5TH FLOOR, 4TH GATE, M S BUILDING

BENGALURU-01.

REPRESENTED BY ITS MANAGING DIRECTOR

DHARWAD, TAL & DIST: DHARWAD – 580001.

SPECIAL LAND ACQUISITION OFFICER

KRDCL RAYAPUR DHARWAD

TAL & DIST: DHARWAD – 580 001.

HUBBALLI, DHARWAD

MUNICIPAL CORPORATION

DHARWAD, TAL & DIST:

DHARWAD – 580 001.

AUTHORITY, REP. BY ITS COMMISSIONER

NAVANAGAR, TAL HUBBALLI

DIST: DHARWAD-580001.

DHARWAD, TAL & DIST:

DHARWAD – 580001.

..RESPONDENTS

(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1 & R2, SRI C V ANGADI, ADVOCATE FOR R2 & 3 SRI BHUSHAN B KULKARNI, ADVOCATE FOR R4 SRI R H ANGADI, ADVOCATE FOR R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. DIRECT THE RESPONDENTS TO CARRY OUT FRESH SURVEY AND DETERMINE THE EXTENT OF LAND THAT WOULD BE LOST IN PROPOSED ACQUISITION BY CONSIDERING THE OBJECTIONS AT ANNEXURE-E AND TITLE DOCUMENTS VIDE ANNEXURE-A AND ACCORDINGLY PASS CONSENT AWARD IN RESPECT OF PROPERTY BEARING PLOT No.4 SITUATED IN SURVEY N.63/5 TOTALLY MEASURING 4 Gts. 2.25 ANNAS & ETC.

IN W.P No.103447/2016

BETWEEN:

M/s DODWAD REFINERIES PVT. LTD. REPRESENTED BY ITS MANAGING DIRECTOR, SHRI SARASANAND S/O GURUPUTRA DODWAD AGE 80 YEARS, OCC:: BUSINESS R/O VIDYAGIRI, OPP. HESCOM P B ROAD, DHARWAD.

..PETITIONER

(BY SRI SHIVASAI M ADVOCATE)

AND:

DEPARTMENT OF KARNATAKA

PUBLIC WORKS, PORTS & INLAND

WATER TRANSPORT DEPARTMENT

M S BUILDING, BANGALORE-1

REP BY ITS SECRETARY.

OFFICER, KRDCL, 1ST FLOOR,

KSFC BUILDING, PB ROAD

RAYAPUR, DHARWAD-580009.

HDMC, DHARWAD.

KRDCL COMPANY LTD.

REPRESENTED BY ITS

MANAGING DIRECTOR

DHARWAD TQ. & DT:580001.

DEVELOMENT AUTHORITY

REPRESENTED BY ITS COMMISSIONER

NAVANAGAR, DHARWAD-580001. ..RESPONDENTS

(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1, SRI C V ANGADI, ADVOCATE FOR R2 & 4, SRI U C AINAPUR, ADVOCATE FOR R3 SRI R H ANGADI, ADVOCATE FOR R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS TO THE 2ND RESPONDENT TO COMPLETE THE PROCESS OF AWARDING AND MAKING PAYMENT OF COMPENSATION TO THE PETITIONER FOR HAVING ACQUIRED HIS LAND BEARING SY.No.19 MEASURING TO AN EXTENT OF 17 GUNTAS 9 ANNA AND AS LEFT OUT IN THE AWARD DATED 30.10.2015 OF 8108 SQ. MTRS. SITUATED AT LAKAMANAHALLI VILLAGE, DHARWAD, HAVING NOT ACQUIRED UNDER THE NOTIFICATION DATED 30.10.2015 FOR THE PURPOSE OF FORMATION OF FOUR WAY LINE ROAD (MANGASULI-LAKSHMESHWARA) IN STATE HIGH WAY No.73.

IN W.P No.104785/2016

BETWEEN:

AGE 62 YEARS, OCC: BUSINESS

R/O YALAKKI SHETTAR COLONY

DHARWAD.

AGE 59 YEARS, OCC: BUSINESS

R/O YALAKKI SHETTAR COLONY

DHARWAD. 3. SHRI SOANJI S/O KARSAN PATEL

AGE 56 YEARS, OCC: BUSINESS

R/O YALAKKI SHETTAR COLONY

DHARWAD.

..PETITIONERS

(BY SRI SHIVASAI M PATIL, ADVOCATE)

AND:

DEPARTMENT OF KARNATAKA

PUBLIC WORKS, PORTS & INLAND

WATER TRANSPORT DEPARTMENT

M S BUILDING, BANGALORE-1

REP BY ITS SECRETARY.

OFFICER, KRDCL, 1ST FLOOR,

KSFC BUILDING, PB ROAD

RAYAPUR, DHARWAD-580009.

HDMC, DHARWAD.

KRDCL COMPANY LTD.

REPRESENTED BY ITS

MANAGING DIRECTOR

TA AND DIST: DHARWAD-580009.

..RESPONDENTS

(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1, SRI C V ANGADI, ADVOCATE FOR R2 & 4, SMT.SHASHIKALA L DESAI, ADVOCATE FOR R3 SRI B SHARANABASAWA, ADVOCATE FOR R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS TO THE 2ND RESPONDENT TO COMPLETE THE PROCESS OF AWARDING AND MAKING PAYMENT OF COMPENSATION TO THE PETITIONER FOR HAVING ACQUIRED HIS LAND BEARING SY.No.25/2 MEASURING TO AN EXTENT OF 6 GUNTAS 1 AND AS LEFT OUT IN THE AWARD DATED 15.10.2015 OF 3 ACRES 12 GUNTAS SITUATED AT LAKAMANAHALLI VILLAGE, DHARWAD, HAVING NOT ACQUIRED UNDER THE NOTIFICATION DATED 10.09.2012 FOR THE PURPOSE OF FORMATION OF FOUR WAY LINE ROAD (MANGASULI-LAKSHMESHWARA) IN STATE HIGH WAY No.73.

IN W.P No.103380/2016

BETWEEN:

..PETITIONERS

(BY SRI J S SHETTY, ADVOCATE)

AND:

OFFICER, KARNATAKA ROAD

DEVELOPMENT CORPORATION

LIMITED/HDBRTS, DHARWAD.

BOARD (DEPARTMENT OF PUBLIC WORKS,

PORTS, INTERIOR TRANSPORT), No.16/J

MILLAR TANK BED AREA, THIMAYYA

ROAD CROSS, BENGALURU-560 052

BY ITS CHIEF ENGINEER.

(DEPARTMENT OF PUBLIC WORKS,

PORTS, INTERIOR WATER TRANSPORT)

VIKAS SOUDHA, BENGALURU, BY ITS

SECRETARY.

DHARWAD, DIST: DHARWAD.

AUTHORITY, NAVANAGAR, HUBBALLI

DIST: DHARWAD, BY ITS COMMISSIONER.

..RESPONDENTS

(BY SRI B SHARANABASAVA, ADVOCATE FOR R5, SRI C V ANGADI, ADVOCATE FOR R1 & R2 SRI SHIVAPRABHU HIREMATH, ADVOCATE FOR R3 & R4 R1 & R2 – SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 2ND RESPONDENT NOT TO FORM ANY ROAD IN THE LAND BELONGING TO THE PETITIONER MOREFULLY DESCRIBED IN THE SCHEDULE HEREUNDER, UNLESS THE SAME HAS BEEN ACQUIRED UNDER THE PROVISION OF THE RIGHT TO FAIR COMPENSATION ACT, BY CONSDIERING THE REPRESENTATION DATED 16.02.2016 MADE BY THE PETITIONER, THE COPY OF WHICH HAS BEEN PRODUCED HEREWITH AT ANNEXURE-A AND ETC.

IN W.P No.101172/2016

BETWEEN:

SMT.NAGARATHNAMMA W/O CHANDRASHEKAR AMINGAD AGE 67 YEARS, OCC: HOUSEHOLD WORK R/O SUBASH ROAD, AMINGAD AGENCY TQ. & DIST. DHARWAD.

..PETITIONER

(BY SRI F V PATIL, ADVOCATE)

AND:

OFFICER/ASSISTANT COMMISSIONER

(LAND ACQUISITION), KARNATAKA

ROAD DEVELOPMENT CORPORATION

LIMITED, BRTS OFFICE, RAYAPUR

TQ. & DIST. DHARWAD.

LIMITED, HUBLI DHARWAD, REP. BY

ITS MANAGING DIRECTOR, DHARWAD

TQ. & DIST. DHARWAD.

PLANNING, HUBBALLI DHARWAD

MAHANAGARA PALIKE, DHARWAD

TQ. & DIST. DHARWAD.

DEVELOPMENT AUTHORITY

REP. BY ITS COMMISSIONER

NAVANAGAR, TQ. HUBBALLI

DIST. DHARWAD.

HUBLI DHARWAD URBAN DEVELOPMENT

AUTHORITY, HUBBALLI, DIST: DHARWAD.

..RESPONDENTS

(BY SRI C V ANGADI, ADVOCATE FOR R1 – R2, SRI G I GACHICHINAMATH, ADVOCATE FOR R3-R5, SRI B SHARANABASAWA, ADVOCATE FOR R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED INTIMATION DATED 28.09.2015 ISSUED BY THE MEMBER OF TOWN PLANNING, HUBBALLI-DHARWAD URBAN DEVELOPMENT AUTHORITY HUBBALLI, DISTRICT : DHARWAD / THE RESPONDENT No.5 VIDE ANNEXURE-C AND ETC. IN W.P No.106558/2015

BETWEEN:

REGISTERED OFFICE No.38, EUREKA

JUNCTION, DESHPANDE NAGAR

TRAVELLER BUNGALOW ROAD, HUBLI –

580029, PLANT: SRI KRISHNAGIRI

KIRAVATTI VILLAGE, TQ: YEALLAPUR

DISTRICT UTTAR KANNADA

REPRESENTED BY ITS MANAGING

DIRECTOR, SRI HANUMANTH M PAI

AGE 61 YEARS, OF KIRWATTI.

LIMITED, A COMPANY INCORPORATED

UNDER THE PROVISIONS OF THE

COMPANIES ACT, HAVING ITS

REGISTERED OFFICE AT #38, II FLOOR

EUREKA JUNCTION, T B ROAD, HUBBALLI-

580029, DHARWAD, REPRESENT BY

SRI DINESH S/O RAMDAS PAI

DIRECTOR & AUTHORISED SIGNATORY. ..PETITIONERS

(BY SRI P R BENTUR, ADVOCATE FOR PROP. P2)

AND:

REP. BY SECRETARY, URBAN

DEVELOPMENT DEPARTMENT

No.504, 5TH FLOOR, 4TH GATE

M S BUILDING, AMBEDKAR VEEDHI

BENGALURU – 560 001.

DIRECTORATE OF URBAN LAND

TRANSPORT, URBAN DEVELOPMENT

DEPARTMENT, BMTC TIMC `B’ BLOCK

4TH FLOOR, SHANTINAGAR, K H ROAD

BENGALURU-560 027. 3. CHIEF ENGINEER, KRDCL LIMITED

No.16, J MILLAR TANK BED AREA

TIMMAYYA ROAD CROSS

BENGALURU – 560 002.

HUBBALLI – DHARWAD BRTS

COMPANY LTD. OFFICE OF BRTS

FIRST FLOOR, KSFC BUILDING

RAYAPUR, DHARWAD.

KARNATAKA ROAD DEVELOPMENT

CORPORATION LTD., HDBRTS OFFICE

FIRST FLOOR, KSFC BUILDING

RAYAPUR, DHARWAD.

KRDCL No.13, 3RD MAIN

DOLLARS COLONY

NEAR VATSALAYA HOSPITAL

GOKUL ROAD, HUBBALLI-580 030.

HUBBALLI DHARWAD MUNICIPAL

CORPORATION, DHARWAD.

DEVELOPMENT AUTHORITY

REPRESENTED BY ITS COMMISSIONER

NAVANAGAR, TAL: HUBBALLI, DIST:

DHARWAD.

..RESPONDENTS

(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1, SRI C V ANGADI, ADVOCATE,FPR R4-R6, SRI G I GACHCHINAMATH, ADVOCATE FOR R7 & R8, R2 & R3 SERVED)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE LETTER DATED 03.02.2015 ISSUED BY RESPONDENT No.5 AS PER ANNEXURE-D, DIRECT THE RESPONDENTS TO ACQUIRE THE LAND OF THE PETITIONER AS DESCRIBED IN THE SCHEDULE BY STRICTLY MAKING ARRANGEMENT FOR CALCULATING AND PAYMENT OF FAIR COMPENSATION AND ETC.

IN W.P Nos.100431-100435/2016

BETWEEN:

AMINGAD, AGE 74 YEARS, OCC:

HOUSEHOLD WORK, R/O RAM NAGAR

1ST CROSS, OM BUILDING, TQ. & DIST:

DHARWAD.

AMINGAD, AGE 53 YEARS, OCC:

BUSINESS, R/O RAM NAGAR

1ST CROSS, OM BUILDING, TQ. & DIST:

DHARWAD.

DHARWAD.

..PETITIONERS

(BY SRI F V PATIL, ADVOCATE)

AND:

OFFICER/ASSISTANT COMMISSIONER

(LAND ACQUISITION), KARNATAKA

ROAD DEVELOPMENT CORPORATION

LIMITED, BRTS OFFICE, RAYAPUR

TQ. & DIST. DHARWAD.

LIMITED, HUBLI DHARWAD, REP. BY

ITS MANAGING DIRECTOR, DHARWAD

TQ. & DIST. DHARWAD.

PLANNING, HUBLI DHARWAD

MAHANAGARA PALIKE, DHARWAD

TQ. & DIST. DHARWAD.

DEVELOPMENT AUTHORITY

REP. BY ITS COMMISSIONER

NAVANAGAR, TQ. HUBBALLI

DIST. DHARWAD.

DHARWAD, DIST: DHARWAD.

(amended v/c/o dtd:11.1.2021) ..RESPONDENTS

(BY SRI SHIVAPRABHU HIREMATH, AGA, FOR R5, SRI C V ANGADI, ADVOCATE FOR R1, SRI G K HIREGOUDAR, ADVOCATE FOR R4, R3 & R2 SERVED)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.1 TO CONSIDER THE REPRESENTATION DATED 06.01.2016 GIVEN BY THE PETITIONERS VIDE ANNEXURE-E AND TO PASS A CONSENT AWARD IN RESPECT OF THE PROPERTIES BEARING CTS.No.73/A TO THE EXTENT OF 161 SQUARE FEET CTS No.73/B TO THE EXTENT OF 187 SQUARE FEET AND CTS No.73/C 829 SQUARE FEET AND CTS No.74/B TO THE EXTENT OF 827 SQUARE FEET AND CTS No.127 TO THE EXTENT OF 458 SQUARE FEET TO THE EXTENT OF 2011 SQUARE METERS SITUATED AT DHARWAD CITY, TALUK AND DISTRICT DHARWAD TO THE TOTAL EXTENT OF 2462 SQUARE FEET AT THE RATE OF Rs.6,750/- PER SQUARE FEET, AS PER THE CONSENT LETTERS GIVEN BY THE PETITIONERS AND ETC.

IN W.P Nos.103479-103481/2016

BETWEEN:

S/O JAFARSAB SAVANUR

AGE 66 YEARS.

ALL R/O P B ROAD, DHARWAD.

..PETITIONERS

(BY SRI K L PATIL, ADVOCATE)

AND:

REPRESENTED BY SECRETARY

URBAN DEVELOPMENT DEPARTMENT

No.504, 5TH FLOOR, 4TH GATE

M S BUILDING, AMBEDKAR VEEDHI

BENGALURU – 560001.

DIRECTOR OF URBAN LAND TRANSPORT

URBAN DEVELOPMENT DEPARTMENT

BMTC, TIMC B BLOCK, 4TH FLOOR

SHANTI NAGAR, K H ROAD

BENGALURU – 560 002.

HUBBALLI-DHARWAD MUNICIPAL

CORPORATION, HUBBALLI

DIST: DHARWAD. 4. CHIEF ENGINEER

KRDCL No.16, J MILLER

TANK BED AREA, TIMMAYYA

ROAD CROSS, BANGALORE-560002.

HUBBALLI-DHARWAD BRTS CO. LTD.

1ST FLOOR, KSFC BUILDING

RAYAPUR, P B ROAD

DHARWAD – 580009.

& THE ASSISTANT COMMISSIONER

KRDCL, HDBRTSC OFFICE

1ST FLOOR, KSFC BUILDING

RAYAPUR, P B ROAD, DHARWAD-09.

KRDCL, No.16, 3RD MAIN ROAD

DOLLARS COLONY, NEAR

VASTALLYA HOSPITAL

GOKUL ROAD, HUBLI.

..RESPONDENT

(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1 & R2, SRI G I GACHCHINAMATH, ADVOCATE FOR R3, SRI C V ANGADI, ADVOCATE FOR R4 – R7)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.6 TO PASS AWARD AS PER SECTION 28 OF KARNATAKA STATE HIGH WAY ACT AND TO PAY COMPENSATION TO THE PETITIONERS & ETC.

IN W.P Nos.103483-103484/2016

BETWEEN:

BOTH R/O P B ROAD, DHARWAD.

..PETITIONERS

(BY SRI K L PATIL, ADVOCATE)

AND:

REPRESENTED BY SECRETARY

URBAN DEVELOPMENT DEPARTMENT

No.504, 5TH FLOOR, 4TH GATE

M S BUILDING, AMBEDKAR VEEDHI

BENGALURU – 560001.

DIRECTOR OF URBAN LAND TRANSPORT

URBAN DEVELOPMENT DEPARTMENT

BMTC, TIMC B BLOCK, 4TH FLOOR

SHANTI NAGAR, K H ROAD

BENGALURU – 560 002.

HUBBALLI-DHARWAD MUNICIPAL

CORPORATION, HUBBALLI

DIST: DHARWAD.

KRDCL No.16, J MILLER

TANK BED AREA, TIMMAYYA

ROAD CROSS, BANGALORE-560002.

HUBBALLI-DHARWAD BRTS CO. LTD.

1ST FLOOR, KSFC BUILDING

RAYAPUR, P B ROAD

DHARWAD – 580009.

& THE ASSISTANT COMMISSIONER

KRDCL, HDBRTSC OFFICE

1ST FLOOR, KSFC BUILDING

RAYAPUR, P B ROAD, DHARWAD-09.

KRDCL, No.16, 3RD MAIN ROAD

DOLLARS COLONY, NEAR

VASTALLYA HOSPITAL

GOKUL ROAD, HUBLI.

..RESPONDENTS

(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1 & R2, SRI G I GACHCHINAMATH, ADVOCATE FOR R3, SRI C V ANGADI, ADVOCATE FOR R4 – R7)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.6 TO PASS AWARD AS PER SECTION 28 OF KARNATAKA STATE HIGH WAY ACT AND TO PAY COMPENSATION TO THE PETITIONERS & ETC.

IN W.P No.103485/2016

BETWEEN:

GIRISH, S/O SHANKARAO CHINCHORE AGE 51 YEARS, R/O P B ROAD DHARWAD.

..PETITIONER

(BY SRI K L PATIL, ADVOCATE)

AND:

REPRESENTED BY SECRETARY

URBAN DEVELOPMENT DEPARTMENT

No.504, 5TH FLOOR, 4TH GATE

M S BUILDING, AMBEDKAR VEEDHI

BENGALURU – 560001. 2. THE COMMISSIONER

DIRECTOR OF URBAN LAND TRANSPORT

URBAN DEVELOPMENT DEPARTMENT

BMTC, TIMC B BLOCK, 4TH FLOOR

SHANTI NAGAR, K H ROAD

BENGALURU – 560 002.

HUBBALLI-DHARWAD MUNICIPAL

CORPORATION, HUBBALLI, DIST: DHARWAD.

KRDCL No.16, J MILLER

TANK BED AREA, TIMMAYYA

ROAD CROSS, BANGALORE-560002.

HUBBALLI-DHARWAD BRTS CO. LTD.

1ST FLOOR, KSFC BUILDING

RAYAPUR, P B ROAD

DHARWAD – 580009.

& THE ASSISTANT COMMISSIONER

KRDCL, HDBRTSC OFFICE

1ST FLOOR, KSFC BUILDING

RAYAPUR, P B ROAD, DHARWAD-09.

KRDCL, No.16, 3RD MAIN ROAD

DOLLARS COLONY, NEAR

VASTALLYA HOSPITAL

GOKUL ROAD, HUBLI.

..RESPONDENTS

(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1 & R2, SRI G I GACHCHINAMATH, ADVOCATE FOR R3, SRI C V ANGADI, ADVOCATE FOR R4 – R7)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.6 TO PASS AWARD AS PER SECTION 28 OF KARNATAKA STATE HIGH WAY ACT AND TO PAY COMPENSATION TO THE PETITIONER & ETC.

IN W.P No.103482/2016

BETWEEN:

JYOTI, W/O FAKKIRAPPA CHAVAN AGE 52 YEARS, R/O P B ROAD DHARWAD.

..PETITIONER

(BY SRI K L PATIL, ADVOCATE)

AND:

REPRESENTED BY SECRETARY

URBAN DEVELOPMENT DEPARTMENT

No.504, 5TH FLOOR, 4TH GATE

M S BUILDING, AMBEDKAR VEEDHI

BENGALURU – 560001.

DIRECTOR OF URBAN LAND TRANSPORT

URBAN DEVELOPMENT DEPARTMENT

BMTC, TIMC B BLOCK, 4TH FLOOR

SHANTI NAGAR, K H ROAD

BENGALURU – 560 002.

HUBBALLI-DHARWAD MUNICIPAL

CORPORATION, HUBBALLI

DIST: DHARWAD.

KRDCL No.16, J MILLER

TANK BED AREA, TIMMAYYA

ROAD CROSS, BANGALORE-560002.

HUBBALLI-DHARWAD BRTS CO. LTD.

1ST FLOOR, KSFC BUILDING

RAYAPUR, P B ROAD

DHARWAD – 580009.

& THE ASSISTANT COMMISSIONER

KRDCL, HDBRTSC OFFICE

1ST FLOOR, KSFC BUILDING

RAYAPUR, P B ROAD, DHARWAD-09.

KRDCL, No.16, 3RD MAIN ROAD

DOLLARS COLONY, NEAR

VASTALLYA HOSPITAL

GOKUL ROAD, HUBLI.

..RESPONDENTS

(BY SRI SHIVAPRABHU HIREMATH, AGA FOR R1 & R2, SRI G I GACHCHINAMATH, ADVOCATE FOR R3, SRI C V ANGADI, ADVOCATE FOR R4 – R7)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.6 TO PASS AWARD AS PER SECTION 28 OF KARNATAKA STATE HIGH WAY ACT AND TO PAY COMPENSATION TO THE PETITIONERS & ETC.

THESE WRIT PETITIONS HAVING BEEN HEARD AND RESERVED ON 19.07.2021 FOR ORDER AND COMING ON FOR PRONOUNCEMENT OF ORDER, THIS DAY HEMANT CHANDANGOUDAR J., MADE THE FOLLOWING:

ORDER

In all the abovementioned writ petitions, the challenge is to the endorsements issued by the Special Land Acquisition Officer,

Karnataka Road Development Corporation Limited, Dharwad, refusing to pay compensation to the petitioners stating that the properties which were acquired vide notification dated 21.11.2012 issued under Section 17(3) of the Karnataka Highways Act, 1964, fell under the road margin area and as such vested with the Hubli - Dharwad Municipal Corporation, free from all encumbrances under Section 32(5) of the Karnataka Urban Development Authority Act, 1987. The petitioners have further sought for a direction from the Land Acquisition Officer to pass an award and pay compensation for having acquired properties belonging to them for widening of road from Hosur Circle, Hubballi, to Jubilee Circle, Dharwad, for the purpose of implementation of the BRTS project.

Since the issue involved in all these writ petitions is similar, they are taken up together for final disposal.

WP No.104025/2016:

1.1 The petitioner, who is the owner of property bearing Block No.327 measuring 1 acre 34 guntas situated at Byredevarakoppa, Hubballi, submitted an application with the Hubli - Dharwad Urban Development Authority (hereinafter

referred to as 'PLANNING AUTHORITY') for approval of single layout plan in terms of government notification issued under Section 13-E of the Karnataka Town and Country Planning Act, 1961 (hereinafter referred to as 'KTCP Act'). The single layout plan was approved subject to certain terms and conditions and condition No.5 required the petitioner to develop service road measuring 9 meters and buffer area measuring 3 meters which was earmarked for widening of Pune - Bengaluru Road and handover the same free of cost to the Hubli - Dharwad Municipal Corporation (hereinafter referred to as 'HDMC'). Condition No.6 further required the petitioner to develop the road measuring 18 meters earmarked for widening of road in the master plan and handover the same to HDMC, free of cost. The Land Acquisition officer has declined to pass an award and pay compensation to an extent of 14 guntas 11 anas, on the ground that the said extent of land was shown as road margin area in the single layout plan.

WP No.104989/2018:

1.2 The petitioner who is the owner of land bearing Sy. Nos. 120/1, 120/2, 95/3, 119/1A, 119/2, 125/1, 125/2, 115/5A,

115/4, 115/7, 115/1, 116/1A, 116/1B, 116/1C, 116/1D, 116/1E, measuring 2 acres 5 guntas, situated at Sattur, Dharwad, submitted an application with the Planning Authority for approval of building plan. The Planning Authority approved the building plan on 24.1.2003, subject to certain terms and conditions. Condition No.1 required the petitioner to handover a portion of the land which falls within 22.5 meters from the middle of the present National Highway, free of cost, to the HDMC. The Land Acquisition Officer declined to grant compensation on the ground that the said extent of land was required to be handed over to the HDMC free of cost in view of the condition imposed in the layout plan approved by the Planning Authority.

WP No.104783/2016:

1.3 The petitioners, who are the owners of land bearing Sy.Nos.172/1, 172/2 and 172/3 respectively measuring 1 gunta 10.25 anas, 5 guntas 2 anas and 7 guntas 1.5 anas respectively situated at Navalur village, Dharwad, submitted an application for approval of single layout plan in terms of the government notification issued under 13-E of the KTCP Act. The single layout plan was approved by the Planning Authority on 21.6.2011 for

commercial purposes subject to certain terms and conditions. Condition No.3 specified that the petitioner shall obtain building permission only after developing 9 meters service road and 3 meters buffer area shown in the approved layout plan and handover the same to the HDMC free of cost. The Land Acquisition officer has declined to pass an award and pay compensation to an extent of land measuring 3146.08 sq.meters on the ground that the same was shown as road margin area in the single layout plan. WP No.112114/2017:

1.4 The land bearing Block No.164/2 measuring 12 guntas situated at Navalur, Dharwad belonging to the petitioner was converted for Industrial purposes. On an application submitted by the petitioner, the planning authority approved the single layout plan for industrial purposes and an extent of 2 guntas 14 annas was earmarked for road margin area for the proposed widening of Pune-Bengaluru National Highway - NH-4 in the master plan. An extent of 2 guntas 03 annas was acquired for the BRTS project and compensation was denied on the ground that the land earmarked as road margin area belongs to the HDMC.

WP No.103770/2015:

1.5 The petitioner, who is the owner of the property bearing Block No.117/A1 measuring 3 acres 1 gunta situated at Sattur, Dharwad, submitted an application with the Planning Authority for approval of single unit layout for industrial purposes. The Planning Authority approved the single unit plan for industrial purposes on 2.6.1981, wherein an extent of 11 guntas 9 anas of land was shown as road margin area. An extent of 10 guntas 10.25 anas was acquired for the purpose of BRTS project and compensation was denied stating that the said extent of acquired land belongs to HDMC.

WP No.104728/2016:

1.6 The petitioner is the owner of land bearing RS No.64/J (64/2B/1B/1A/1A/2 Plot No.7) measuring 10 guntas 10 anas situated at Lakkammanahalli, Dharwad. In the layout approved by the erstwhile Planning Authority, the said extent of 10 gutnas 10 anas of land was shown as road margin area and the same was acquired for the BRTS project, but however, the compensation was denied on the ground that the land which is

shown as road margin area in the approved layout plan belongs to the HDMC. WP No.107889/2016:

1.7 The petitioner, who is the owner of property bearing Block No.2/1/A measuring 1 acre and property bearing Block No.3 measuring 14 guntas situated in Amargol, Dharwad, submitted an application with the competent Authority for approval of a single layout plan for commercial purposes under Section 95 of the Karnataka Land Revenue Act. The competent Authority by an order dated 8.12.1991 granted permission to the owner for diverting the land in question for commercial purposes subject to certain terms and conditions, and one of the conditions specified was that the petitioner was required to obtain prior approval of the Planning Authority before developing the land for commercial purposes. On an application filed by the petitioner, the Planning Authority by communication dated 20.2.1999 at Annexure-R4 approved the layout plan subject to certain terms and conditions. In the approved layout plan, there is no land shown as road margin area and also there is no condition specifying that the area earmarked as road margin area is required to be developed and handed over to the HDMC

free of cost. An extent of 12 guntas 2 anas was acquired for the BRTS project, however, payment of compensation was denied on the ground that the land belongs to the HDMC. WP No.103479/2016

1.8 The petitioners are the owners of property bearing RS.No.64/F measuring 19 guntas situated at Lakkammanahalli, Dharwad. An extent of 1 gunta 10.2 anas was acquired for the BRTS project. However, payment of compensation was denied on the ground that the acquired land is earmarked as road margin in the layout plan which was approved on 13.3.1970, under the provisions of the KTCP Act by the Planning Authority and as such the land vested with the HDMC is contended to be free from encumbrances. WP No.103482/2016:

1.9 The petitioner is the owner of the property bearing RS No.64/M (64/2B/1A/2B/Plot No.9) measuring 13 guntas situated at Lakkammanahalli, Dharwad. An extent of 15.75 anas is acquired for the BRTS project. However, payment of compensation was denied on the ground that the acquired land is earmarked as road margin in the layout plan which was approved on 13.3.1970, under the provisions of the KTCP Act by

the Planning Authority and as such the land is vested with the HDMC, free from encumbrances. WP No.103483/2016:

1.10 The petitioners are the owners of property bearing RS No.64/H (64/2A/1A/1B/Plots NO.3 and 4) measuring 24 guntas 18 anas and property bearing RS No.64/H (64/2B/1A/1A/2/Plot No.5) measuring 12 guntas both situated at Lakkammanahalli, Dharwad. An extent of 3 guntas 7 anas in RS No.64/H is acquired for the BRTS project. However, compensation was denied on the ground that the acquired land is earmarked as road margin area in the layout plan which was approved on 13.3.1970, under the provisions of the KTCP Act by the Planning Authority and as such the land is vested with the HDMC, free from encumbrances. WP No.103485/2016:

1.11 The petitioners are the owners of property in RS No.64/1 measuring 11 guntas 34 anas situated at Lakkammanahalli, Dhawad. An extent of 1 gunta 6 anas in RS No.64/1 is acquired for the purpose of the BRTS project. However, payment of compensation was denied on the ground that the acquired land was earmarked as road margin area in the

layout plan which was approved on 13.3.1970, under the provisions of the KTCP Act by the Planning Authority and as such the land is vested with the HDMC, free from encumbrances.

WP No.106557/2015:

1.12 The petitioner is the owner of plot bearing Nos.1E and 2B formed in Block Nos.19(P), 20(P), 34(P) and 35(P) of Rayapur village, Dharwad. These plots were allotted by the KIADB with the condition that there shall be no construction within 15.10 meters from the centre of the old Pune - Bengaluru Highway. An extent of 22.5 meters from the centre of the road was acquired for the BRTS project. However, payment of compensation was denied to the petitioner on the ground that the KIADB was required to develop 20 feet wide green space abutting NH-4 and thereafter developed 40 feet service road and as such the land is vested with the HDMC.

WP No.112263/2017:

1.13 The petitioner is the owner of plot Nos.1, 2, 3, 13 and 14 of Lakkammana Industrial Area situated in Sy.Nos.28, 29, 39, 40, 41 and 42 of Lakkammanahalli village, Dharwad- Hubli, Dharwad, totally measuring 102584.13 sq. meters. An extent of 10 guntas 2 annas was acquired for the BRTS project,

however, payment of compensation was denied on the ground that the acquired land is earmarked as road margin area in the layout approved by the KIADB.

WP No.109564/2016:

1.14 Petitioner is the owner of land bearing Sy.No.27/6A measuring 5 guntas 10 anas situated in Lakkammanahalli village, Dharwad. The Hubli-Dharwad Urban Development Authority approved the single unit layout for commercial purposes subject to the condition that the land earmarked as road margin area in the layout plan should be developed and handed over to the HDMC. An extent of 3 meter buffer road and 9 meter service road was acquired for the purpose of the BRTS Project. However, the payment of compensation was denied on the ground that acquired land is earmarked as road margin area in the approved layout plan.

WP No.106157/2016:

1.15 Petitioner is the owner of the land bearing RS No.27/6D measuring 4 guntas 10 anas situated in Lakkammanahalli village, Dharwad. The Hubli-Dharwad Urban Development Authority approved the single unit layout for commercial purposes subject to the condition that the land

earmarked as road margin area in the layout plan should be developed and handed over to the HDMC. An extent of 1 gunta 3.5 anas was acquired for the BRTS project, however, payment of compensation was denied on the ground that the acquired land is earmarked as road margin area in the approved layout plan.

WP No.106159/2016:

1.16 The petitioner is the owner of land bearing RS No.27/6A measuring 5 acres 10 annas situated in Lakkammanahalli village, Dharwad. The Hubli-Dharwad Urban Development Authority approved the single unit layout for commercial purposes subject to the condition that the land earmarked as road margin area in the layout plan should be developed and handed over to the HDMC. An extent of land measuring 1 gunta 6.7 anas was acquired for the BRTS project, however, the payment of compensation was denied on the ground that the acquired land was earmarked as road margin area in the approved layout plan.

WP No.103380/2016:

1.17 The petitioner is the owner of land bearing Sy.No.27/6B/2 measuring 3 guntas 12 anas situated in

Lakkammanahalli village, Dharwad. An extent of 0 gunta 15 anas was acquired for the BRTS project. Petitioner further states that an extent of 300 sq. feet was also acquired during the pendency of the writ petition, however, payment of compensation was denied on the ground that the acquired land was earmarked as road margin area in the approved layout plan and vested with the HDMC, free from encumbrances.

WP No.106558/2015:

1.18 The plot No.1-C comprised in Block No.34, Block No.40 (part) and Block No.41 (part) measuring 6016 sq. meters situated in Rayapur village, Dharwad, in the Industrial Layout formed by the KIADB was allotted to the Petitioners, subject to the condition that the petitioner shall not put up any construction in the land falling within 15.10 meters from the centre of NH-4 earmarked as road margin area. Petitioners’ case is that an extent of 22.5 meters from the centre of the road was acquired for the BRTS project, however, the payment of compensation was denied on the ground that the acquired land was earmarked as road margin area in the layout plan approved by the KIADB and as such, the acquired land vested with the HDMC is free from all encumbrances.

WP No.103486/2016:

1.19 The petitioners are the owners of land bearing Sy.No.64/1A/1A/1A/1A/1B+2A/1A/1A/1A/1 measuring 19 guntas situated in Lakkammanahalli village, Dharwad. The then competent Authority under the provisions of Bombay Land Revenue Code 1879 by an order 16.1.1962 permitted the owners of the said land to utilise the land for non-agricultural purposes and one of the conditions imposed was that the land falling within 68 feet from the centre of NH-4 and 10 feet on the other side should be left open to the sky and that no structure of any sort except a compound wall should be built on the plot. The said extent of open space was acquired for the BRTS project, however, payment of compensation was denied on the ground that the acquired land is earmarked as road margin area in the order passed by the said competent Authority and as such, the acquired land vested with the HDMC is free from all encumbrances.

WP No.104785/2016:

1.20 Petitioners are the owners of the land bearing RS No.25/2 measuring 3 acres 12 guntas situated in Lakkammanahalli village, Dharwad and by the order dated

21.8.1982, the petitioners were permitted to utilize the land for industrial purposes subject to the condition that an extent of 6 guntas 1 ana earmarked as road margin area should be kept open. The said extent of road margin area was acquired for the purpose of the BRTS project, however, payment of compensation was denied on the ground that the acquired land was earmarked as road margin area and as such vested with the HDMC, free from all encumbrances.

WP No.100431/2016:

1.21 The petitioners are the joint owners of the properties bearing CTS Nos.73/A, 73/B, 73/C, 74/B and 127/D in all measuring 2011 sq. meters situated at Dharwad City. An extent of 2462 sq. feet of land was earmarked as road margin area for widening of the road in the layout plan approved by Hubli- Dharwad Urban Development Authority. The said extent of land earmarked for widening of the road was acquired for the purpose of the BRTS project, however, the petitioners state that the payment of compensation was denied on the ground that the acquired land was earmarked as road margin area and as such vested with the HDMC free from all encumbrances.

WP No.101172/2016:

1.22 The petitioner is the owner of immovable property bearing CTS No.307/1A/1B measuring 8 guntas 64 sq. yards situated in Hosayellapur, Dharwad City. An extent of 2154 sq. feet is acquired for the BRTS project; however, payment of compensation was denied on the ground that the acquired land was earmarked as road margin area in the layout plan approved by the Hubli-Dharwad Urban Development Authority and as such, the acquired land vested with the HDMC is free from all encumbrances.

WP No.103447/2016:

1.23 The petitioner is the owner of land bearing RS No.19/2 measuring 7 acres 9 guntas situated in Lakkammanahalli village, Dharwad. An extent of 3 guntas 6 anas and an extent of 17 guntas 9 anas in Sy.No.19 was acquired for the BRTS project, however, payment of compensation was denied to an extent of 17 guntas 9 anas on the ground that the land was earmarked as road margin area in the layout plan approved by the KIADB and as such, the acquired land vested with the HDMC is free from all encumbrances.

WP No.102904/2016:

1.24 The petitioner is the owner of the commercial-cum- residential property bearing No.12 situated in Sy.No.63/13 totally measuring 4 guntas and 1.5 anas of Lakkammanahalli village, Dharwad. An extent of 1633.50 sq. feet was acquired for the BRTS project, however, payment of compensation was denied on the ground that the acquired land was earmarked as road margin area in the layout plan approved by the Assistant Director of Town Planning, Hubli dated 5.3.1965 and the modified plan dated 17.4.1968 and as such, the acquired land vested with the HDMC is free from all encumbrances.

WP No.103451/2016:

1.25 The petitioner is the owner of the commercial-cum- residential property bearing No.44 situated in Sy.No.63/5 totally measuring 4 guntas and 2.25 anas of Lakkammanahalli village, Dharwad. An extent of 1450 sq. feet was acquired for the purpose of BRTS project; however, payment of compensation was denied on the ground that the acquired land was earmarked as road margin area in the layout plan approved by the Assistant Director of Town Planning, Hubli dated 5.3.1965 and the

modified plan dated 17.4.1968 and as such, the acquired land vested with the HDMC is free from all encumbrances.

WP No.103019/2016:

1.26 The petitioner is the owner of the commercial property bearing plot No.10 measuring 6 guntas 3.75 anas situated in Sy.No.63/9 of Lakkammanahalli village, Dharwad. An extent of 3 guntas 75 anas acquired for the purpose of the BRTS project, however, payment of compensation was denied on the ground that the acquired land was earmarked as road margin area in the layout plan approved by the Assistant Director of Town Planning, Hubli dated 5.3.1965 and the modified plan dated 17.4.1968 and as such, the acquired land vested with the HDMC is free from all encumbrances. WP No.102905/2016:

1.27 The petitioner is the owner of the commercial-cum- residential property bearing No.14 situated in Sy.No.63/15 totally measuring 4 guntas and 1.5 anas of Lakkammanahalli village, Dharwad. An extent of 1480.36 sq. feet was acquired for the purpose of the BRTS project, however, payment of compensation was denied on the ground that the acquired land was earmarked as road margin area in the layout plan approved

by the Assistant Director of Town Planning, Hubli dated 5.3.1965 and the modified plan dated 17.4.1968 and as such, the acquired land vested with the HDMC is free from all encumbrances. However, the compensation was awarded to an extent of 0.5 anas excluding 1480.36 sq. feet which was acquired pursuant to the preliminary notification. WP No.103319/2016:

1.28 The petitioner is the owner of the plot No.1 found in RS No.110 of Sattur village, Dharwad measuring 5 acres 29 sq. yards. An extent of 7 guntas 8 anas was acquired for the purpose of the BRTS project, however, payment of compensation was denied on the ground that the acquired land was earmarked as road margin area in the layout plan approved by the KIADB and as such, the acquired land vested with the HDMC is free from all encumbrances.

WP No.108208/2016:

1.29 The petitioner is the owner of the land bearing Sy.Nos.55/4 and 55/5 each measuring 11 guntas 4 anas situated in Amargol village, Hubballi Taluk. The said plots are earmarked for commercial purposes in the master plan published by HDMC. An extent of 1 guntas and 10 anas in Sy.No.55/4 and an extent

1 gunta 9.75 anas in Sy.No.55/5 are acquired for the purpose of the BRTS project, however, payment of compensation was denied on the ground that the acquired land was earmarked as road margin area in the layout plan approved by the Director of Town Planning on 27.7.1967 and the owner has relinquished his right in respect of the road margin area in favour of HDMC and as such, the acquired land vested with the HDMC is free from all encumbrances.

WP No.104784/2016:

1.30 The petitioner is the owner of property bearing No.5/3 measuring 19 guntas 13 anas and property bearing No.5/4 measuring 19 guntas 13 anas both situated in Amargol village, Taluk Hubbali. An extent of 2 guntas 10 anas was acquired for the purpose of the BRTS project, however, payment of compensation was denied on the ground that the acquired land was earmarked as road margin area in the layout plan approved by the Hubli-Dharwad Urban Development Authority and as such, the acquired land vested with the HDMC is free from all encumbrances.

WP No.106158/2016:

1.31 The property bearing Sy.No.27/6B1 measuring 1 guntas 4.75 anas situated at Lakkammanahalli Dharwad belonging to the petitioner was acquired for the purpose of the BRTS project. However, payment of compensation was denied on the ground that the acquired land was earmarked as road margin area in the single layout plan approved by the Hubli-Dharwad Urban Development Authority and as such, the acquired land vested with the HDMC is free from all encumbrances.

WP No.106269/2015:

1.32 The petitioner is the owner of property bearing plot No.2/1A measuring 1 acre and plot No.3 measuring 14 guntas both situated at Amargol village, Taluk Hubli. An extent of 12 guntas 2 anas in plot No.2/1A is acquired for the purpose of BRTS project, however, payment of compensation is denied on the ground that the acquired land was earmarked as road margin area in the single layout plan approved by the Hubli - Dharwad Urban Development Authority and as such, the acquired land vested with the HDMC is free from all encumbrances.

WP No.1103548/2016:

1.33 The petitioner is the owner of commercial property bearing No.6 in Sy.No.63 measuring 6 guntas situated in

Lakkammanahalli village, Dharwad. An extent of 4 anas is notified and acquired for the purpose of the BRTS project leaving an extent of 1497.49 sq. feet earmarked as road margin area in the layout plan approved by the Assistant Director of Town Planning, Hubli dated 5.3.1965 and the modified plan dated 17.4.1968 and as such, the acquired land vested with the HDMC is free from all encumbrances.

W.P Nos.108208 -108209 /2016 (LA-RES) & connected matters (BRTS)

authority or support by competent legislature as enumerated under Article 300A of the Constitution of India. In support, a reliance is placed on the decision of the Apex court in the case of KT Plantation Pvt. Ltd. –vs- State of Karnataka reported in AIR 2011 SC 3430. Hence, he submits that denial of compensation to the petitioners is contrary to Article 300A of the Constitution of India.

Sri Aravind Kamath, learned Senior Counsel appearing on behalf of petitioner’s counsel in WP No.106558/2015 would submit that the land was allotted to the petitioner by the KIADB with a condition that the petitioner shall not put up any construction within 15.10 meters from the center of the NH-4. he further submits that the layout was approved under the provisions of the KIAD Act which is a self-contained code and the provisions of Section 32(5) of the KUDA Act cannot be made applicable to the layout approved under the KIAD Act. Hence, he submits that the acquired property in question does not fall under the purview of Section 32(5) of the KUDA Act.

2) The owners of the properties in question having accepted the conditions imposed in the order approving the respective layout plans which specified that the owners should relinquish their rights in respect of acquired properties earmarked as road margin area in favour of the local Authority without claiming any compensation cannot now approbate and reprobate having derived benefit of the sanction and later questioning of disowning the conditions that the same are contrary to law. In support of his submission, he relied on the following decisions: (1) Cauvery Coffee Traders –vs- Hornor Resources International Co. Ltd. reported in (2011) 10 SCC page 420;

(2) V Chandrashekharan and another –vs- Administrative Officer and others reported in (2012) 12 SCC page 133;

(3) Mumbai International Airport Pvt. Ltd.,-vs- Golden Chariot Airport, reported in (2010) 10 SCC page 422.

3) He submits that Section 76(1) of the KUDA Act creates over riding effect of the provisions of KIAD Act. Hence, Section 32(5) of the KUDA Act is also applicable to the acquired properties earmarked as road margin area in the layout plan approved under the KIAD Act.

Highway No.4 in the Master Plan published by local planning authority and earmarked as road margin area in the layout plans approved under the provisions of the KUDA Act, Karnataka Town and Country Planning Act (for short ‘KTCP Act’) and the KIAD Act fall under the purview of Section 32(5) of the KUDA Act?

b) Whether the petitioners having derived benefit under the approved plans and having accepted the conditions can contend that by executive fiat be deprived of their properties without payment of compensation?

Point No.1: 7. Before adverting the controversy in the dispute, it would be appropriate to reproduce the relevant provisions of the KUDA Act, KTCP Act and KIAD Act.

(a) zoning of land use for residential, commercial, industrial, agricultural, recreational, educational and other purposes together with Zoning Regulations; (b) a complete street pattern, indicating major and minor roads, national highways, and state highways, and traffic circulation pattern, for meeting immediate and future requirements with proposals for improvements;

17(3) No compensation shall be payable for the refusal or the insertion, imposition or modification or conditions in the grant of sanction.”

“(5) The Authority may require the applicant to deposit, before sanctioning the application, the sums necessary for meeting the expenditure for making roads, side drains, culverts, underground drainage and water supply and lighting and charges for such other purpose as such applicant may be called upon by the Authority, provided the applicant also agrees to transfer the ownership of the roads, drains, water supply mains, parks and open spaces, civic amenity areas laid out by him to the Authority, permanently without claiming any compensation therefor.”

entitled for compensation for the condition imposed in the grant of sanction plan.

should be surrendered in favour of the local Authority free of cost.

properties come under the purview of Section 32(5) of the KUDA Act is not sustainable and violates Articles 300A of the Constitution of India.

Point No.2: 17. Admittedly in the order passed under the provisions of KTCP Act, KUDA Act & KIAD Act approving the respective layout plans, a condition was imposed that the area earmarked as road margin area should be surrendered or handed over to the local Authority free of cost. The petitioners or the erstwhile owners of the acquired properties in question accepted the said condition and derived the benefit under the sanctioned layout plan.

(2011) 10 SCC page 420 has held at para-34 as under: “34. A party cannot be permitted to “blow hot and cold”, “fast and lose” or “approbate and reprobate”. Where on knowingly accepting the benefit of a contract or conveyance or an order, is estopped to deny the validity or binding effect on him of such contract or conveyance or order. This Rule is applied to do equity, otherwise it must not be applied in a manner as to violate the principles of right and good conscience.”

(2012) 12 SCC page 133 has held at para 39 as follows: “39. In Cauvery Coffee Traders –vs- Hornor Resources International Co. Ltd., this Court considered a large number of judgments on the issue of estoppel and held as under: (SCC page 432, paras 34-35)

“34. A party cannot be permitted to “blow hot and cold”, “fast and lose” or “approbate and reprobate”. Where on knowingly accepting the benefit of a contract or conveyance or an order, is estopped to deny the validity or binding effect on him of such contract or conveyance or order. This rule is applied to do equity,

otherwise it must not be applied in a manner as to violate the principles of right and good conscience.”

is manifest error in the exercise of power or if the exercise of such power is manifestly arbitrary.

relied upon by the learned counsel for the KRDC Limited are not applicable to the facts of the case.

notifying the petitioners within six months from the date of receipt of certified copy of this order. iv) The Revenue Authorities concerned are hereby directed to delete the name of the Hubli-Dharwad Municipal Corporation from the revenue records in respect of portion of properties which are earmarked as road margin area in the respective approved layout plans and which are not acquired for the purpose of BRTS project; v) It is made clear that the Special Land Acquisition Officer, Karnataka Road Development Corporation Limited shall verify actual extent of properties acquired for BRTS project and thereafter pass an award.

Sd/- JUDGE Bkm