Disposed

Smt. Doddagangamma v. National Highways Authority of India

Karnataka HC23 Feb 2021WP/12176/2018

Case brief

AI extract

What is this about?

Challenge to land acquisition notification under the National Highways Act. Court disposed of the petition, reserving consideration of a fresh representation regarding potential relaxation of land requirement and directed authorities to afford personal hearing.

What did the court decide?

Steps taken: a) Petition disposed; b) No disposal pending representation; c) Opportunity of personal hearing afforded; d) Representation to be considered within one month.

Smt. Doddagangamma Vs National Highways Authority of India — Land Acquisition | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF FEBRUARY, 2021

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BEFORE

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THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.12176/2018 (LA-RES)

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BETWEEN :

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Smt. Doddagangamma, W/o Late Adaveeshaiah, Aged about 58 years, Resident of Ajjagondanahalli, Kora Post, Bellavi Hobli, Tumkur Taluk, Tumkur District - 572 101. … Petitioner (By Sri R.P. Somashekharaiah, Advocate)

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AND :

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National Highways Authority of India, (Ministry of Road Transport and Highways), G-5 & 6, Sector-10, Dwaraka, 0 New Delhi - 110 075, Representing Presiding Officer.

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Officer of the Competent Authority, For Land Acquisition NHAI, Davanagere - 577 005, Representing Presiding Authority/Officer.

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Manager (Technical) and Regularization Authority Officer, National High Way No.4, Tumkur - Harihara Division, Davanagere - 577 005. … Respondents

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(By Smt. Shilpa Shah, Advocate)

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This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the notification dated 16.6.2010 issued by the respondent in the gazette of India in No.1457 (E) for acquisition of the land bearing Sy. No.16 of Bommanahalli Village, Bellavi Hobli, Tumkur Taluk, Tumkur District to the extent of to the extent of 6696 square meters and final notification under Sub Section (1) of Section 3 (D) of the National High Ways Act in the gazette of India on 2nd June, 2011 under S.P.1274(E) for acquisition of the land bearing Sy. No.16, of Bommanahalli Village, Bellavi Hobli, Tumkur Taluk, Tumkur District to the extent of to the extent of 5050 square meter vide Annexures-C and J respectively and award cost and etc.

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This Writ Petition coming on for orders this day, the Court, made the following:

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ORDER

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Petitioner has challenged the validity of the notification dated 16.06.2010 issued by the respondents as regards the property in Sy. No.16 of Bommanahalli Village, Bellavi Hobli, Tumkur Taluk, with respect to an extent of 6696 sq. meters and subsequently reduced to an extent of 5050 sq. meters in the final notification passed under Section 3(D)(1) of the National Highways Act, 1956.

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Learned counsel for the petitioner submits that a

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road has been laid out and their oral request is that if the petitioner's land is no more required for the purpose for

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which it was notified, petitioner's representation may be considered and appropriate orders be passed.

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Learned counsel for the respondents on the other

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hand contends that though the road has been laid out, for other allied purposes including for truck parking, land is required.

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However, taking note of the submission of the learned counsel for the petitioner, without expressing any opinion on the merits of the representation, it would be appropriate to keep open the consideration of a fresh representation of the petitioner to the effect, that requirement of the land of the petitioner may be considered and if there is no such requirement as on date, the authority may examine as to whether any relief can be granted to the petitioner at their end, as per law.

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While noticing that there is delay in filing the petition, without entering into the merits of the contentions raised but looking into the limited request made by the

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petitioner, it would meet the ends of justice if the respondents are directed to consider the representation to be made by the petitioner in terms of the observations made above. If such representation is made within a week from the date of release of this order, respondents are at liberty to consider the said representation with an open mind. The right of the petitioner insofar as enhancement of compensation, if sought to be claimed in the event of any adverse order by the respondents, liberty is reserved to take such steps as is permissible in law as regards to claiming enhancement and delay in seeking enhancement will be taken note of appropriately considering that the present petition is disposed off with the observations as made herein.

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6. Accordingly, I pass the following:

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ORDER

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a) Petition is disposed off .

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b) It is made clear that till the disposal of the

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representation of the petitioner, respondent -

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Authority would not take any action to dispossess the petitioner.

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c) Respondent - Authority to afford an

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opportunity of personal hearing while disposing of the representation referred to above.

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d) Respondent - Authority to consider and pass necessary orders on the representation of the petitioner within a period of one month from the date of release of this order.

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Sd/-

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JUDGE

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Smt. Doddagangamma v. National Highways Authority of India

Case brief

What is this about?

What did the court decide?

Smt. Doddagangamma v. National Highways Authority of India

Case brief

What is this about?

What did the court decide?

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