Dismissed
Nagaraja S v. National Highways Authority of India
Karnataka HCWP/326/2022
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No. 326 of 2022 IN THE HIGH COURT OF…
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No. 326 of 2022 IN THE HIGH COURT OF…
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WP No. 326 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.326 OF 2022 (LA-RES)
BETWEEN:
…PETITIONER
(BY SRI. NAGARAJA S, - PARTY IN PERSON)
AND:
Digitally signed by POORNIMA SHIVANNA Location: HIGH COURT OF KARNATAKA
WP No. 326 of 2022
…RESPONDENTS
(BY SRI. NITHYANANDA K R, AGA FOR R4 SRI SAGAR S LADDA., ADVOCATE FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TO PAY DAMAGES TO THE EARNING OF THE APPLICANT OF RS.8,80,59,532/- (EIGHT CRORES EIGHTY LAKHS FIFTY NINE THOUSAND GIVE HUNDRED THIRTY TWO RUPEES ONLY) ALONG WITH INTEREST FROM TODAY TILL THE DATE O F PAYMENT AND ALL OTHER RELIEFS UNDER THE NATIONAL HIGHWAYS AUTHORITY OF INDIA AT 1988 AND NATIONAL HIGHWAYS ACT 1956 IN ACCORDANCE WITH LAW AND ETC.,
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
" A wherefore i hereby request you to pay for the uncompensated area os the land measuring 0- 01 gunta out of 0-09 gunta for the period from 03.11.2000 till 25.11.2006 (which is put in to use by nhai) and others strictly in accordance with law under national highwasy acts which is due even today
B. To pay damages to the earning of the applicant of rs.8,80,59,532/- (eight crores eighty lakhs fifty nine thousand give hundred thirty two rupees only) along with interest from today till the
WP No. 326 of 2022
date o f payment and all other reliefs under the National Highways Authority of India at 1988 and national highways act 1956 in accordance with law
C. And to complete the acquisition process of the entire scheduled land measuring 0-09 guntas under section 14 and 15 of the National Highways Authority of India Act 1988 at the earliest".
WP No. 326 of 2022
approached this Court in W.P.No.49425/2012, which was disposed on 20.03.2013 directing the respondent to consider the claim of damage of the petitioner. Thereafter, the said claim of damage was considered and an amount of Rs.68,470/- was awarded towards use of occupation of land without acquisition. Once again, the same came to be challenged before the arbitrator and thereafter the matter came up before this Court in MFA No.1056/2017, which came to be dismissed on 23.04.2019. The petitioner filed a review petition in R.P.No.273/2020, which also came to be dismissed by this Court on 11.06.2021. Aggrieved by the same, the petitioner had filed a special leave petition in S.L.P. No.13633/2021, which also came to be dismissed by the Apex Court. The contention of the petitioner is that the dismissal order of the Apex Court is a non-speaking order and therefore the petitioner is entitled to file the present petition.
WP No. 326 of 2022
bench of this Court dated 06.06.2013 in
W.A.No.2889/2013 where this Court observing that the petitioner/party-in-person has indulged in abuse of process of this Court had dismissed the writ appeal summarily by imposing cost of Rs.10,000/-.
WP No. 326 of 2022
petitioner once again. Hence, the writ petition stands dismissed in view of observations made by the division bench of this Court.
Sd/JUDGE
NMS
1 issue framed by the court
Whether the writ petition filed by the petitioner challenging previous compensation decisions amounts to an abuse of process of the Court.
Nagaraja S
National Highways Authority of India
Suraj Govindaraj
As recorded by the court registry
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