High Court disposed of writ petition wherein petitioners sought mandamus directing respondents to take steps for land acquisition, fix market value, and make payment. Court observed that notifications and award copy were produced under National Highways Act, rendering prayer infructuous.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 22nd DAY OF JUNE 2021
BEFORE
THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD
WRIT PETITION No.103354/2018 (LA-RES)
BETWEEN:
...Petitioners
(By Sri.S L MATTI, ADV.) AND
1 . THE PROJECT DIRECTOR NATINAL HIGHWAY AUTHORITY OF INDIA, VIDYANAGAR, HUBBALLI.
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2 . THE COMPETENT AUTHORITY and SPL. LAND ACQUISITION OFFICER, NATIONAL HIGHWAY, MINI VIDHANA SOUDHA, DHARWAD.
…..Respondents
(By Sri. SHIVASAI M PATIL, ADV. FOR R1; SRI.SHIVAPRABHU S HIREMATH, AGA FOR R2; R3 IS SERVED; SRI. M B KANAVI, CGSC FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO TAKE PROPER STEPS FOR THE ACQUISITION OF THE LAND BEARING SY.NO.83/2 MEASURING 5 ACRES OF BAMAPUR VILLAGE AND TO FIX THE VALUE OF THE ABOVE SAID LAND AS PER PRESENT MARKET VALUE AND TO MAKE THE PAYMENT TO THE PETITIONER.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B GROUP’, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this writ petition, the petitioner has sought the
following relief:
“a. A writ of mandamus directing the respondents to take proper steps for the acquisition of the land bearing Sy.No.83/2 measuring 5 acres of Bamapur village and to fix
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the value of the above said land as per present market value and to make the payment to the petitioner, in the ends of justice and equity;
owners of the land bearing Sy.No.83/2 situated in Bamapur village measuring 5 acres. The respondents without acquiring the land and without paying compensation have started constructing bypass road.
Advocate has filed a memo dated 22.06.2021 enclosing the preliminary and final notification issued under the National Highways Act, 1956 and also the award copy passed in respect of Sy.No.83/2.
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acres and without paying compensation are constructing bypass road.
AGA has produced preliminary and final notification issued in respect of Sy.No.83/2 situated in Bamapur village. In view of the above, the prayer sought by the petitioners becomes infructuous.
Accordingly, the writ petition is disposed of.
Sd/JUDGE
Kgk
2 issues framed by the court
Whether the writ petition seeking mandamus for land acquisition and compensation fixation is maintainable when the preliminary and final notifications have been issued.
Whether the petitioners can succeed in their claim for acquisition and compensation by way of writ jurisdiction.
Sri. Nalilingappa S/o Hanamantappa Kuri
Smt. Kallavva W/o Hanamantappa Kuri
Smt. Uma D/o Hanamantappa Kuri
Sri. Basavaraj S/o Kambanna Kuri
The Project Director National Highway Authority of India, Vidyannagar, Hubballi
The Competent Authority and SPL. Land Acquisition Officer, National Highway, Mini Vidhana Soudha, Dharwad
H.T. Narendra Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
