Dismissed

The Special Land Acquistion Officer v. Premabai W/O Mohan Gaonkar

Karnataka HC7 Oct 2023WA/100342/2022

Case brief

AI extract

What is this about?

Batch of intra-court appeals against a common Single Judge order awarding compensation to land owners whose lands were acquired for BRTS road widening. The Division Bench held that mere earmarking as road margin does not divest owners, Section 32(5) KUDA Act covers only internal roads, and undertakings are no estoppel against Article 300-A. Appeals dismissed; awards denying compensation quashed an

What did the court decide?

Appeals dismissed; Single Judge order confirmed; awards and endorsements denying compensation quashed; authorities directed to pass fresh awards and pay compensation with statutory benefits within thr

The Special Land Acquistion Officer Vs Premabai W/O Mohan… — Land Acquisition | Karnataka HC (2023)

¶1

-1NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS R

¶2

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

¶3

DATED THIS THE 7^TH DAY OF OCTOBER, 2023

¶4

PRESENT

¶5

THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR

¶6

AND

¶7

THE HON'BLE MR JUSTICE G BASAVARAJA

¶8

K M SOMASHEKAR

¶9

Digitally signed by K M SOMASHEKAR Date: 2023.12.12 16:50:33 +0530

¶10

WRIT APPEAL NO. 100266 OF 2022 (LA-RES)

¶11

C/W

¶12

WRIT APPEAL NO. 100262 OF 2022 (LA-RES) WRIT APPEAL NO. 100285 OF 2022 (LA-RES) WRIT APPEAL NO. 100335 OF 2022 (LA-RES) WRIT APPEAL NO. 100270 OF 2022 (LA-RES) WRIT APPEAL NO. 100566 OF 2022 (LA-RES) WRIT APPEAL NO. 100082 OF 2023 (LA-RES) WRIT APPEAL NO. 100279 OF 2022 (LA-RES) WRIT APPEAL NO. 100463 OF 2022 (LA-RES) WRIT APPEAL NO. 100481 OF 2022 (LA-RES) WRIT APPEAL NO. 100511 OF 2022 (LA-RES) WRIT APPEAL NO. 100283 OF 2022 (LA-RES) WRIT APPEAL NO. 100310 OF 2022 (LA-RES) WRIT APPEAL NO. 100343 OF 2022 (LA-RES) WRIT APPEAL NO. 100471 OF 2022 (LA-RES) WRIT APPEAL NO. 100284 OF 2022 (LA-RES) WRIT APPEAL NO. 100559 OF 2022 (LA-RES) WRIT APPEAL NO. 100066 OF 2023 (LA-RES) WRIT APPEAL NO. 100124 OF 2023 (LA-RES) WRIT APPEAL NO. 100315 OF 2022 (LA-RES) WRIT APPEAL NO. 100317 OF 2022 (LA-RES)

¶13

2 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶14

WRIT APPEAL NO. 100331 OF 2022 (LA-RES) WRIT APPEAL NO. 100502 OF 2022 (LA-RES) WRIT APPEAL NO. 100464 OF 2022 (LA-RES) WRIT APPEAL NO. 100478 OF 2022 (LA-RES) WRIT APPEAL NO. 100151 OF 2023 (LA-RES) WRIT APPEAL NO. 100453 OF 2022 (LA-RES) WRIT APPEAL NO. 100074 OF 2023 (LA-RES) WRIT APPEAL NO. 100110 OF 2023 (LA-RES) WRIT APPEAL NO. 100462 OF 2022 (LA-RES) WRIT APPEAL NO. 100521 OF 2022 (LA-RES) WRIT APPEAL NO. 100537 OF 2022 (LA-RES) WRIT APPEAL NO. 100081 OF 2023 (LA-RES) WRIT APPEAL NO. 100465 OF 2022 (LA-RES) WRIT APPEAL NO. 100472 OF 2022 (LA-RES) WRIT APPEAL NO. 100497 OF 2022 (LA-RES) WRIT APPEAL NO. 100561 OF 2022 (LA-RES) WRIT APPEAL NO. 100512 OF 2022 (LA-RES) WRIT APPEAL NO. 100443 OF 2022 (LA-RES) WRIT APPEAL NO. 100108 OF 2023 (LA-RES) WRIT APPEAL NO. 100301 OF 2023 (LA-RES) WRIT APPEAL NO. 100420 OF 2022 (LA-RES) WRIT APPEAL NO. 100466 OF 2022 (LA-RES) WRIT APPEAL NO. 100484 OF 2022 (LA-RES) WRIT APPEAL NO. 100051 OF 2023 (LA-RES) WRIT APPEAL NO. 100017 OF 2023 (LA-RES) WRIT APPEAL NO. 100460 OF 2022 (LA-RES) WRIT APPEAL NO. 100475 OF 2022 (LA-RES) WRIT APPEAL NO. 100173 OF 2023 (LA-RES) WRIT APPEAL NO. 100452 OF 2022 (LA-RES) WRIT APPEAL NO. 100498 OF 2022 (LA-RES) WRIT APPEAL NO. 100507 OF 2022 (LA-RES) WRIT APPEAL NO. 100163 OF 2023 (LA-RES)

¶15

3 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶16

WRIT APPEAL NO. 100410 OF 2022 (LA-RES) WRIT APPEAL NO. 100034 OF 2023 (LA-RES) WRIT APPEAL NO. 100069 OF 2023 (LA-RES) WRIT APPEAL NO. 100125 OF 2023 (LA-RES) WRIT APPEAL NO. 100412 OF 2022 (LA-RES) WRIT APPEAL NO. 100003 OF 2023 (LA-RES) WRIT APPEAL NO. 100061 OF 2023 (LA-RES) WRIT APPEAL NO. 100096 OF 2023 (LA-RES) WRIT APPEAL NO. 100509 OF 2022 (LA-RES) WRIT APPEAL NO. 100338 OF 2022 (LA-RES) WRIT APPEAL NO. 100065 OF 2023 (LA-RES) WRIT APPEAL NO. 100297 OF 2023 (LA-RES) WRIT APPEAL NO. 100302 OF 2023 (LA-RES) WRIT APPEAL NO. 100020 OF 2023 (LA-RES) WRIT APPEAL NO. 100058 OF 2023 (LA-RES) WRIT APPEAL NO. 100072 OF 2023 (LA-RES) WRIT APPEAL NO. 100209 OF 2023 (LA-RES) WRIT APPEAL NO. 100342 OF 2022 (LA-RES) WRIT APPEAL NO. 100456 OF 2022 (LA-RES) WRIT APPEAL NO. 100004 OF 2023 (LA-RES) WRIT APPEAL NO. 100095 OF 2023 (LA-RES) WRIT APPEAL NO. 100344 OF 2022 (LA-RES) WRIT APPEAL NO. 100442 OF 2022 (LA-RES) WRIT APPEAL NO. 100562 OF 2022 (LA-RES) WRIT APPEAL NO. 100080 OF 2023 (LA-RES) WRIT APPEAL NO. 100458 OF 2022 (LA-RES) WRIT APPEAL NO. 100377 OF 2022 (LA-RES) WRIT APPEAL NO. 100560 OF 2022 (LA-RES) WRIT APPEAL NO. 100055 OF 2023 (LA-RES) WRIT APPEAL NO. 100374 OF 2022 (LA-RES) WRIT APPEAL NO. 100476 OF 2022 (LA-RES) WRIT APPEAL NO. 100501 OF 2022 (LA-RES)

¶17

4 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶18

WRIT APPEAL NO. 100049 OF 2023 (LA-RES) WRIT APPEAL NO. 100368 OF 2022 (LA-RES) WRIT APPEAL NO. 100373 OF 2022 (LA-RES) WRIT APPEAL NO. 100459 OF 2022 (LA-RES) WRIT APPEAL NO. 100044 OF 2023 (LA-RES) WRIT APPEAL NO. 100327 OF 2022 (LA-RES) WRIT APPEAL NO. 100301 OF 2022 (LA-RES) WRIT APPEAL NO. 100500 OF 2022 (LA-RES) WRIT APPEAL NO. 100088 OF 2023 (LA-RES) WRIT APPEAL NO. 100340 OF 2022 (LA-RES) WRIT APPEAL NO. 100455 OF 2022 (LA-RES) WRIT APPEAL NO. 100499 OF 2022 (LA-RES) WRIT APPEAL NO. 100411 OF 2022 (LA-RES) WRIT APPEAL NO. 100440 OF 2022 (LA-RES) WRIT APPEAL NO. 100450 OF 2022 (LA-RES) WRIT APPEAL NO. 100054 OF 2023 (LA-RES) WRIT APPEAL NO. 100482 OF 2022 (LA-RES) WRIT APPEAL NO. 100496 OF 2022 (LA-RES) WRIT APPEAL NO. 100053 OF 2023 (LA-RES) WRIT APPEAL NO. 100062 OF 2023 (LA-RES) WRIT APPEAL NO. 100444 OF 2022 (LA-RES)

¶19

CCC NO. 100272 OF 2022

¶20

WRIT APPEAL NO. 100492 OF 2022 (LA-RES) WRIT APPEAL NO. 100016 OF 2023 (LA-RES) WRIT APPEAL NO. 100098 OF 2023 (LA-RES) WRIT APPEAL NO. 100375 OF 2022 (LA-RES) WRIT APPEAL NO. 100423 OF 2022 (LA-RES) WRIT APPEAL NO. 100073 OF 2023 (LA-RES) WRIT APPEAL NO. 100318 OF 2022 (LA-RES) WRIT APPEAL NO. 100454 OF 2022 (LA-RES) WRIT APPEAL NO. 100567 OF 2022 (LA-RES) WRIT APPEAL NO. 100295 OF 2023 (LA-RES)

¶21

5 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶22

WRIT APPEAL NO. 100563 OF 2022 (LA-RES) WRIT APPEAL NO. 100477 OF 2022 (LA-RES) WRIT APPEAL NO. 100057 OF 2023 (LA-RES) WRIT APPEAL NO. 100523 OF 2022 (LA-RES) WRIT APPEAL NO. 100085 OF 2023 (LA-RES) WRIT APPEAL NO. 100126 OF 2023 (LA-RES) WRIT APPEAL NO. 100129 OF 2023 (LA-RES) WRIT APPEAL NO. 100056 OF 2023 (LA-RES) WRIT APPEAL NO. 100298 OF 2023 (LA-RES) WRIT APPEAL NO. 100430 OF 2022 (LA-RES) WRIT APPEAL NO. 100071 OF 2023 (LA-RES) WRIT APPEAL NO. 100305 OF 2023 (LA-RES)

¶23

IN WA NO.100266 OF 2022:

¶24

BETWEEN:

¶25

THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO: VIDYANAGAR, HOSUR, HUBBALLI-580021, TALUK: HUBBALLI, DIST: DHARWAD, OLD ADDRESS HUBLI DHARWAD MUNICIPAL CORPORATION, STATION ROAD HUBLI, REP. BY ITS COMMISSIONER.

¶26

…APPELLANT

¶27

(BY SRI. C.V.ANGADI, ADVOCATE)

¶28

AND:

¶29

SRI. ARUN VENKANNA NAVALI AGED 55 YEARS, OCC. BUSINESS, R/AT. OLD INCOME TAX OFFICE ROAD, VIDYANAGAR, HUBBALLI 580021, TALUK. HUBBALLI, DIST. DHARWAD.

¶30

HUBBALLI DHARWAD MUNICIPAL CORPORATION STATION ROAD, HUBBALLI 580029, REPRESENTED BY ITS COMMISIONER.

¶31

6 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶32

THE TAHASILDAR HUBBALLI -580020.

¶33

…RESPONDENTS

¶34

(BY SRI.G.R.GURUMATH, SENIOUR COUNSEL FOR SRI. MALLIKARJUNSWAMY B. HIREMATH, ADV. FOR R1; SRI.V.M.SHEELVANT, ADV. FOR R2; SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. MALLIKARJUNSWAMY B.HIREMATH, ADV. FOR R4)

¶35

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON’BLE COURT TO, (A) ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 22-12-2021 PASSED IN W.P.NO.108208 AND 108209/2016(LA-RES);(B) DISMISS W.P.NO.108208 AND 108209/2016(LA-RES).

¶36

IN WA NO.100262 OF 2022:

¶37

BETWEEN:

¶38

THE STATE OF KARNATAKA REP BY THE PRINCIPAL SECRETARY TO GOVT. DEPT. OF URBAN DEVELOPMENT, VIKASA SOUDHA BENGALURU-560001.

¶39

THE TAHASILDAR HUBBALLI -580029.

¶40

…APPELLANTS

¶41

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W

¶42

SRI. G.K.HIREGOUDAR, GOVT. ADV.)

¶43

AND:

¶44

SRI. ARUN VENKANNA NAVALI AGED 55 YEARS, OCC. BUSINESS, R/AT. OLD INCOME TAX OFFICE ROAD, VIDYANAGAR, HUBBALLI 580021, TALUK. HUBBALLI-5800021.

¶45

HUBBALLI DHARWAD MUNCIPAL CORPORATION, STATION ROAD, HUBBALLI-580020, REPRESENTED BY ITS COMMISSIONER.

¶46

THE KARANATAKA ROAD DEVELOPMENT CORPORATION LTD., KSFC BUILDING, FIRST FLOR, P.B.ROAD, RAYAPUR-580009, REPRESENTED BY ITS SPECIAL LAND ACQUISITION OFFCER.

¶47

…RESPONDENTS

¶48

- 7 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶49

(BY SRI.G.R.GURUMATH, SENIOUR COUNSEL FOR

¶50

SRI. MALLIKARJUNSWAMY B. HIREMATH, ADV. FOR R1; SRI.V.M.SHEELVANT, ADV. FOR R2;

¶51

SRI.C.V.ANGADI, ADV. FOR R3)

¶52

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON’BLE COURT TO, PRAYING TO A. CALL FOR THE RECORDS IN W.P. NOS. 108208-108209/2016 DATED 22.12.2021 AND AFTER EXAMINING THE SAMEB. QUASH THE IMPUGNED ORDER DATED 22.12.2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P. NOS 108208-108209/2016 C. GRANT SUCH OTHER RELIEFS AS THIS HON’BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE.

¶53

IN WA NO.100285 OF 2022:

¶54

BETWEEN:

¶55

HUBBALLI URABAN DEVELOPMENT AUTHORITY REP.BY ITS COMMISSIONER, NAGANAGAR, TQ. HUBBALLI, DIST. DHARWAD-580001.

¶56

…APPELLANT

¶57

(BY SRI. B. SHARANABASAWA, ADVOCATE)

¶58

AND:

¶59

HUBBALLI DHARWAD MUNICIPAL CORPORATION STATION ROAD, HUBBALLI, REPRESENTED BY ITS COMMISSIONER.

¶60

THE KARNATAKA ROAD DVELOPMENT CORPORATION LIMITED, K.S.F.C. BUILDING, FIRST FLOOR, P.B.ROAD, RAYAPUR, DHARWAD – 580001. REPRESENTED BY IS SPECIAL LAND ACQUISITION OFFICER.

¶61

THE TAHASHILDAR HUBBALLI, TQ AND DIST. DHARWAD.

¶62

SRI. ARUN S/O. VENKANNA NAVALI AGE. 55 YEARS, OCC. BUSINESS, R/O OLD INCOME TAX OFFICE ROAD, VIDYANAGAR, HUBBALLI, TQ AND DIST. DHARWAD.

¶63

…RESPONDENTS

¶64

(BY SRI.C.V.ANGADI, ADV. FOR R1; SRI.V.M.SHEELVANT, ADV. FOR R2; SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R3; SRI.G.R.GURUMATH, SENIOUR COUNSEL FOR SRI. MALLIKARJUNSWAMY B. HIREMATH, ADV. FOR R4)

¶65

8 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶66

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, WHEREFORE, FOR THE REASONS AND GROUNDS STATED ABOVE THIS HON BLE COURT MAY KINDLY BE PLEASED TO ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND ORDER DATED 22.12.2021, PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO. 108208-108209/2016 BY DISMISSING THE WRIT PETITION.

¶67

IN WA NO.100335 OF 2022:

¶68

BETWEEN:

¶69

HUBLI -DHARWAD MUNICIPAL CORPORATION HUBBALLI, BY ITS COMMISSIONER, BY ITS AUTHORIZED OFFICER, SAVITA PATIL, LAW OFFICER-580001.

¶70

…APPELLANT

¶71

(BY SRI. A.P.KAMOJI, ADVOCATE)

¶72

AND:

¶73

SRI. ARUN VENKANNA NAVALI AGED 54 YEARS, OCC. BUSINESS, R/O. OLD INCOME TAX, OFFICE ROAD, VIDYANAGAR, HUBBALLI-580022.

¶74

THE KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., KSFC BUILDING FIRST FLOOR, P.B. ROAD, RAYAPUR, DHARWAD, R/BY ITS SPECIAL LAND ACQUISITION OFFICER.

¶75

THE TAHASILDAR HUBBALLI-580022.

¶76

…RESPONDENTS

¶77

(BY SRI.C.V.ANGADI, ADV. FOR R2; SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R3)

¶78

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, PLEASED TO ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 22/12/2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.108208/2016 (LA-RES), IN THE INTEREST OF JUSTICE AND EQUITY.

¶79

9 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶80

IN WA NO.100270 OF 2022:

¶81

BETWEEN:

¶82

HUBLI -DHARWAD MUNICIPAL CORPORATION HUBBALLI, BY ITS COMMISSIONER, BY ITS AUTHORIZED OFFICER, SAVITA PATIL, LAW OFFICER.

¶83

…APPELLANT

¶84

(BY SRI.V.M.SHEELVANT, ADVOCATE)

¶85

AND:

¶86

SHRI. DHARMASTHALA MANJUNATHESHWAR MEDICAL EDUCATIONAL SOCIETY, OLD P.B.ROAD, DIST. DHARWAD -580001.

¶87

THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA ROAD DEVELOPMENT CO. LTD., 1^ST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD-580009.

¶88

HUBBALLI DHARWAD BRTS CO. LTD (DIRECTORATE OF URBAN LAND TRANSPORT) 1^ST FLOOR, KSFC BUILDING, RAYAPUR, P.B.RAOD, DHARWAD – 580009, THE MANAGING DIRECTOR.

¶89

THE SPECIAL OFFICER K.R.L.C.L/B.R.T.S RAYAPUR, P.B.ROAD, DHARWAD – 58009.

¶90

THE COMMISSIONER HUBBALLI-DHARWAD URBAN DEVELOPMENT AUTHORITY, HUBBALLI-580001.

¶91

THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, M.S.BUILDING, BENGALURU-560001.

¶92

THE CHIEF ENGINEER KRDCL, NO.16, J MILLAR TANK BED AREA, TIMMAYYA ROAD CROSS, BENGALURU – 560002. …RESPONDENTS

¶93

(BY SRI. SMT.ARCHANA MAGADUM, ADVOCATE FOR R1; SRI.B.SHARANABASAWA, ADV. FOR R3; SRI.C.V.ANGADI ADV. FOR R2; SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R4)

¶94

10 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶95

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 22/12/2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.104989-104990/2018 (LA-RES), IN THE INTEREST OF JUSTICE AND EQUITY.

¶96

IN WA NO.100566 OF 2022:

¶97

BETWEEN:

¶98

THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 2ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO. VIDYANAGR, HOSUR, HUBBALLI-580021, TALUK. HUBBALI, DIST. DHARWAD, OLD ADDRESS: THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 1^ST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD-580009.

¶99

THE MANAGING DIRECTOR HUBBALLI - DHARWAD BRTS COMPANY LTD, 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO. VIDYANAGR, HOSUR, HUBBALLI-580021 TALUK. HUBBALI, DIST. DHARWAD, DHARWAD-580 009. OLD ADDRESS: HUBBALLI - DHARWAD BRTS COMPANY LTD, (DIRECTORATE OF URBAN LAND TRANSPORT) 1^ST FLOOR, KSFC BUILDING, RAYAPUR, P.B.ROAD, BY ITS MANAGING DIRECTOR.

¶100

…APPELLANTS

¶101

(BY SRI. C.V. ANGADI, ADVOCATE)

¶102

AND:

¶103

SHRI. DHARMASTHALA MANJUNATHESHWAR MEDICAL EDUCATION SOCIETY, OLD P.B. ROAD, DHARWAD-580 001 REPRESENTED BY ITS SECRETARY, V.JEEVANDHAR KUMAR, AGE:79 YEARS.

¶104

11 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶105

THE SPECIAL OFFICER K.R.D.C.L/B.R.T.S, OFFICE OF BRTS, 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO. VIDYANAGAR, HOSUR, HUBBALLI-580021, OLD ADDRESS: THE SPECIAL OFFICER K.R.D.C.L/B.R.T.S, RAYAPUR, DHARWAD-580009.

¶106

THE COMMISSIONER HUBBALLI DHARWAD URBAN DEVELOPMENT AUTHORITY, HUBBALLI-580001.

¶107

THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, M.S.BUILDING, BENGALURU-560001.

¶108

THE CHIEF ENGINEER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., NO.16,2^ND FLOOR, SAMPARKA SOUDHA, OPP ORION MALL, DR. RAJKUMAR RD, RAJAJINAGAR, BENGALURU, KARNATAKA-560010. OLD ADDRESS: THE CHIEF ENGINEER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., NO.16, J MILLER TANK BED AREA, TIMMAYYA ROAD CROSS, BANGALORE-560002.

¶109

…RESPONDENTS (BY SRI. SMT.ARCHANA MAGADUM, ADVOCATE FOR R1; SRI.B.SHARANABASAWA, ADV. FOR R3; SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R4; R2 AND R5-DISPENSED WITH)

¶110

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT

¶111

ACT, 1961, PRAYING THIS HON BLE COURT TO, SET-ASIDE THE ORDER DATED 22-12-2021 PASSED IN W.P.NO.104989-104990/2018(LA-RES).

¶112

- 12 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶113

IN WA NO.100082 OF 2023:

¶114

BETWEEN:

¶115

HUBBALLI URBAN DEVELOPMENT AUTHORITY R/BY ITS COMMISSIONER, NAVANAGAR, TQ. HUBBALLI,

¶116

DIST. DHARWAD-580001

¶117

…APPELLANT

¶118

(BY SRI. B SHARANABASAWA, ADVOCATE)

¶119

AND:

¶120

THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 1^ST FLOOR, KSFC BUILDING,

¶121

RAYAPUR, DHARWAD-580009.

¶122

HUBLI DHARWAD BRTS COMPANY LTD, (DIRECTORATE OF URBAN LAND TRANSPORT), 1^ST FLOOR, KSFC BUILDING,

¶123

RAYAPUR, P.B.ROAD, DHARWAD-580 009, BY ITS MANAGING DIRECTOR.

¶124

THE SPECIAL OFFICER K.R.D.C.L./B.R.T.S, RAYAPUR, DHARWAD-580009.

¶125

THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT M.S.BUILDING, BENGALURU-560 001, REP. BY ITS SECRETARY.

¶126

THE CHIEF ENGINEER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD, NO.16, J.MILLAR TANK BED AREA TIMMAYYA ROAD CROSS, BENGALURU-560 002.

¶127

SHRI. DHARMASTHALA MANJUNATHESHWAR MEDICAL EDUCATION SOCIETY, OLD P.B.ROAD, DAHRWAD-580001, REPRESENTED BY ITS SECRETARY,

¶128

V. JEEVANDHAR KUMAR, AGE. 79 YEARS.

¶129

…RESPONDENTS

¶130

(BY SRI. SMT.ARCHANA MAGADUM, ADVOCATE FOR C/R6; SRI. C.V.ANGADI, ADV. FOR R1, R2 AND R5; SRI.V.M.SHEELVANT, ADV. FOR R3; SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R4)

¶131

13 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶132

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 22/12/2021 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO. 104989-104990/2018 BY DISMISSING THE WRIT PETITION.

¶133

IN WA NO.100279 OF 2022:

¶134

BETWEEN:

¶135

THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO. VIDYANAGR, HOSUR, HUBBALLI-580021 TALUK. HUBBALI, DIST. DHARWAD, OLD ADDRESS: KRDCL, 1^ST FLOOR, KSFC BUILDING, P.B.ROAD, RAYAPUR, DHARWAD-580009.

¶136

THE MANAGING DIRECTOR HUBBALLI-DHARWAD BRTS COMPANY LTD., 2ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO. VIDYANAGR, HOSUR, HUBBALLI-580021 TALUK. HUBBALI, DIST. DHARWAD, OLD ADDRESS: HUBBALLI-DHARWAD, KDDCL COMPANY LTD., REP BY ITS MANAGING DIRECTOR, DHARWAD, TQ AND DIST: DHARWAD-580001.

¶137

…APPELLANTS

¶138

(BY SRI. C. V. ANGADI, ADVOCATE)

¶139

AND:

¶140

SMT. SONABAI W/O. TUKARAM SHINDHE AGED. 73 YEARS, OCC. HOUSEHOLD, R/O. NAVALUR-580009, TQ. DIST. DHARWAD.

¶141

SHRI. TUKARAM S/O. NARAYAN SHINDHE AGED. 79 YEARS, OCC. BUSINESS, R/O. NAVALUR-580009, TQ. DIST. DHARWAD.

¶142

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¶143

SMT. RAVI S/O. TUKARAM SHINDHE AGED. 49 YEARS, OCC. BUSINESS, R/O. NAVALUR-580009, TQ. DIST. DHARWAD.

¶144

SMT. ROOPA W/O. RAVI SHINDHE AGED. 40 YEARS, OCC. BUSINESS, R/O. NAVALUR-580009, TQ. DIST. DHARWAD.

¶145

THE STATE OF KARNATAKA DEPARTMENT OF KARNATAKA PUBLIC WORKS, PORTS AND INLAND WATER TRANSPORT DEPARTMENT M.S. BUILDING, BENGALURU-560001, REP BY ITS SECRETARY.

¶146

THE COMMISSIONER HDMC, DHARWAD-580008.

¶147

HUBBALLI DHARWAD URBAN DEVELOPMENT AUTHORITY, REPRESENTED BY ITS COMMISSIONER, NAVANAGAR, TALUK. HUBBALLI, DIST, DHARWAD-580001.

¶148

…RESPONDENTS

¶149

(BY SRI. SHIVASAI M.PATIL AND SRI. R.R.ROTI, ADV. FOR R4; SRI.V.M. SHEELVANT, ADV. FOR R6; SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R4 SRI.B.SHARANABASAWA. ADV. FOR R7)

¶150

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, (A) ALLO THIS WRIT APPEAL TO SET ASIDE THE ORDER DATED 22-12-2021 PASSED IN W.P.NO.104783/2016 (LA-RES).(B) TO DISMISS W.P.NO.104783/2016 (LARES).

¶151

IN WA NO.100463 OF 2022:

¶152

BETWEEN:

¶153

HUBBALLI -DHARWAD URBAN DEVELOPMENT AUTHORITY, REP. BY ITS COMMISSIONER, NAGANAGAR, TQ. HUBBALLI, DIST. DHARWAD -580001.

¶154

…APPELLANT

¶155

(BY SRI. B SHARANABASAWA, ADVOCATE)

¶156

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¶157

AND:

¶158

THE STATE OF KARNATAKA DEPARTMENT OF KARNATAKA PUBLIC WORKS, PORTS AND INLAND WATER TRANSPORT DEPARTMENT, M S BUILDING, BENGALURU 01, REP. BY ITS SECRETARY.

¶159

THE SPECIAL LAND ACQUISTION OFFICER KRDCL, 1^ST FLOOR, KSFC BUILDING, P.B.ROAD, RAYAPUR, DHAWAD -580009.

¶160

THE COMMISSIONER HDMC, DHARWAD.

¶161

HUBBALLI DHARWAD KRDCL CO.LTD., REPRESENTED BY ITS MANAGING DIRECTOR, TQ. AND DIST. DHARWAD 580009.

¶162

SMT. SONABAI W/O. TUKARAM SHINDE AGED ABOUT 74 YEARS, OCC. HOUSEHOLD WORK, R/O. NAVALUR, DHARWAD.

¶163

SHRI. TUKARAM S/O. NARAYAN SHINDE AGED ABOUT 80 YEARS, OCC. BUSINESS, R/O. NAVALUR, DHARWAD.

¶164

SHRI. RAVI S/O. TUKARAM SHINDE AGED ABOUT 60 YEARS,OCC. BUSINESS, R/O. NAVALUR, DHARWAD.

¶165

SMT. ROOPA W/O RAVI SHINDE AGED ABOUT 41 YEARS, OCC. BUSINESS, R/O. NAVALAUR, DHARWAD.

¶166

…RESPONDENTS

¶167

(BY SRI. C.V.ANGADI, ADV. FOR R2 AND R4; SRI.V.M.SHEELVANT, ADV. FOR R3; SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R1; R5-DECEASED; R6, R7, R8-SERVED)

¶168

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, WHEREFORE, FOR THE REASONS AND GROUNDS STATED ABOVE, THIS HON BLE COURT MAY KINDLY BE PLEASED TO ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND ORDER DATED 22.12.2021 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.104783/2016 BY DISMISSING THE WRIT PETITION.

¶169

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¶170

IN WA NO.100481 OF 2022:

¶171

BETWEEN:

¶172

HUBBALLI DHARWAD MUNICIPAL CORPORATION DHARWAD, BY ITS COMMISSIONER

¶173

…APPELLANT

¶174

(BY SRI. V M SHEELVANT, ADVOCATE)

¶175

AND:

¶176

SMT. SONABAI W/O. TUKARAM SHINDE AGED. 70 YEARS, OCC. HOUSEHOLD, R/O. NAVLUR, TQ. AND DIST. DHARWAD.

¶177

SHRI. TUKARAM S/O. NARAYAN SHINDE AGED. 76 YEARS, OCC. BUSINESS, R/O. NAVLUR, TQ. AND DIST. DHARWAD.

¶178

SHRI. RAVI S/O. RUKARAM SHINDE AGED. 46 YEARS, OCC. BUSINESS, R/O. NAVLUR, TQ. AND DIST. DHARWAD.

¶179

SMT. ROOPA W/O. RAVI SHINDE AGED. 37 YEARS, OCC. BUSINESS, R/O. NAVLUR, TQ. AND DIST. DHARWAD.

¶180

THE STATE OF KARNATAKA DEPARTMENT OF KARNATAKA PUBLIC WORKS PORTS AND INLAND WATER TRANSPORT DEPARTMENT M.S. BUILDING, BENGALURU-01, R/BY ITS SECRETARY.

¶181

THE SPECIAL LAND ACQUISITION OFFICER K.R.D.C.L., 1^ST FLOOR, KSFC BUILDING, P.B. ROAD, RAYAPUR, DHARWAD-580009.

¶182

HUBBALLI-DHARWAD KRDCL CO. LTD., R/BY ITS MANAGING DIRECTOR, TQ. AND DIST. DHARWAD-580009.

¶183

THE COMMISSIONER H.D.U.D.A., NAVANAGAR, DHARWAD-580009. …RESPONDENTS

¶184

(BY SRI. B.SHARANABASAWA, ADV. SRI. C.V.ANGADI, ADV. SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV.)

¶185

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¶186

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, WHEREFORE, THE APPELLANT MOST RESPECTFULLY PRAYS THAT THE HON BLE COURT BE PLEASED TO ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED.22.12.2021 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.104783/2016 (LA).

¶187

IN WA NO.100511 OF 2022:

¶188

BETWEEN:

¶189

THE STATE OF KARNATAKA DEPARTMENT OF KARNATAKA PUBLIC WORKS, PORTS AND INLAND WATER TRANSPORT DEVELOPMENT, MS BUILDING, BENGALURU-01, REP BY ITS SECRETARY.

¶190

…APPELLANT

¶191

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W

¶192

SRI. G.K.HIREGOUDAR, GOVT. ADV.)

¶193

AND:

¶194

SMT. SONABAI W/O. TUKARAM SHINDE AGED. 74 YEARS, OCC. HOUSEHOLD, R/O. NAVLUR-580009, TQ. AND DIST. DHARWAD.

¶195

SHRI. TUKARAM S/O. NARAYAN SHINDE AGED. 80 YEARS, OCC. BUSINESS, R/O. NAVLUR-580009, TQ. AND DIST. DHARWAD.

¶196

SHRI. RAVI S/O. RUKARAM SHINDE AGED. 50 YEARS, OCC. BUSINESS, R/O. NAVLUR-580009, TQ. AND DIST. DHARWAD.

¶197

SMT. ROOPA W/O. RAVI SHINDE AGED. 41 YEARS, OCC. BUSINESS, R/O. NAVLUR-580009, TQ. AND DIST. DHARWAD.

¶198

THE SPECIAL LAND ACQUISITION OFFICER KRDCL/HDBRTS, 2^ND FLOOR, B BLOCK, NWKRTC INTERCHANGE BUILDING, NEW COURT ROAD, PO: VIDYANAGAR, HOSUR, HUBBALLI-580021, TALUK: HUBBALLI, DIST: DHARWAD.

¶199

THE COMMISSIONER HDMC DHARWAD.

¶200

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¶201

MANAGING DIRECTOR HUBBALLLI- DHARWAD BRTC COMPANY LTD., 2^ND FLOOR, B BLOCK, NWKRTC INTERCHANGE BUILDING, NEW COURT ROAD, PO: VIDYANAGAR, HOSUR, HUBBALLI-580021, TALUK: HUBBALLI, DIST: DHARWAD.

¶202

THE COMMISSIONER HUBBALLI DHARWAD URBAN DEVELOPMENT AUTHORITY, NAVANGAR, HUBBALLI-580025, DIST: DHARWAD.

¶203

…RESPONDENTS

¶204

(BY SRI.V.M.SHEELVANT, ADV. FOR R6; SRI. C.V.ANGADI, ADV. FOR R5 AND R7; SRI.B.SHARANABASAWA, ADV. FOR R8; R1, R2, R3 AND R4-SERVED)

¶205

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, (A) ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 22-12-2021 PASSED IN W.P.NO.104783/2016 (LARES).(B) DISMISS W.P.NO.104783/2016 (LA-RES).

¶206

IN WA NO.100283 OF 2022:

¶207

BETWEEN:

¶208

THE SPECIAL LQND ACQUISITION OFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 2ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO. VIDYANAGR, HOSUR, HUBBALLI-580021 TALUK. HUBBALI, DIST. DHARWAD, OLD ADDRESS: THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA ROAD DEVELOPMENT CO. LTD., 1^ST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD-580009.

¶209

THE MANAGING DIRECTOR HUBBALLI - DHARWAD BRTS COMPAN LTD., 2ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO. VIDYANAGR, HOSUR, HUBBALLI-580021 TALUK. HUBBALI, DIST. DHARWAD, OLD ADDRESS: HUBBALLI DHARWAD BRTS CO. LTD OFFICE OF BRTC, 1^ST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD.

¶210

…APPELLANTS

¶211

(BY SRI. C.V. ANGADI,ADVOCATE)

¶212

- 19 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶213

AND:

¶214

BELLAD AND COMPANY HYUNDAI DIVISION, BHAIRIDEVARKOPPA, HUBBALLI-580025. TALUK. HUBBALLI, DIST. DHARWAD. BY ITS MANAGING PARTNER, ARAVIND S/O. CHANDRAKANT BELLAD.

¶215

THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, M.S. BUILDING, BENGALURU-560001. BY ITS PRINCIPAL SECRETARY.

¶216

THE CHIEF ENGINEER KRDCL LIMITED, NO.16, 2ND CLOOR, SAMPARKA SOUDHA, OPP ORION MALL, DR RAJKUMAR RD. RAJAJINAGAR, BENGAKLURU, KARNATAKA-560010.

¶217

THE COMMISSIONER HUBBALLI DHARWAD URBAN DEVELOPMENT AUTHORITY, HUBBALLI-580025.

¶218

COMMISSIONER HUBBALLI-DHARWAD MUNICIPAL CORPORATION, HUBBALI-580029.

¶219

…RESPONDENTS

¶220

(BY SRI. G.R.GURUMATH, SENIOR COUNSEL FOR SRI.MALLIKARJUNSWAMY B.HIREMATH, ADV FOR R1; SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R2; R3-SERVED; SRI. B.SHARANABASAWA, ADV. FOR R4; SRI.V.M.SHEELVANT, ADV. FOR R5)

¶221

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, (A) ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 22-12-2021 PASSED IN WP NO.104025/2016 (LA-RES).(B) TO DISMISS W.P.NO.104025/2016 (LA-RES).

¶222

IN WA NO.100310 OF 2022:

¶223

BETWEEN:

¶224

THE COMMISSIONER HUBBALLI-DHARWAD URBAN DEVELOPMENT AUTHORITY, NAVANAGAR, TQ HUBBALLI, DIST. DHARWAD-580001. (BY SRI. B SHARANABASAWA, ADVOCATE)

¶225

…APPELLANT

¶226

20 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶227

AND:

¶228

THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, M S BUILDING, BENGALURU-01, BY ITS PRINCIPAL SECRETARY.

¶229

THE CHIEF ENGINEER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., NO.16, J -MILLER TANK, BED AREA, TIMMAYYA ROAD CROSS,

¶230

BENGALURU-560002.

¶231

HUBBALLI DHARWAD BRTS COMPANY LTD., OFFICE OF BRTS, 1ST FLOOR, KSFC BUILDING, RAYAPURA, DHARWAD, TQ AND DIST DHARWAD-580001. BY ITS MANAGING DIRECTOR.

¶232

THE SPECIAL LAND ACQUISITION OFFICER KRDCL 1ST FLOOR, KSFC BUILDING RAYAPUR, DHARWAD, TQ AND DIST DHARWAD-580001.

¶233

THE COMMISSIOENR HUBLI DHARWAD MUNICIPAL CORPORATION DHARWAD, TQ AND DIST DHARWAD-580001.

¶234

BELLAD AND COMANY HYUNDAI DIVISION, BAIRIDEVARAKOPPA, HUBBALLI, DIST. DHARWAD, BY ITS MANAGING PARTNER, ARVIND S/O. CHANDRAKANT BELLAD.

¶235

…RESPONDENTS

¶236

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R1; SRI.C.V.ANGADI, ADV. FOR R2 TO R4; SRI. V.M.SHEELVANT, ADV. FOR R5; SRI. G.R.GURUMATH, SENIOR COUNSEL FOR SRI.MALLIKARJUNSWAMY B.HIREMATH, ADV FOR R6)

¶237

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, MAY KINDLY BE PLEASED TO ALLOW THIS APPEAL AND SET-ASIDE THE JUDGMENT AND ORDER DATED 2212.2021, PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO. 104025/2016 BY DISMISSING THE WRIT PETITION.

¶238

21 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶239

IN WA NO.100343 OF 2022:

¶240

BETWEEN:

¶241

HUBLI -DHARWAD MUNICIPAL CORPORATION HUBBALLI-560001, BY ITS COMMISSIONER BY ITS AUTHORIZED OFFICER, SAVITA PATIL, LAW OFFICER.

¶242

…APPELLANT

¶243

(BY SRI. V.M.SHEELVANT, ADVOCATE)

¶244

AND:

¶245

BELLAD AND COMPANY HYUNDAI DIVISION BHAIRIDEVARKOPPA HUBBALLI, DIST: DHARWAD-580001, BY ITS MANAGING PARTNER, ARVIND S/O. CHANDRAKANT BELLAD.

¶246

THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, M.S.BUILDING, BENGALURU-01, BY ITS PRINCIPAL SECRETARY.

¶247

THE CHIEF ENGINEER KARNATAKA ROAD DEVELOPMENT CORPORATION LIMITED, NO.16, J MILLAR TANK BED AREA, TIMMAYYA ROAD CROSS, BENGALURU-560002.

¶248

HUBLI -DHARWAD BRTS COMPANY LTD., OFFICE OF BRTS, 1ST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD-580001, BY ITS MANAGING DIRECTOR.

¶249

THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 1^ST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD.

¶250

THE COMMISSIONER HUBBALLI DHARWAD URBAN DEVELOPMENT AUTHORITY, HUBBALLI-5800020.

¶251

…RESPONDENTS

¶252

(BY SRI. G.R.GURUMATH, SENIOR COUNSEL FOR SRI.MALLIKARJUNSWAMY B.HIREMATH, ADV FOR R1; R1-SERVED; SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R2; SRI.C.V.ANGADI, ADV. FOR R3 TO R5; SRI.B.SHARANABASAWA, ADV. FOR R6)

¶253

22 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶254

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 22/12/2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P. NO. 104025/2016 ( LA -RES).

¶255

IN WA NO.100471 OF 2022:

¶256

BETWEEN:

¶257

THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, M.S.BUILDING, BENGALURU-560001, BY ITS PRINCIPAL SECRETARY.

¶258

…APPELLANT

¶259

(BY GANGADHAR J.M., ADDL. ADV. GENERAL A/W

¶260

SRI. G.K.HIREGOUDAR, GOVT. ADV.)

¶261

AND:

¶262

BELLAD AND COMPANY HYUNDAI DIVISION BHAIRIDEVARKOPPA HUBBALLI-580025, DIST: DHARWAD, BY ITS MANAGING PARTNER, ARVIND S/O. CHANDRAKANT BELLAD.

¶263

THE CHIEF ENGINEER KARNATAKA ROAD DEVELOPMENT CORPORATION LIMITED, NO.16, J MILLAR TANK BED AREA, TIMMAYYA ROAD CROSS, BENGALURU-560002.

¶264

HUBLI -DHARWAD BRTS COMPANY LTD., OFFICE OF BRTS, 1ST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD-580001, BY ITS MANAGING DIRECTOR.

¶265

THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 1ST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD-580009.

¶266

THE COMMISSIONER HUBBALLI DHARWAD URBAN DEVELOPMENT AUTHORITY, HUBBALLI-580001.

¶267

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¶268

THE COMMISSIONER HUBLI DHARWAD MUNICIPAL CORPORATION, HUBBALLI-580001.

¶269

…RESPONDENTS

¶270

(BY SRI. G.R.GURUMATH, SENIOR COUNSEL FOR SRI.MALLIKARJUNSWAMY B.HIREMATH, ADV FOR R1;

¶271

SRI.C.V.ANGADI, ADV. FOR R2, R3, R4; SRI.B.SHARANABASAWA, ADV. FOR R5; SRI. V.M.SHEELVANT, ADV. FOR R6)

¶272

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, (A) CALL FOR THE RECORDS IN W.P.NO.104025/2016 DATED 22.12.2021, AND AFTER EXAMINING THE SAME,(B) QUASH THE IMPUGNED ORDER DATED 22.12.2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.104025/2016.

¶273

IN WA NO.100284 OF 2022:

¶274

BETWEEN:

¶275

THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 2ND FLOOR, B BLOCK, NWKRTC NEW DEPOT. BUILDING, NEW COURT ROAD, PO. VIDYANAGAR, HOSUR, HUBBALLI 580021, OLD ADDRESS: SPECIAL LAND ACQUISITION OFFICER AND THE ASSISTANT COMMISSIONER, KRDCL, HDBRTSC OFFICE, 1^ST FLOOR, KSFC BUILDING, RAYAPUR, P.B.ROAD, DHARWAD-580009.

¶276

…APPELLANT

¶277

(BY SRI. C. V. ANGADI, ADVOCATE)

¶278

AND:

¶279

DHARWAD, HAVERI, GADAG AND UTTAR KANNADA DISTRICT, CO OPERATIVES MILK PRODUCERS SOCIETIES LTD., LAKAMANAHALLI INDUSTRIAL AREA, P.B. ROAD, VIDYAGIRI DHARWAD -580004, REPRESENTED BY ITS MANAGING DIRECTOR.

¶280

THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT NO.504, 5^TH FLOOR, 4^TH GATE, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU- 560 001.

¶281

24 -

¶282

NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶283

THE TAHASILDAR

¶284

DHARWAD TALUK, DHARWAD -580001.

¶285

THE COMMISSIONER HUBBALLI-DHARWAD MUNICIPAL CORPORATION, HUBBALLI 580029, DIST: DHARWAD.

¶286

KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, P.B. ROAD, DHARWAD-580009, BY ITS SECRETARY.

¶287

…RESPONDENTS

¶288

(BY SRI. K.L.PATIL AND SRI.S.S.BETURMATH, ADV. FOR R1; SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R2 AND R3; SRI.B.SHARANABASAWA, ADV. FOR R5; SRI.V.M.SHEELVANT, ADV. FOR R4)

¶289

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 22-12-2021 PASSED IN W.P.NO.112263/2017; TO DISMISS W.P. NO.112263/2017.

¶290

IN WA NO.100559 OF 2022:

¶291

BETWEEN:

¶292

THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO GOVT., DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, BENGALURU- 560001.

¶293

THE TAHASILDAR DHARWAD TALUK, DHARWAD -580001.

¶294

…APPELLANTS

¶295

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV.)

¶296

AND:

¶297

DHARWAD, HAVERI, GADAG AND UTTAR KANNADA DISTRICT, CO OPERATIVES MILK PRODUCERS SOCIETIES LTD., LAKAMANAHALLI INDUSTRIAL AREA, P.B. ROAD, VIDYAGIRI DHARWAD -580004, REPRESENTED BY ITS MANAGING DIRECTOR.

¶298

- 25 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶299

THE COMMISSIONER HUBBALLI-DHARWAD MUNICIPAL CORPORATION, HUBBALLI 580029, DIST: DHARWAD-580001.

¶300

KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, P.B. ROAD, DHARWAD-580001, BY ITS SECRETARY.

¶301

THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 1^ST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD-580009.

¶302

…RESPONDENTS

¶303

(BY SRI. K.L.PATIL AND SRI.S.S.BETURMATH, ADV. FOR R1; SMT. SHARMILA PATIL, ADV. FOR R3; SRI.V.M.SHEELVANT, ADV. FOR R2; SRI.C.V.ANGADI, ADV. FOR R4)

¶304

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 22-12-2021 PASSED IN W.P. NO. 112263/2017.

¶305

IN WA NO.100066 OF 2023:

¶306

BETWEEN:

¶307

HUBBALLI-DHARWAD URBAN DEVELOPMENT AUTHORITY, REP. BY ITS COMMISSIONER, NAVANAGAR, TQ: HUBBALLI, DIST. DHARWAD -580001.

¶308

…APPELLANT

¶309

(BY SRI. B. SHARANABASAWA, ADVOCATE)

¶310

AND:

¶311

STATE OF KARNATAKA REPRESENTED BY SECRETARY, URBAN DEVELOPMENT DEPARTMENT, 504, 5TH FLOOR, 4TH GATE, AMBEDKAR VEEDHI, BENGALURU 5600001.

¶312

THE TAHASILDAR DHARWAD TALUK, DHARWAD-580001.

¶313

THE COMMISSIONER HUBBALLI DHARWAD MUNICIPAL CORPORATION, HUBBALLI, DIST. DHARWAD-580001.

¶314

- 26 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶315

KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD P.B.ROAD, DHARWAD-580001, BY ITS SECRETARY.

¶316

SPL. LAND ACQUISITION OFFICER AND THE ASSISTANT COMMISSIONER, KRDCL, HDBRTSC OFFICE, 1^ST FLOOR, KSFC BUILDING, RAYAPUR, P.B. ROAD, DHARWAD-580009.

¶317

DHARWAD, HAVERI, GADAG AND UTTAR KANNADA DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES LTD., LAKMANAHALLI INDUSTRIAL AREA, P.B.ROAD, VIDYAGIRI, DHARWAD -580004, REPRESENTED BY ITS MANAGING DIRECTOR.

¶318

…RESPONDENTS

¶319

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R2) SRI. K.L.PATIL AND SRI.S.S.BETURMATH, ADV. FOR R6; SMT. SHARMILA PATIL, ADV. FOR R4; SRI.V.M.SHEELVANT, ADV. FOR R3; SRI.C.V.ANGADI, ADV. FOR R5)

¶320

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, PLEASED TO ALLOW THIS APPEAL AND SET-ASIDE THE JUDGMENT AND ORDER DTD.22.12.2021, PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.112263/2017, BY DISMISSING THE WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.

¶321

IN WA NO.100124 OF 2023:

¶322

BETWEEN:

¶323

HUBBALLI-DHARWAD MUNICIPAL CORPORATION HUBBALLI, BY ITS COMMISSIONER, DIST. DHARWAD.

¶324

…APPELLANT

¶325

(BY SRI. V.M.SHEELVANT, ADVOCATE)

¶326

AND:

¶327

DHARWAD, HAVERI, GADAG AND UTTAR KANNADA DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES LTD., LAKAMANAHALLI INDUSTRIAL AREA, P.B.ROAD, VIDYAGIRI DHARWAD -580004, REPRESENTED BY ITS MANAGING DIRECTOR.

¶328

- 27 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶329

STATE OF KARNATAKA REPRESENTED BY SECRETARY URBAN DEVELOPMENT DEPARTMENT, NO.504, 5TH FLOOR, 4TH GATE, M.S.BUILDING, AMBEDKAR VEEDHI, BENGALURU -560001.

¶330

THE TAHASILDAR DHARWAD TALUK, DHARWAD.

¶331

KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD P.B. ROAD, DHARWAD, BY ITS SECRETARY.

¶332

THE SPECIAL LAND ACQUISITION OFFICER AND THE ASSISTANT COMMISSIONER, KRDCL, HDBRTSC OFFICE, 1^ST FLOOR, KSFC BUILDING, RAYAPUR, P. B. ROAD, DHARWAD -09.

¶333

…RESPONDENTS

¶334

(BY SRI. B.SHARANABASAWA, ADV. FOR R2;

¶335

SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R3) SRI. K.L.PATIL AND SRI.S.S.BETURMATH, ADV. FOR R1;

¶336

SMT. SHARMILA PATIL, ADV. FOR R4;

¶337

SRI.C.V.ANGADI, ADV. FOR R5)

¶338

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, SET ASIDE THE ORDER DATED 22/12/2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.112263/2017 (LA-RES), IN THE INTEREST OF JUSTICE AND EQUITY.

¶339

IN WA NO.100315 OF 2022:

¶340

BETWEEN:

¶341

HUBBALLI URBAN DEVELOPMENT AUTHORITY REP. BY ITS COMMISSIONER, NAVANAGAR, TAL. HUBBALLI, DIST. DHARWAD-580001.

¶342

…APPELLANT

¶343

(BY SRI. B. SHARANABASAWA, ADVOCATE)

¶344

AND:

¶345

THE STATE OF KARNATAKA REP. BY SECRETARY TO URBAN DEVELOPMENT DEPARTMENT, 504, 5^TH FLOOR, 4^TH GATE, M.S. BUILDING, BENGALURU-01.

¶346

HUBBALLI DHARWAD BRTS COMPANY LTD., REPRESENTED BY ITS MANAGING DIRECTOR, DHARWAD, TAL. AND DIST. DHARWAD-580001.

¶347

28 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶348

THE ASSISTANT COMMISSIONER AND SPCIAL LAND ACQUSITION OFFICER, KRDCL, RAIPUR, DHARWAD,

¶349

TAL. AND DIST. DHARWAD-580001.

¶350

THE COMMISSIONER HUBBALLI- DHARWAD MUNICIPAL CORPORATION, DHARWAD, TQ. AND DIST. DHARWAD-580001.

¶351

THE TAHASHILDHAR DHARWAD, TAL. AND DIST. DHARWAD-580001.

¶352

M.R. SATHAYANARAYAN AKALWADI AGE. 79 YEARS, OCC. BUSINESS, R/O. LAKAMANAHALLI, DHARWAD, TQ. AND DIST. DHARWAD-580001.

¶353

…RESPONDENTS

¶354

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R1 AND R5; SRI.V.M.SHEELVANT, ADV. FOR R4; SRI.C.V.ANGADI, ADV. FOR R2 AND R3; SRI.SHIVARAJ S. BALLOLI, ADV. FOR R6)

¶355

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, MAY KINDLY BE PLEASED TO ALLOW THIS APPEAL AND SETASIDE THE JUDGMENT AND ORDER DATED 22.12.2021, PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO. 103019/2016 BY DISMISSING THE WRIT PETITION.

¶356

IN WA NO.100317 OF 2022:

¶357

BETWEEN:

¶358

THE SPECIAL LAND ACQUISTION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 2ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, POST. VIDYANAGAR, HOSUR, HUBBALLI 580021, TALUK. HUBALLAI, DIST. DHARWAD, THE SPECIAL LAND ACQUISTION OFFICER KRDCL, RAYAPUR DHARWAD, TAL. AND DIST: DHARWAD.

¶359

HUBBALLI DHARWAD BRTS COMPANY LTD., REPRESENTED BY ITS MANAGING DIRECTOR, 2ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING,

¶360

29 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶361

NEW COURT ROAD, POST. VIDYANAGAR, HOSUR, HUBBALLI -580021, TALUK. HUBBALLI, DIST. DHARWAD, HUBLI DHARWAD BRTS COM. LTD, REP. BY ITS MANAGING DIRECTOR, DHARWAD, TAL. AND DIST: DHARWAD.

¶362

…APPELLANTS

¶363

(BY SRI. C.V.ANGADI, ADVOCATE)

¶364

AND:

¶365

M.R. SATHYANARAYAN AKALWADI AGED. 85 YEARS, OCC. BUSINESS, R/O. LAKAMANAHALLI, DHARWAD, DIST. DHARWAD.

¶366

STATE OF KARNATAKA REPRESENTED BY SECRETARY TO URBAN DEVELOPMENT DEPARTMENT, 504, 5^TH FLOOR, 4 GATE, M.S. BUILDING, BENGALURU -560001.

¶367

THE DEPUTY DIRECTOR TOWN PLANNING HUBBALLI -DHARWAD MAHANAGAR PALIKE, DHARWAD -580001, TAL. AND DIST. DHARWAD- 580001.

¶368

HUBBALLI URBAN DEVELOPMENT AUTHORITY REP. BY ITS COMMISSIONER, NAVANAGAR, TAL. HUBBALLI, DIST. DHARWAD- 580001.

¶369

THE TAHASILDAR, DHARWAD, TAL. AND DIST. DHARWAD-580001.

¶370

…RESPONDENTS

¶371

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R2 AND R5; SRI.V.M.SHEELVANT, ADV. FOR R3; SRI.SHIVARAJ S. BALLOLI, ADV. FOR R1; SRI. B. SHARANABASAWA, ADV. FOR R4)

¶372

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT MAY BE PLEASED TO,A) ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 22-122021 PASSED IN WP NO. 103019/2016 (LA-RES); TO DISMISS WP NO. 103019/2016 (LA-RES).

¶373

30 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶374

IN WA NO.100331 OF 2022:

¶375

BETWEEN:

¶376

HUBLI- DHARWAD MUNICIPAL CORPORATION HUBBALLI-580001, BY ITS COMMISSIONER, BY ITS AUTHORIZED OFFICER, SAVITA PATIL, LAW OFFICER.

¶377

…APPELLANT

¶378

(BY SRI. V.M.SHEELVANT, ADVOCATE)

¶379

AND:

¶380

M.R. SATHAYANARAYAN AKALWADI AGE. 79 YEARS, OCC. BUSINESS R/O. LAKAMANAHALLI, DHARWAD, DIST. DHARWAD-580001.

¶381

STATE OF KARNATAKA REPRESENTED BY SECRETARY TO URBAN DEVELOPMENT DEPARTMENT, 504, 5^TH FLOOR, 4^TH GATE, M.S. BUILDING, BENGALURU-01.

¶382

HUBLI -DHARWAD BRTC COMPANY LTD., REPRESENTED BY ITS MANAGING DIRECTOR DHARWAD, TAL. AND DIST. DHARWAD-580001.

¶383

THE ASSISTANT COMMISSIONER AND SPECIAL LAND ACQUSITION OFFICER, KRDCL, RAIPUR, DHARWAD, TAL. AND DIST. DHARWAD-580001.

¶384

HUBLI URBAN DEVELOPMENT AUTHORITY REP BY ITS COMMISSIONER, NAVANAGAR, TAL. HUBBALLI, DIST. DHARWAD-580001.

¶385

THE TAHASHILDAR DHARWAD, TAL. AND DIST. DHARWAD-580001.

¶386

…RESPONDENTS

¶387

(BY SRI. C.V.ANGADI, ADV. FOR R3 AND R4; SRI.B.SHARANABASAWA, ADV. FOR R5; SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R2 AND R6)

¶388

31 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶389

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, SET ASIDE THE ORDER DATED 22/12/2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.103019/2016 (LAC), IN THE INTEREST OF JUSTICE AND EQUITY.

¶390

IN WA NO.100502 OF 2022:

¶391

BETWEEN:

¶392

STATE OF KARNATAKA REPRESENTED BY SECRETARY TO URBAN DEVELOPMENT DEPARTMENT 504, 5TH FLOOR, 4TH GATE, M.S.BUILDING, BENGALURU-560001.

¶393

THE TAHSILDAR, DHARWAD, TAL AND DIST: DHARWA-580001.

¶394

…APPELLANTS

¶395

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV.)

¶396

AND:

¶397

M.R.SATHYANARAYAN AKALWADI AGED 85 YEARS, OCC: BUSINESS, R/O: LAKAMANAHALLI, DHARWAD, DIST. DHARWAD-580112.

¶398

HUBBALLI-DHARWAD BRTS COMPANY LTD., REPRESENTED BY ITS MANAGING DIRECTOR 2ND FLOOR, B.BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO: VIDYANAGAR HOSUR HUBBALLI 580021, TALUK: HUBBALLI DIST: DHARWAD.

¶399

THE ASSISTNAT COMMISSIONER AND THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO. VIDYANAGAR HOSUR, HUBBALLI- 580021, TALUK. HUBBALLI, DIST –DHARWAD.

¶400

32 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶401

THE COMMISSIONER HUBBALLI-DHARWAD MUNCIPAL CORPORATION, DHARWAD-580001,

¶402

TAL AND DIST: DHARWAD -580001.

¶403

HUBBALLI URBAN DEVELOPMENT AUTHORITY REP BY ITS COMMISSIONER, NAVANAGAR, TAL: HUBBALLI, DIST. DHARWAD -580001.

¶404

…RESPONDENTS

¶405

(BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE FOR R1; SRI.V.M.SHEELVANT, ADV. FOR R4; SRI.C.V.ANGADI, ADV. FOR R2 AND R3; SRI. B.SHARANABASAVA, ADV. FOR R5)

¶406

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, CALL FOR THE RECORDS IN W.P.NO.103019/2016 (LAC) AND 21.12.2021 AND AFTER EXAMINING THE SAME; QUASH THE IMPUGNED ORDER DATED 21.12.2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.103019/2016 (LAC).

¶407

IN WA NO.100464 OF 2022:

¶408

BETWEEN:

¶409

HUBBALLI-DHARWAD URBAN DEVELOPMENT AUTHORITY REP. BY ITS COMMISSIONER, NAVANAGAR, TQ. HUBBALLI, DIST. DHARWAD -580001.

¶410

…APPELLANT

¶411

(BY SRI. B. SHARANABASAWA, ADVOCATE)

¶412

AND:

¶413

THE SPECIAL LAND ACQUISITION OFFICER ASSISTANT COMMISSIONER LAND ACQUISITION, KARNATAKA ROAD DEVELOPMENT CORPORATION LIMITED, BRTS OFFICE, RAYAPUR, TQ. AND DIST. DHARWAD.

¶414

HUBLI DHARWAD BRTS COMPANY LIMITED HUBLI DHARWAD, REP. BY ITS MANAGING DIRECTOR, DHAWAD, TQ. AND DIST. DHARWAD.

¶415

THE DEPUTY DIRECTOR OF TOWN PLANNING HUBLI DHARWAD MAHANAGAR PALIKE, TQ. AND DIST. DHARWAD.

¶416

33 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶417

SMT. PARVATEVVA W/O. BASAPPA AMINGAD AGED ABOUT 80 YEARS, OCC. HOUSEHOLD WORK, R/O. RAM NAGAR, 1^ST CROSS, OM BUILDING, TQ. AND DIST. DHARWAD.

¶418

SHIVALINGAPPA S/O. BASAPPA AMINGAD AGED ABOUT 59 YEARS, OCC. BUSIENSS, R/O. RAM NAGAR, 1ST CROSS, OM BUILDING, TQ. AND DIST. DHARWAD.

¶419

RAJASHEKAR S/O. BASAPPA AMINGAD AGE. 57 YEARS, OCC. BUSINESS, R/O. RAM NAGAR, 1^ST CROSS, OM BUILDING, TQ. AND DIST. DHARWAD. …RESPONDENTS

¶420

(BY SRI. C.V.ANGADI, ADV. FOR R1 AND R2; SRI. V.M.SHEELVANT, ADV. FOR R3; SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R7; SRI.SHIVARAJ S.BALLOLI, ADV. FOR R4 TO R6)

¶421

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON’BLE COURT TO, WHEREFORE, FOR THE REASONS AND GROUNDS STATED ABOVE, THIS HON BLE COURT MAY KINDLY BE PLEASED TO ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND ORDER DATED 22.12.2021 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.100431-435/2016 BY DISMISSING THE WRIT PETITION.

¶422

IN WA NO.100478 OF 2022:

¶423

BETWEEN:

¶424

HUBLI DHARWAD MUNICIPAL CORPORATION HUBALI, DIST. DHARWAD, BY ITS COMMISSIONER.

¶425

…APPELLANT

¶426

(BY SRI. V. M. SHEELVANT, ADVOCATE)

¶427

AND:

¶428

SMT. PARVATEVVA W/O. BASAPPA AMINGAD AGED. 80 YEARS, OCC. HOUSEHOLD WORK, R/O.RAM NAGAR, 1ST CROSS, OM BUILDING TQ. AND DIST DHARWAD.

¶429

- 34 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶430

SHIVALINGAPPA S/O. BASAPPA AMINGAD AGED. 59 YEARS, OCC. BUSINESS R/O.RAM NAGAR, 1ST CROSS, OM BUILDING, TQ. AND DIST DHARWAD.

¶431

RAJSHEKAR S/O. BASAPPA AMINGAD AGED. 53 YEARS, OCC. BUSINESS, R/O.RAM NAGAR, 1ST CROSS, OM BUILDING, TQ. AND DIST DHARWAD.

¶432

THE SPECIAL LAND ACQUISITION OFFICER/ ASSISTANT COMMISSIONER (LAND ACQUISITION), KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., BRTS OFFICE, RAYAPUR, TQ AND DIST DHARWAD.

¶433

HUBBALLI-DHARWAD BRTS COMPANY LTD HUBBALLI DHARWAD, REP BY ITS MANAGING DIRECTOR DHARWAD TQ AND DIST DHARWAD.

¶434

THE DEPUTY DIRECTOR OF TOWN PLANNING HUBBALLI-DHARWAD MAHANAGARPALIKE, DHARWAD, TQ AND DIST. DHARWAD.

¶435

HUBBALLI-DHARWAD URBAN DEVELOPMENT AUTHORITY, REP BY ITS COMMISSIONER, NAVANAGR, TQ. HUBBALLI, DIST. DHARWAD.

¶436

THE DEPUTY COMMISSIONER DHARWAD, DIST: DHARWAD.

¶437

…RESPONDENTS

¶438

(BY SRI. B.SHARANABASAWA, ADV. FOR R7;

¶439

SRI.C.V.ANGADI, ADV. FOR R4 AND R5; SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R8)

¶440

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, WHEREFORE, THE APPELLANT MOST RESPECTFULLY PRAYS THAT THIS HON BLE COURT BE PLEASED TO ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED.22.12.2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P. NOS.100431-100435/2016 (LA-RES).

¶441

IN WA NO.100151 OF 2023:

¶442

BETWEEN:

¶443

THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 2ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING,

¶444

- 35 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶445

NEW COURT ROAD, PO. VIDYANAGAR, HOSUR, HUBBALLI-580021, TALUK. HUBBALI, DIST. DHARWAD, OLD ADDRESS:

¶446

THE SPECIAL LAND ACQUISITION OFFICER/ ASSISTANT COMMISSIONER (LAND ACQUISITION) KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., BRTS OFFICE, RAYAPUR, TAL AND DHARWAD.

¶447

THE MANAGING DIRECTOR HUBBALLI - DHARWAD BRTS COMPANY LTD, 2ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO. VIDYANAGAR, HOSUR, HUBBALLI-580021 TALUK. HUBBALI, DIST. DHARWAD, DHARWAD-580009. OLD ADDRESS: HUBBALLI - DHARWAD BRTS COMPANY LTD, HUBLI DHARWAD, REP. BY ITS MANAGIN DIRECTOR, DHARWAD, TAL AND DHARWAD.

¶448

…APPELLANTS

¶449

(BY SRI. C.V. ANGADI, ADVOCATE)

¶450

AND:

¶451

SMT. PARVATEVVA W/O. BASAPPA AMINGAD AGED. 79 YEARS, OCC. HOUSEHOLD WORK, R/O.RAM NAGAR, 1ST CROSS, OM BUILDING TQ. AND DIST DHARWAD-580001.

¶452

SHIVALINGAPPA S/O. BASAPPA AMINGAD AGED. 58 YEARS, OCC. BUSINESS, R/O.RAM NAGAR, 1ST CROSS, OM BUILDING, TQ. AND DIST DHARWAD-580001.

¶453

RAJSHEKHAR BASAPPA AMINGAD AGED. 58 YEARS, OCC. BUSINESS, R/O.RAM NAGAR, 1ST CROSS, OM BUILDING, TQ. AND DIST DHARWAD-580001.

¶454

THE DEPUTY DIRECTOR OF TOWN PLANNING HUBBALLI-DHARWAD MAHANAGARA PALIKE, DHARWAD-580008, TQ AND DIST. DHARWAD.

¶455

HUBBALLI-DHARWAD URBAN DEVELOPMENT AUTHORITY, REP BY ITS COMMISSIONER, NAVANAGR, TQ. HUBBALLI-580025, DIST. DHARWAD.

¶456

- 36 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶457

THE DEPUTY COMMISSIONER DHARWAD,

¶458

DIST: DHARWAD-580001.

¶459

…RESPONDENTS

¶460

(BY SRI.NANDISH PATIL, ADV. FOR C/R1 TO C/R3; SRI. V.M.SHEELVANT, ADV. FOR R4; SRI. B.SHARANABASAWA, ADV. FOR R5; SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R6)

¶461

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, ALLOW THIS WRIT APPEAL AND SET-ASIDE THE ORDER DATED 22-12-2021 PASSED IN W.P.NO.100431-100435/2016(LA-RES).

¶462

IN WA NO.100453 OF 2022:

¶463

BETWEEN:

¶464

HUBBALLI -DHARWAD URBAN DEVELOPMENT AUTHORITY REP. BY ITS COMMISSIONER, NAVANAGAR, TQ. HUBBALLI, DIST. DHARWAD -580001.

¶465

…APPELLANT

¶466

(BY SRI. B. SHARANABASAWA, ADVOCATE)

¶467

AND:

¶468

THE SPECIAL LAND ACQUISITION OFFICER ASSISTANT COMMISSIONER LAND ACQUISITION, KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., TQ. AND DIST. DHARWAD-580021.

¶469

HUBLI DHARWAD BRTS COMPANY LTD., HUBLI DHARWAD, REP. BY ITS MANAGING DIRECTOR, DHARWAD, TQ. AND DIST. DHARWAD-580021.

¶470

THE DEPUTY DIRECTOR OF TOWN PLANNING HUBBALLI DHARWAD MAHANAGAR PALIKE, DHARWAD, TQ. AND DIST. DHARWAD-580021.

¶471

THE MEMBER OF TOWN PLANNING HUBBALLI DHARWAD URBAN DEVELOPMENT AUTHORITY, HUBBALLI, DIST. DHARWAD-580021.

¶472

SMT. NAGARATNAMMA W/O. CHANDRASHEKAR AMINGAD,

¶473

37 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶474

AGED ABOUT 73 YEARS, OCC. HOUSEHOLD WORK, R/O. SUBHASH ROAD, AMINGAD AGENCY, TQ. AND DIST. DHARWAD-580021.

¶475

…RESPONDENTS

¶476

(BY SRI. C.V.ANGADI, ADV. FOR R1; SRI. V.M.SHEELVANT, ADV. FOR R2; SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV.)

¶477

¶478

IN WA NO.100074 OF 2023:

¶479

BETWEEN:

¶480

THE COMMISSIONER HUBBALLI-DHARWAD MUNICIPAL CORPORATION HUBBALLI, DIST. DHARWAD.

¶481

…APPELLANT

¶482

(BY SRI. V. M. SHEELVANT, ADVOCATE)

¶483

AND:

¶484

SMT NAGARATNAMMA W/O. CHANDRASHEKAR AMINGAD, AGED 73 YEARS, OCC. HOUSEHOLD WORK, R/O. SUBASH ROAD, AMINGAD AGENCY, TQ. DIST: DHARWAD-580001.

¶485

THE SPECIAL LAND ACQUISITION OFFICER/ ASSISTANT COMMISSIONER, (LAND ACQUISITION), KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., BRTS OFFICE, RAYAPUR, TQ. DIST: DHARWAD-580001.

¶486

38 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶487

HUBBALLI-DHARWAD BRTS CO. LTD., HUBBALLI –DHARWAD, REPRESENTED BY ITS MANAGING DIRECTOR, DHARWAD, TQ. DIST: DHARWAD-580001.

¶488

THE DEPUTY DIRECTOR OF TOWN PLANNING HUBBALLI-DHARWAD MAHANAGAR PALIKE, DHARWAD, TQ. DIST: DHARWAD -580001.

¶489

HUBBALLI URBAN DEVELOPMENT AUTHORITY REP. BY ITS COMMISSIONER, NAVANAGAR, TQ. DIST. DHARWAD-580001.

¶490

THE MEMBER OF TOWN PLANNING HUBLI DHARWAD URBAN DEVELOPMNENT AUTHORITY, HUBBALLI, DIST. DHARWAD-580001.

¶491

…RESPONDENTS

¶492

(BY SRI. B.SHARANABASAWA, ADV. FOR R4 TO R6; SRI. C.V.ANGADI, ADV. FOR R2 AND R3; R1-SERVED)

¶493

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, PLEASED TO ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 22/12/2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.101172/2016 (LA-RES), IN THE INTEREST OF JUSTICE AND EQUITY.

¶494

IN WA NO.100110 OF 2023:

¶495

BETWEEN:

¶496

THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 2ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO. VIDYANAGAR, HOSUR, HUBBALLI-580021, TALUK. HUBBALI, DIST. DHARWAD, OLD ADDRESS: THE SPECIAL LAND ACQUISITION OFFICER/ ASSISTANT COMMISSIONER (LAND ACQUISITION), KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., BRTS OFFICE, RAYAPUR, TAL AND DHARWAD.

¶497

- 39 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶498

THE MANAGING DIRECTOR HUBBALLI - DHARWAD BRTS COMPANY LTD, 2ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO. VIDYANAGAR, HOSUR, HUBBALLI-580021 TALUK. HUBBALI, DIST. DHARWAD, OLD ADDRESS: HUBBALLI - DHARWAD BRTS COMPANY LTD, HUBLI DHARWAD, REP. BY ITS MANAGIN DIRECTOR, DHARWAD, TAL AND DHARWAD.

¶499

…APPELLANTS

¶500

(BY SRI. C.V.ANGADI, ADVOCATE)

¶501

AND:

¶502

SMT. NAGARATNAMMA W/O. CHANDRASHEKAR AMINGAD, AGED. 72 YEARS, OCC. HOUSEHOLD WORK, R/O. SUBHASH ROAD, AMINGAD AGENCY, TQ. DIST. DHARWAD -580004.

¶503

THE DEPUTY DIRECTOR OF TOWN PLANNING, HUBBALLI DHARWAD MAHANAGARA PALIKE, DHARWAD, TQ. AND DIST. DHARWAD-580001.

¶504

HUBBALLI-DHARWAD URBAN DEVELOPMENT AUTHOITY REP. BY ITS COMMISSIONER, NAVANAGAR, TQ. HUBBALLI -580025, DIST: DHARWAD.

¶505

THE MEMBER OF TOWN PLANNING, HUBBALLI-DHARWAD URBAN DEVELOPMENT AUTHORITY, HUBBALLI, DIST.DHARWAD -580025.

¶506

…RESPONDENTS

¶507

(BY SRI. V.M.SHEELVANT, ADV. FOR R2; SRI. B.SHARANABASAWA, ADV. FOR R3 AND R4; SRI. SHIVARAJ S. BALLOLI, ADV. FOR R1)

¶508

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 22-12-2021 PASSED IN W.P.NO.101172/2016 (LA-RES); TO DISMISS W.P.NO.101172/2016 (LARES).

¶509

40 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶510

IN WA NO.100462 OF 2022:

¶511

BETWEEN:

¶512

HUBBALLI- DHARWAD URBAN DEVELOPMENT AUTHORITY REP. BY ITS COMMISSIONER, NAVANAGAR, TQ. HUBBALLI, DIST. DHARWAD -580001.

¶513

…APPELLANT

¶514

(BY SRI. B. SHARANABASAWA, ADVOCATE)

¶515

AND:

¶516

THE STATE OF KARNATAKA REPRESENTED BY SECRETARY TO URBAN DEVELOPMENT DEPARTMENT, 504, 4^TH FLOOR, 4^TH GATE, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU -01.

¶517

HUBBALLI DHARWAD BRTS COMPANY LTD., REPRESENTED BY ITS MANAGING DIRECTOR, DHARWAD, TQ. AND DIST. DHARWAD-580001.

¶518

THE ASSISANT COMMISSIONER AND SPECIAL AND ACQUISITION OFFICER, KRDCL, RAYAPUR, DHARWAD, TQ. AND DIST. DHARWAD-580001.

¶519

THE DEPUTY DIRECTOR OF TOWN PLANNING HUBBALLI DHARWAD MAHANAGAR PALIKE, NAVANAGAR, TAL. HUBBALLI, DIST. DHARWAD 580001.

¶520

DEEPAK S/O. SRIKANT GAONKAR AGED ABOUT 54 YEARS, OCC. BUSINESS, R/O. OPP. MODERN HALL, P.B.ROAD, DHARWAD, DIST. DHARWAD-580009.

¶521

THE TAHASILDAR, DHARWAD TQ. AND DIST. DHARWAD.

¶522

…RESPONDENTS

¶523

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R1 AND R6; SRI.C.V.ANGADI, ADV. FOR R2 AND R3; SRI. V.M.SHEELVANT, ADV. FOR R4; R5-SERVED)

¶524

41 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶525

¶526

IN WA NO.100521 OF 2022:

¶527

BETWEEN:

¶528

THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 2ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO. VIDYANAGAR, HOSUR, HUBBALLI-580021, TALUK. HUBBALI, DIST. DHARWAD, OLD ADDRESS: ASSISTANT COMMISSIONER AND THE SPECIAL LAND ACQUISITION OFFICER, KRDCL, RAYAPUR, DHARWAD, TAL AND DHARWAD-580001.

¶529

THE MANAGING DIRECTOR HUBBALLI - DHARWAD BRTS COMPANY LTD, 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO. VIDYANAGAR, HOSUR, HUBBALLI-580021 TALUK. HUBBALI, DIST. DHARWAD, OLD ADDRESS: HUBBALLI - DHARWAD BRTS COMPANY LTD, REP. BY ITS MANAGIN DIRECTOR, DHARWAD, P.B.ROAD, DHARWAD-580001.

¶530

…APPELLANTS

¶531

(BY SRI. C.V.ANGADI, ADVOCATE)

¶532

AND:

¶533

DEEPAK S/O. SHRIKATN GAONKAR AGED 53 YEARS, OCC. BUSINESS, R/O MODERN HALL, P.B. ROAD DHARWAD DIST. DHARWAD.

¶534

STATE OF KARNATAKA REPRESENTED BY SECRETARY TO URBAN DEVELOPMENT DEPARTMENT, 504 5TH FLOOR, 4TH GATE, M.S. BUILDING, BENGALURU -560001.

¶535

- 42 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶536

THE DEPUTY DIRECTOR OF TOWN PLANNING HUBBALLI-DHARWD MAHANAGAR PALIKE, DHARWAD-560001, TAL. AND DIST. DHARWAD.

¶537

HUBBALLI URBAN DEVELOPMENT AUTHORITY REP BY ITS COMMISSIONER, NAVANAGAR TAL. HUBBALLI, DIST. DHARWAD 580001.

¶538

THE TAHASILDAR DHARWAD, TAL. AND DIST. DHARWAD 580001.

¶539

…RESPONDENTS

¶540

(BY SRI.B.SHARANABASAWA, ADV. FOR R4; SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R2 AND R5; SRI. V.M.SHEELVANT, ADV. FOR R3;

¶541

R1-SERVED)

¶542

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 22-12-2021 PASSED IN WP NO. 102904/2016 (LA-RES); TO DISMISS W.P. NO. 102904/2016 (LA-RES).

¶543

IN WA NO.100537 OF 2022:

¶544

BETWEEN:

¶545

THE STATE OF KARNATAKA REP. BY THE SECRETARY TO URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BENGALURU-560001.

¶546

THE TAHSILDAR, DHARWAD.

¶547

…APPELLANTS

¶548

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W

¶549

SRI. G.K.HIREGOUDAR, GOVT. ADV.)

¶550

AND:

¶551

DEEPAK S/O. SHRIKATN GAONKAR AGED 53 YEARS, OCC. BUSINESS, R/O MODERN HALL, P.B. ROAD DHARWAD DIST. DHARWAD.

¶552

THE MANAGING DIRECTOR HUBBALLI-DHARWAD BRTS COMPANY LTD., 2^ND FLOOR, B BLOCK, HOSUR INTERCHANGE BUILDING, NEW COURT ROAD, PO: VIDYANAGAR,

¶553

43 -

¶554

NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶555

HOSUR, HUBBALLI-580021, TALUK: HUBBALLI, DIST: DHARWAD.

¶556

THE SPECIAL LAND ACQUISITION OFFICER KRDCL/ HDBRTS, 2 FLOOR, B BLOCK, NWKRTC INTERCHANGE BUILDING, NEW COURT ROAD, PO: VIDYANAGAR, HOSUR, HUBBALLI-580021, TALUK: HUBBALLI, DIST: DHARWAD.

¶557

DEPUTY DIRECTOR OF TOWN PLANNING HUBBALLI- DHARWAD MAHANAGARA PAILIKE DHARWAD-580001, TAL. DIST: DHARWAD.

¶558

THE COMMISSIONER HUBALLI- DHARWAD URBAN DEVELOPMENT AUTHORITY, NAVAGARA HUBBALLI-580025, TALUK: HUBBALLI.

¶559

…RESPONDENTS

¶560

(BY SRI.C.V.ANGADI, ADV. FOR R2 AND R3; SRI. B.SHARNABASAWA, ADV. FOR R5; SRI.V.M.SHEELVANT, ADV. FOR R4; R1-SERVED)

¶561

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, (A) CALL FOR THE RECORDS IN W.P.NO.102904/2016 (LAC) DATED 22.12.2021, AND AFTER EXAMINING THE SAME.(B) QUASH THE IMPUGNED ORDER DATED 21.12.2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.102904/2016 (LAC).

¶562

IN WA NO.100081 OF 2023:

¶563

BETWEEN:

¶564

THE COMMISSIONER HUBBALLI-DHARWAD MUNICIPAL CORPORATION, HUBBALLI, DIST. DHARWAD.

¶565

…APPELLANT

¶566

(BY SRI. V.M.SHEELVANT, ADVOCATE)

¶567

AND:

¶568

DEEPAK S/O. SHRIKANT GAONKAR AGED. 54 YEARS, OCC. BUSINESS R/O. OPP. MODERN HALL, P.B.ROAD, DHARWAD, DIST. DHARWAD -580001.

¶569

- 44 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶570

THE STATE OF KARNATAKA REPRESENTED BY SECRETARY, URBAN DEVELOPMENT DEPARTMENT, NO. 504, 5^TH FLOOR, 4^TH GATE, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU -560001.

¶571

MANAGING DIRECTOR HUBBALLI DHARWAD BRTS CO. LTD 1ST FLOOR, KSFC BUILDING,

¶572

RAYAPUR, P.B.ROAD, DHARWAD -580009.

¶573

THE ASSISTANT COMMISSIONER AND SPECIAL LAND ACQUISITION OFFICER KRDCL, RAYAPUR, DHARWAD, TQ. DIST. DHARWAD -580001.

¶574

THE DEPUTY DIRECTOR OF TOWN PLANNING HUBBALLI –DHARWAD MAHANAGAR PALIKE, DHARWAD, TQ. DIST. DHARWAD -580001.

¶575

HUBBALLI URBAN DEVELOPMENT AUTHORITY REP. BY COMMISSIONER, NAVANGAR, TQ. AND DIST. DHARWAD-580001.

¶576

THE TAHASILDAR, DHARWAD, TQ AND DIST. DHARWAD-580001.

¶577

…RESPONDENTS

¶578

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R2 AND R7;

¶579

SRI. C.V.ANGADI, ADV. FOR R3 AND R4; SRI. B.SHARANABASAWA, ADV. FOR R5 AND R6;

¶580

R1-SERVED)

¶581

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON’BLE COURT TO, PLEASED TO ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 22/12/2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.102904/2016 (LA-RES), IN THE INTEREST OF JUSTICE AND EQUITY.

¶582

IN WA NO.100465 OF 2022:

¶583

BETWEEN:

¶584

HUBBALLI - DHARWAD URBAN DEVELOPMENT AUTHORITY, REP. BY ITS COMMISSIONER, NAVANAGAR, TQ. HUBBALLI, DIST. DHARWAD -580001. (BY SRI. B. SHARANABASAWA, ADVOCATE)

¶585

…APPELLANT

¶586

45 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶587

AND:

¶588

THE STATE OF KARNATAKA REPRESENTED BY SECRETARY TO URBAN DEVEPLOMENT DEPARTMENT, 504, 4TH FLOOR, 4TH GATE,

¶589

M. S. BUILDING, BENGALURU -560001.

¶590

HUBBALLI DHARWAD BRTS COMPANY LTD., REPRESENTED BY ITS MANAGING DIRECTOR, DHARWAD, TQ. AND DIST. DHARWAD.

¶591

THE ASSISTANT COMMISSIONER AND SPECIAL LAND ACQUISITION OFFICER, KRDCL, RAYAPUR, DHARWAD, TQ. AND DIST. DHARWAD -580001.

¶592

THE COMMISSIONER, HUBLI DHARWAD MUNICIPAL CORPORATION, DHARWAD, TQ. AND DIST. DHARWAD 580001.

¶593

THE TAHASHILDAR DHARWAD TQ. AND DIST. DHARWAD-580001.

¶594

TARIQ S/O. HABIBBULLA KHAN PATHAN AGED ABOUT 47 YEARS, OCC. BUSIENSS, R/O. LAKMANAHALLI, DHARWAD, DIST. DHARWAD -580001.

¶595

…RESPONDENTS

¶596

(BY SRI. V.M.SHEELVANT, ADV. FOR R4; SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R1 AND R5; SRI. C.V.ANGADI, ADV. FOR R2 AND R3)

¶597

¶598

IN WA NO.100472 OF 2022:

¶599

BETWEEN:

¶600

HUBLI -DHARAD MUNICIPAL CORPORATION BY ITS COMMISSIONER, HUBBALLI, DIST. DHARWAD-580001. (BY SRI. V. M. SHEELVANT, ADVOCATE)

¶601

…APPELLANT

¶602

46 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶603

AND:

¶604

TARIQ S/O. HABIBBULLAKHAN PATHAN AGED. 43 YEARS, OCC. BUSINESS, R/O. LAKMAHALLI, DHARWAD, DIST. DHARWAD-580001.

¶605

STATE OF KARNATAKA, R/BY SECRETARY TO URBAN DEVELOPMENT DEPARTMENT, 504, 5TH FLOOR, 4TH GATE, M.S. BUILDING, BENGALURU-01.

¶606

HUBLI-DHARWAD BRTS COMPANY LTD., R/BY ITS MANAGING DIRECTOR DHARWAD, TAL. AND DIST. DHARWAD-580001.

¶607

THE ASSISTANT COMMISSIONER AND SPECIAL LAND ACQUISITION OFFICER, KRDCL RAIPUR, DHARWAD, TAL. AND DIST. DHARWAD-580001.

¶608

HUBLI URBAN DEVELOPMENT AUTHORITY, R/BY ITS COMMISSIONER, NAVANAGAR, TAL. HUBBALLI, DIST. DHARWAD-580001.

¶609

THE TAHASILDAR, DHARWAD, TAL. AND DIST. DHARWAD-580001.

¶610

…RESPONDENTS

¶611

(BY SRI. B.SHARANABASAWA, ADV. FOR R5; SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R2 AND R6; SRI.C.V.ANGADI, ADV. FOR R3 AND R4)

¶612

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, WHEREFORE, THE APPELLANT MOST RESPECTFULLY PRAY THAT THE HON BLE COURT BE PLEASED TO ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED.22.12.2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P. NO.102905/2016 (LAC).

¶613

47 -

¶614

NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶615

IN WA NO.100497 OF 2022:

¶616

BETWEEN:

¶617

THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO. VIDYANAGAR, HOSUR, HUBBALLI-580021, TALUK. HUBBALI, DIST. DHARWAD, OLD ADDRESS: ASSISTANT COMMISSIONER AND THE SPECIAL LAND ACQUISITION OFFICER, KRDCL, RAYAPUR, DHARWAD, TAL AND DHARWAD-580001.

¶618

THE MANAGING DIRECTOR HUBBALLI - DHARWAD BRTS COMPANY LTD, 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO. VIDYANAGAR, HOSUR, HUBBALLI-580021 TALUK. HUBBALI, DIST. DHARWAD, OLD ADDRESS: HUBBALLI - DHARWAD BRTS COMPANY LTD, REP. BY ITS MANAGING DIRECTOR, DHARWAD, P.B.ROAD, DHARWAD-580001.

¶619

…APPELLANTS

¶620

(BY SRI. C.V. ANGADI, ADVOCATE)

¶621

AND:

¶622

TARIQ S/O. HABIBBULLAKHAN PATHAN AGED 46 YEARS, OCC. BUSINESS R/O. LAKAMANAHALLI, DHARWAD, DIST. DHARWAD -580001.

¶623

STATE OF KARNATAKA REPRESENTED BY SECRETARY TO URBAN DEVELOPMENT DEPARTMENT, 504, 5TH FLOOR, 4TH GATE, M.S. BUILDING, BENGALURU- 560001.

¶624

THE DEPUTY DIRECTOR OF TOWN PLANNING HUBBALLI-DHARWAD MAHANAGAR PALIKE, DHARWAD 580001, TAL AND DIST. DHARWAD. THE COMMISSIONER HUBLI DHARWAD MUNCIPAL CORPORATION, DHARWAD, TAL AND DIST: DHARWAD-580001.

¶625

- 48 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶626

HUBBALLI URBAN DEVELOPMENT AUTHORITY REP. BY ITS COMMISSIONER, NAVANAGAR, TAL. HUBBALLI, DIST. DHARWAD 580001.

¶627

THE TAHASILDAR, DHARWAD, TAL AND DIST. DHARWAD 580001.

¶628

…RESPONDENTS

¶629

(BY SRI.VIJAY M.MALALI, ADV. FOR R1; SRI. V.M.SHEELVANT, ADV. FOR R3; SRI. B.SHARANABASAWA, ADV. FOR R4; SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R2 AND R5)

¶630

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, (A) ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 22-12-2021 PASSED IN WP NO.102905/2016(LA-RES).(B) TO DISMISS W.P.NO.102905/2016(LA-RES).

¶631

IN WA NO.100561 OF 2022:

¶632

BETWEEN:

¶633

THE STATE OF KARNATAKA REP. BY THE SECRETRAY TO URBAN DEVELOPMENT DEPARTMENT, VIKAS SOUDHA, BENGALURU-560001.

¶634

THE TAHASHILDAR DHARWAD.

¶635

…APPELLANTS

¶636

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W

¶637

SRI. G.K.HIREGOUDAR, GOVT. ADV.)

¶638

AND:

¶639

TARIQ S/O. HABIBBULLAKHAN PATHAN AGED 46 YEARS, OCC. BUSINESS R/O. LAKAMANAHALLI, DHARWAD, DIST. DHARWAD -580001.

¶640

MANAGING DIRECTOR HUBBALLLI- DHARWAD BRTC COMPANY LTD., 2^ND FLOOR, B BLOCK, NWKRTC INTERCHANGE BUILDING, NEW COURT ROAD, PO: VIDYANAGAR, HOSUR, HUBBALLI-580021, TALUK: HUBBALLI, DIST: DHARWAD.

¶641

- 49 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶642

THE SPECIAL LAND ACQUISITION OFFICER KRDCL/HDBRTS, 2^ND FLOOR, B BLOCK, NWKRTC INTERCHANGE BUILDING, NEW COURT ROAD, PO: VIDYANAGAR, HOSUR, HUBBALLI-580021, TALUK: HUBBALLI, DIST: DHARWAD.

¶643

DEPUTY DIRECTOR OF TOWN PLANNING HUBBALLI-DHARWAD MAHANAGARA PALIKE, DHARWAD-580001, TAL DIST: DHARWAD.

¶644

THE COMMISSIONER HUBBALLI-DHARWAD URBAN DEVELOPMENT AUTHORITY, NAVANAGAR HUBBALLI-580025, TALUK: HUBBALLI.

¶645

…RESPONDENTS

¶646

(BY SRI. C.V.ANGADI, ADV. FOR R2 AND R3; SRI.B.SHARANABASAWA, ADV. FOR R5)

¶647

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, A) CALL FOR THE RECORDS IN W.P. NO. 102905/2016 (LAC) DATED 22.12.2021 AND AFTER EXAMINING THE SAME.B) QUASH THE IMPUGNED ORDER DATED 22.12.2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P. NO. 102905/2016(LAC).

¶648

IN WA NO.100512 OF 2022:

¶649

BETWEEN:

¶650

THE STATE OF KARNATAKA REPRESENTED BY SECRETARY URBAN DEVELOPMENT DEPARTMENT, NO.504, 5TH FLOOR ,4TH GATE, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001.

¶651

THE TAHSILDAR DHARWAD TALUK, DHARWAD.

¶652

…APPELLANTS

¶653

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV)

¶654

50 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶655

AND:

¶656

M/S KARNATAKA INDUSTRIAL GASES PVT. LTD., PLOT NO. 1 SATTUR VILLAGE, DHARWAD, REPRESENTED BY ITS CHAIRMAN, AGE: 51 YEARS, OCC: BUSINESS, R/O. PLOT NO.1, SATTUR VILLAGE, DHARWAD-580009.

¶657

THE COMMISSIONER DIRECTORATE OF URBN LAND TRANSPORT URBAN DEVELOPMENT BMTC TIMC ‘B’ BLOCK, 4^TH FLOOR, SHANTINAGAR, K.H.ROAD, BENGALURU-560002.

¶658

THE MEMBER TOWN PALNNING HUBLI DHARWAD URBAN DEVELOPMENT AUTHORITY, NAVANAGAR, HUBBLLI-580025, DIST: DHARWAD.

¶659

THE COMMISSIONER HUBBALLI DHARWAD MUNICIPAL CORPORATION HUBALLI-580029, TALUK: HUBBALLI, DIST: DHARWAD.

¶660

KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD P.B.ROAD, DHARWAD-580009, BY ITS SECRETARY.

¶661

THE CHIEF ENGINEER KRDCL LIMITED, NO.16, 2^ND FLOOR, SAMPARKA SOUDHA, OPP ORION MALL, DR RAJKUMAR RD, RAJAJINAGAR, BENGALURU, KARNATAKA-560010.

¶662

MANAGING DIRECTOR HUBBALLLI- DHARWAD BRTC COMPANY LTD., 2^ND FLOOR, B BLOCK, NWKRTC INTERCHANGE BUILDING, NEW COURT ROAD, PO: VIDYANAGAR, HOSUR, HUBBALLI-580021, TALUK: HUBBALLI, DIST: DHARWAD.

¶663

- 51 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶664

THE SPECIAL LAND ACQUISITION OFFICER KRDCL/HDBRTS, 2^ND FLOOR, B BLOCK, NWKRTC INTERCHANGE BUILDING, NEW COURT ROAD, PO: VIDYANAGAR, HOSUR, HUBBALLI-580021, TALUK: HUBBALLI, DIST: DHARWAD.

¶665

THE EXECUTIVE ENGINEER KRDCL NO.13, 3^RD MAIN ROAD, DOLLARS COLONY, NEAR VATSALAYA HOSPITAL, GOKUL ROAD, HUBBALLI-580030.

¶666

…RESPONDENTS

¶667

(BY SRI. K.L.PATIL AND SRI.S.S.BETURMATH, ADV. FOR R1; R2-SERVED; SMT. SHARMILA PATIL, ADV. FOR R5; SRI.C.V.ANGADI, ADV. FOR R4, R6 TO R9; SRI. B.SHARANABASAWA, ADV. FOR R3)

¶668

¶669

IN WA NO.100443 OF 2022:

¶670

BETWEEN:

¶671

THE MEMBER TOWN PLANNING, HUBALLI- DHARWAD URBAN DEVELOPMENT AUTHORITY, NAVANAGAR, TQ. HUBBALLI, DIST. DHARWAD -580001, NOW REP. BY ITS COMMISSIONER.

¶672

…APPELLANT

¶673

(BY SRI. B. SHARANABASAWA, ADVOCATE)

¶674

AND:

¶675

THE STATE OF KARNATAKA REPRESENTED BY SECRETARY, URBAN DEVELOPMENT DEPARTMENT, NO.504, 5^TH FLOOR, 4^TH GATE, AMBEDKAR VEEDHI, BANGALORE 560001.

¶676

52 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶677

THE COMMISSIONER DIRECTOR OF URBAN LAND TRANSPORT URBAN DEVELOPMENT DEPARTMENT, BMTC, TIMC B BLOCK, 4TH FLOOR, SHANTI NAGAR, K H ROAD, BENGALURU -560 002.

¶678

THE TAHASILDAR DHARWAD TALUK, DHARWAD.

¶679

THE COMMISSIONER HUBBALLI DHARWAD MUNICIPAL CORPORATION, HUBBALLI, DIST. DHARWAD.

¶680

KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD B.P. ROAD, DHARWAD, BY ITS SECRETARY.

¶681

CHIEF ENGINEER KRDCL NO.16, J. MILLER TANK BED AREA, TIMMAYYA ROAD CROSS, BANGALORE -560002.

¶682

MANAGING DIRECTOR HUBBALLI -DHARWAD BRTS CO.LTD., 1ST FLOOR, KSFC BUILDING, RAYAPUR, P. B. ROAD, DHARWAD-580009.

¶683

SPL. LAND ACQUISITION OFFICER AND THE ASSISTANT COMMISSIONER, KRDCL, HDBRTSC OFFICE, 1ST FLOOR, KSFC BUILDING, RAYAPUR, P.B.ROAD, DHARWAD -580009.

¶684

EXECUTIVE ENGINEER KRDCL, NO.16, 3RD MAIN ROAD, DOLLARS COLONY, NEAR VASTALLYA HOSPITAL, GOKUL ROAD, HUBLI.

¶685

M/S. KARNATAKA INDUSTRIAL GASES PVT. LTD., PLOT NO.1, SATTUR VILLAGE, DHARWAD, REPRESENTED BY ITS CHAIRMAN, SHRI RAVINDRAGOUDA S/O. NARAYANAGOUDA ODUGOUDAR, AGED ABOUT 51 YEARS, OCC. BUSINESS, R/O. PLOT NO.1, SATTUR VILLAGE, DHARWAD.

¶686

…RESPONDENTS

¶687

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R1 AND R3; SRI. K.L.PATIL AND SRI.S.S.BETURMATH, ADV. FOR R10; R2-SERVED; SRI. V.M.SHEELVANT, ADV. FOR R4; SRI.C.V.ANGADI, ADV. FOR R6 TO R9)

¶688

53 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶689

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, WHEREFORE FOR THE REASONS AND GROUNDS STATED ABOVE THIS HON BLE COURT MAY KINDLY BE PLEASED TO ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND ORDER DATED 22.12.2021, PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.103319/2016, BY DISMISSING THE WRIT PETITION.

¶690

IN WA NO.100108 OF 2023:

¶691

BETWEEN:

¶692

THE COMMISSIONER HUBBALLI -DHARWAD MUNICIPAL CORPORATION, HUBBALLI, DIST. DHARWAD.

¶693

…APPELLANT

¶694

(BY SRI. V. M. SHEELVANT, ADVOCATE)

¶695

AND:

¶696

M/S. KARNATAKA INDUSTRIAL GAGES PVT. LTD. PLOT NO. 1 SATTUR VILLAGE, DHARWAD. REPRESENTED BY ITS CHAIRMAN RAVINDRAGOUDA S/O. NARAYANGOUDA ODUGOUDAR, AGE. 51 YARS, OCC. BUSIENSS, R/O. PLOT NO.1, SATTUR VILLAGE, DHARWAD.

¶697

THE STATE OF KARNATAKA REPRESENTED BY SECRETARY, URBAN DEVELOPMENT, NO. 504, 5^TH FLOOR, 4TH GATE, M S BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001.

¶698

THE COMMISSIONER DIRECTOR OF URBAN LAND TRANSPORT URBAN DEVELOPMENT DEPARTMENT, BMTC, TIMC B BLOCK, 4TH FLOOR, SHANTI NAGAR, K. H. ROAD, BENGALURU -560002.

¶699

THE TAHSILDAR, DHARWAD, TQ. DIST. DHARWAD 580001.

¶700

THE MEMBER TOWN PLANNING HUBALLI URBAN DEVELOPMENT AUTHORITY, NAVANGAR, TQ. DIST. DHARWAD -580001.

¶701

- 54 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶702

KARNATAKA INDUSTRIEAL AREA DEVELOPMENT BOARD, REPRESENTED BY ITS SECRETARY, P B ROAD, DHARWAD- 580001.

¶703

CHIEF ENGINEER KRDCL NO. 16, J MILLER TANK BED AREA, TMMYYA ROAD CROSS, BENGALURU- 560002.

¶704

MANAGING DIRECTOR HUBBALLI DHARWAD BRTS CO. LTD., 1ST FLOOR, KSFC BUILDING, RAYAPUR, P B ROAD, DHARWAD -580009.

¶705

SPL. LAND ACQUSITION OFFICER AND THE ASSISTANT COMMISIONER, KRDCL, HDBRTSC OFFICE, 1ST FLOOR, KSFC BUILDING RAYAPUR, P B ROAD, DHARWAD -580009.

¶706

EXECUTIVE ENGINEER KRDCL, NO.16, 3^RD MAIN ROAD, DOLLARS COLONY, NEAR VASTALLYA HOSPITAL, GOKUL ROAD, HUBLI.

¶707

…RESPONDENTS

¶708

(BY SRI.B.SHARANABASAWA, ADV. FOR R3; SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W

¶709

SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R2 AND R3; SRI. K.L.PATIL AND SRI.S.S.BETURMATH, ADV. FOR R1; SMT. SHARMILA M.PATIL, ADV. FOR R6; SRI.C.V.ANGADI, ADV. FOR R7 TO R10)

¶710

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT MAY BE PLEASED TO ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 22/12/2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P. NO. 103319/2016 (LARES).

¶711

IN WA NO.100301 OF 2023:

¶712

BETWEEN:

¶713

THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO. VIDYANAGAR, HOSUR, HUBBALLI-580021, TALUK. HUBBALI, DIST. DHARWAD, OLD ADDRESS:

¶714

55 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶715

ASSISTANT COMMISSIONER AND THE SPECIAL LAND ACQUISITION OFFICER, KRDCL, HDBRTSC OFFICE, 1^ST FLOOR, KSFC BUILDING, RAYAPUR, P.B.ROAD, DHARWAD- 09.

¶716

THE MANAGING DIRECTOR HUBBALLI - DHARWAD BRTS COMPANY LTD, 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO. VIDYANAGAR, HOSUR, HUBBALLI-580021 TALUK. HUBBALI, DIST. DHARWAD, OLD ADDRESS: MANAGING DIRECTOR 1^ST FLOOR, KSFC BUILDING, RAYAPUR, P.B.ROAD, DHARWAD- 580009. …APPELLANTS

¶717

(BY SRI. C. V.ANGADI, ADVOCATE)

¶718

AND:

¶719

M/S. KARNATAKA INDUSTRIAL GASES PVT. LTD., PLOT. NO.1, SATTUR VILLAGE, DHARWAD, REPRESENTED BY ITS CHAIRMAN, RAVINDRA GOUDA S/O. NARAYAN GOUDA, AGE: 51 YEARS, OCC. BUSINESS, R/O. PLOT NO.1, SATTUR VILLAGE, DHARWAD-580009.

¶720

THE STATE OF KARNATAKA REPRESENTED BY SECRETARY, URBAN DEVELOPMENT DEPARTMENT, NO.504, 5TH FLOOR, 4TH GATE, M.S. BUILDING, AMBEDKAR VEEDHI, BENGAURU-560001.

¶721

THE COMMISSIONER DIRECTORATE OF URBAN LAND TRANSPORT URBAN DEVELOPMENT DEPARTMENT, BMTC TIMS, B'BLOCK, 4TH FLOOR, SHANTINAGAR, K.H. ROAD, BENGALURU-560002.

¶722

56 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶723

THE TAHASILDAR DHARWAD TALUKA, DHARWAD-580001.

¶724

THE MEMBER, TOWN PLANNING, HUBBALLI DHARWAD URBAN DEVELOPMENT AUTHORIRTY, NAVANAGAR, HUBBALLI-580025. DIST. DHARWAD.

¶725

THE COMMISSIONER HUBBALLI DHARWAD MUNICIPAL CORPORATION HUBBALLI580029, TALUK. HUBBALLI,

¶726

DIST. DHARWAD.

¶727

KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD P.B. ROAD, DHARWAD-580009, BY IT SECRETARY.

¶728

THE CHIEF ENGINEER KRDCL LIMITED, NO.16, 2ND FLOOR, SAMPARKA SOUDHA, OPP ORION MALL, DR. RAJKUMAR RD, RAJAJINAGAR, BENGALURU, KARNATAKA-560010, OLD ADDRESS: CHIEF ENGINEER, KRDCL NO.16, J. MILLER TANK BED AREA, TIMMAYYA ROAD CROSS, BANGALORE-560002.

¶729

THE EXECUTIVE ENGINEER KRDCL NO.13, 3RD MAIN ROAD, DOLLARS COLONY, NEAR VATSALAYA HOSPITAL, GOKUL ROAD, HUBBALLI-580030.

¶730

…RESPONDENTS

¶731

(BY SRI. V.M.SHEELVANT, ADV. FOR R6; SRI.B.SHARANABASAWA, ADV. FOR R5; SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W

¶732

SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R2 TO R4; SRI. K.L.PATIL AND SRI.S.S.BETURMATH, ADV. FOR R1; SMT. SHARMILA M.PATIL, ADV. FOR R7)

¶733

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON’BLE COURT TO, (A) ALLOW THIS WRIT APPEAL AND ST ASIDE THE ORDER DATED 22-12-2021 PASSED IN WP NO.103319/2016 (LA-RES)(B) TO DISMISS WP NO.103319/2016(LA-RES).

¶734

57 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶735

IN WA NO.100420 OF 2022:

¶736

BETWEEN:

¶737

THE COMMISSIONER HUBBALLI -DHARWAD URBAN DEVELOPMENT AUTHORITY, NAVANAGAR, TQ. HUBBALLI, DIST. DHARWAD -580001.

¶738

…APPELLANT

¶739

(BY SRI. B.SHARANABASAWA, ADVOCATE)

¶740

AND:

¶741

THE SPECIAL LAND ACQUISTION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., HDBRTS, DHARWAD-580001.

¶742

THE KARNATAKA ROAD DEVELOPMENT BOARD DEPARTMENT OF PUBLIC WORKS, PORT, INTERIOR TRANSPORT, NO.16/J MILLER TANK BED AREA, TIMMAYYA ROAD CROSS, BANGALORE -560052, BY ITS CHIEF ENGINEER.

¶743

THE STATE OF KARNATAKA DEPARTMENT OF PUBLIC WORKS, PORTS, INTERIOR WATER TRANSPORT, VIKAS SOUDHA, BENGALURU-560056, REP. BY ITS SECRETARY.

¶744

DEPUTY COMMISSIONER DHARWAD, DIST. DHARWAD-580001.

¶745

SRI. SHASHIDHAR S/O. NARAYAN SHETTY AGED ABOUT 67 YEARS, OCC. NOT KNOWN, R/O. NEAR SAPTAPUR BHAVI, SAPTAPUR, DHARWAD, TQ. AND DIST. DHARWAD-580001.

¶746

SMT. ASHALATA W/O. SHASHIDHAR SHETTY AGED ABOUT 63 YERS, OCC. NOT KNOWN, R/O. NEAR SAPTAPUR BHAVI, SAPTAPUR, DHARWAD, TQ. AND DIST. DHARWAD-580001.

¶747

…RESPONDENTS

¶748

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R3 AND R4; SRI. C.V.ANGADI, ADV. FOR R1 AND R2; SRI.J.S.SHETTY, ADV. FOR R5 AND R6)

¶749

58 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶750

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON’BLE COURT TO, PLEASED TO ALLOW THIS APPEAL AND SET-ASIDE THE JUDGMENT AND ORDER DTD.22.12.2021, PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.103380/2016, BY DISMISSING THE WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.

¶751

IN WA NO.100466 OF 2022:

¶752

BETWEEN:

¶753

THE STATE OF KARNATAKA (DEPARTMENT OF PUBLIC WORKS, PORTS, INTERIOR, WATER TRANSPORT) VIKAS SOUDHA, BENGALURU- 560 001, BY ITS SECRETARY.

¶754

THE DEPUTY COMMISSIONER DHARWAD, DHARWAD -580004.

¶755

…APPELLANTS

¶756

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV.)

¶757

AND:

¶758

SRI. SHASHIDHAR S/O. NARAYAN SHETTY AGED 67 YEARS, R/O. NEAR SAPTAPURA BHAVI, SAPTAPURA, DIST. DHARWAD-580004.

¶759

SRI. ASHALATA W/O. SHASHIDHAR SHETTY AGE. 58 YEARS, R/O. NEAR SAPTAPURA BHAVI, SAPTAPURA, DIST: DHARWAD – 580004.

¶760

THE SPECIAL LAND ACQUISITON OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LIMITED /HDBRTS, DHARWAD – 580004.

¶761

THE KARNATAKA ROAD DEVELOPMENT BOARD (DEPARTMENT OF PUBLIC WORKS, PORTS, INTERIOR, TRANSPORT), NO.16/J, MILLAR TANK, BED AREA, THIMAYYA ROAD CROSS, BENGALURU - 560052, BY ITS CHIEF ENGINEER.

¶762

59 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶763

THE HUBBALLI DHARWAD DEVELOPMENT AUTHORITY, NAVANAGAR, HUBBALLI- 580025, DIST: DHARWAD, BY ITS COMMISSIONER.

¶764

…RESPONDENTS

¶765

(BY SRI. B.SHARANABASAWA, ADV. FOR R5; SRI. C.V.ANGADI, ADV. FOR R3 AND R4; SRI. J.S.SHETTY, ADV. FOR R1 AND R2)

¶766

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, WHEREFORE THE APPELLANTS STATE PRAYS THAT THIS HON BLE COURT MAY BE PLEASED TO, CALL FOR THE RECORDS IN W.P.NO.103380/2016 DATED 22.12.2021 AND AFTER EXAMINING THE SAME; QUASH THE IMPUGNED ORDER DATED 22.12.2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P. NO.103380/2016 AND GRANT SUCH OTHER RELIEFS AS THIS HON BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE. IN WA NO.100484 OF 2022:

¶767

BETWEEN:

¶768

THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD, 2ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO. VIDYANAGAR, HOSUR HUBBALLI -580021, TALUK HUBBALLI, DIST. DHARWAD. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., HDBRTS, DHARWAD-580009.

¶769

…APPELLANT

¶770

(BY SRI. C.V.ANGADI, ADVOCATE)

¶771

AND:

¶772

SRI. SHASHIDHAR S/O. NARAYAN SHETTY AGE. 66 YEARS, OCC. NOT KNOWN, R/O. NER SAPTAPUR BHAVI SAPTAPUR, DHARWAD- 580004, TAL . DIST.DHARWAD.

¶773

SMT. ASHALATA W/O. SHASHIDHAR SHETTY AGE: 62 YEARS, OCC. NOT KNOWN, R/O. NEAR SAPTAPUR BHAVI, SAPTAPUR, DHARWAD -580004, TAL. DIST.DHARWAD.

¶774

THE KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., (DEPARTMENT OF PUBLIC WORKS, PORTS, INTERIOR TRANSPORT)

¶775

- 60 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶776

KRDCL LIMITED, NO.16, 2 ND FLOOR, SAMPARKA SOUDHA, OPP.ORION MALL, DR.RAJKUMAR ROAD, RAJAJINAGAR, BENGALURU, KARNATAKA 560010. THE KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., (DEPARTMENT OF PUBLIC WORKS, PORTS, INTERIOR TRANSPORT) 1^ST FLOOR, KSFC BUILDING, P.B.ROAD, RAYAPUR, DHARWAD-580009.

¶777

THE STATE OF KARNATAKA (DEPARTMENT OF PUBLIC WORKS, PORTS, INTERIOR WATER TRANSPORT), VIKAS SOUDHA, BENGALURU -560 001.

¶778

THE DEPUTY COMMISSIONER DHARWAD, DIST. DHARWAD-580001.

¶779

HUBBALLI DHARWAD DEVELOPMENT AUTHORITY NAVANAGAR, HUBBALLI, DIST.DHARWAD-580025.

¶780

…RESPONDENTS

¶781

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R4 AND R5; SRI. B.SHARANABASAWA, ADV.FOR R6; R3-NOTICE DISPENSED WITH; SRI.J.S.SHETTY, ADV. FOR R1 AND R2)

¶782

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, A) ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 22-12-2021 PASSED IN WP NO. 103380/2016 (LA-RES).B) TO DISMISS WP NO. 103380/2016 (LA-RES).

¶783

IN WA NO.100051 OF 2023:

¶784

BETWEEN:

¶785

THE COMMISSIONER HUBBALLI -DHARWAD MUNCIPAL CORPORATION, HUBBALLI, DIST. DHARWAD-580001.

¶786

…APPELLANT

¶787

(BY SRI. V.M.SHEELVANT, ADVOCATE)

¶788

61 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶789

AND:

¶790

SRI. SHASHIDAR S/O. NARAYAN SHETTY AGED 67 YEARS, R/O. NEAR SAPTAPUR BHAVI SAPTAPUR, DHARWAD-580001.

¶791

SHRI. ASHALATA W/O. SHASHIDHAR SHETTY AGED 63 YEARS, R/O. NEAR SAPTAPUR BHAVI, SAPTAPUR, DHARWAD-580001.

¶792

THE SPECIAL LAND ACQUISTION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LIMITED /HDBRTS DHARWAD-580001.

¶793

THE KARNATAKA ROAD DEVELOPMENT BOARD (DEPARTMENT OF PUBLIC WORKS PORTS, INTERIOR TRANSPORT) NO.16/J, MILLAR TANK BED AREA, TIMMAYA ROAD CROSS, BNGALURU BY ITS CHIEF ENGINEER-560001.

¶794

THE STATE OF KARNATAKA (DEPARTMENT OF PUBLIC WORKS, PORTS, INTERIOR TRANSPORT), VIKAS SOUDHA, BENGALURU-560001, BY ITS SECRETARY.

¶795

DEPUTY COMMISSIONER, DHARWAD DIST. DHARWAD- 580001.

¶796

HUBBALLI-DHARWAD DEVELOPMENT AUTHORITY NAVANAGAR, HUBBALLI DIST. DHARWAD – 580001, BY ITS COMMISSIONER.

¶797

…RESPONDENTS

¶798

(BY SRI. C.V.ANGADI, ADV. FOR R3 AND R4; SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R5 AND R6; SRI. B.SHARANABASAWA, ADV. FOR R7; SRI.J.S.SHETTY, ADV. FOR R1 AND R2)

¶799

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, SET ASIDE THE ORDER DATED 22/12/2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.103380/2016 (LA-RES), IN THE INTEREST OF JUSTICE AND EQUITY.

¶800

62 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶801

IN WA NO.100017 OF 2023:

¶802

BETWEEN:

¶803

THE STATE OF KARNATAKA REP. BY THE SECRETARY TO GOVT., DEPARTMENT OF PUBLIC WORKS, PORTS, AND INLAND WATER TRANSPORT, M.S.BUILDING, BENGALURU-560001.

¶804

…APPELLANT

¶805

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV.)

¶806

AND:

¶807

M/S. DODWAD REFINERIES PVT. LTD., REP. BY ITS MANGING DIRECTOR, SHRI. SARASANANDA S/O. GURUPUTRA DODWAD, AGE: 84 YEARS, OCC: BUSINESS, R/O. VIDYAGIRI, OPP: HESCOM, P.B.ROAD, DHARWAD-580004.

¶808

THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD. 1^ST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD.

¶809

THE COMMISSIONER HUBBLLI -DHARWAD MUNICIPAL CORPORATION, HUBBALLI, DIST: DHARWAD.

¶810

MANAGING DIRECTOR HDBRTS. CO, B BLOCK, 2^ND FLOOR, NWKRTC BUS TERMINAL, HOSUR, HUBBALLI-580021.

¶811

THE COMMISSIONER HUBBLLI- DHARWAD, URBAN DEVELOPMENT AUTHORITY, REP. BY ITS COMMISSIONER, NAVANAGAR, DHARWAD-580001.

¶812

…RESPONDENTS

¶813

(BY SRI. SHIVASAI M.PATIL, ADV. FOR R1; SRI.C.V.ANGADI, ADV. FOR R2 AND R4; SRI. V.M.SHEELVANT, ADV. FOR R3; SRI. B.SHARANABASAWA, ADV. FOR R5)

¶814

¶815

63 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶816

IN WA NO.100460 OF 2022:

¶817

BETWEEN:

¶818

HUBBALLI DHARWAD URBAN DEVELOPMENT AUTHORITY REP. BY ITS COMMISSIONER, NAGANAGAR, TQ. HUBBALLI, DIST. DHARWAD- 580001.

¶819

…APPELLANT

¶820

(BY SRI. B. SHARANABASAWA, ADVOCATE)

¶821

AND:

¶822

THE STATE OF KARNATAKA DEPARTMENT OF KARNATAKA PUBLIC WORKS, PORTS AND INLAND WATER TRANSPORT DEPARTMENT, M S BUILDING, BANGALORE 01. BY ITS SECRETARY.

¶823

THE SPECIAL LAND ACQUISITION OFICER KRDCL., 1ST FLOOR, KSFC BUILDING, P.R.ROAD, RAYAPUR, DHARWAD-580009.

¶824

THE COMMISSIONER HDMC, DHARWAD.

¶825

HUBBALLI- DHARWAD KRDCL CO. LTD., REP. BY ITS MANAGING DIRECTOR, DHARWAD, TQ. AND DIST. DHARWAD- 580001.

¶826

M/S. DODWAD REFINERIES PVT LTD., REPRESENTED BY ITS MANAGING DIRECTOR, SHRI. SARASANAND S/O. GURUPUTRA DODWAD, AGED ABOUT 86 YEARS, OCC. BUSINESS, R/O. VIDYAGIRI, OPP. BUSINESS, R/O. VIDYAGIRI, OPP HESCOM, P B ROAD, DHARWAD.

¶827

…RESPONDENTS

¶828

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R1; SRI.C.V.ANGADI, ADV. FOR R2 AND R4; SRI.V.M.SHEELVANT, ADV. FOR R3; R5-SERVED)

¶829

¶830

64 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶831

IN WA NO.100475 OF 2022:

¶832

BETWEEN:

¶833

THE COMMISSIONER HUBLI DHARWAD MUNICIPAL CORPORATION, HUBBALLI, DIST. DHARWAD.

¶834

…APPELLANT

¶835

(BY SRI. V.M.SHEELVANT, ADVOCATE)

¶836

AND:

¶837

M/S. DODWAD REFINERIES PVT LTD., REPRESENTED BY ITS MANAGING DIRECTOR SHRI. SARASAMAMD S/O. GURUPUTRADODWAD, AGED. 72 YEARS, OCC. BUSINESS, R/O. VIDYAGIRI, OPP HESCOM, P.B.ROAD, DHARWAD.

¶838

THE STATE OF KARNATAKA DEPARTMENT OF KARNATAKA PUBLIC WORKS PORTS AND INLAND WATER TRANSPORT DEPARTMENT MS BUILDING, BANGALORE-1, REPRESENTED BY ITS SECRETARY.

¶839

THE SPECIAL LAND ACQUISITION OFFICER K.R.D.C.L. 1^ST FLOOR, KSFC BUILDING, PB ROAD, RAYAPUR, DHARWAD – 580009.

¶840

HUBBALLI- DHARWAD KRDCL CO. LTD., REP. BY ITS MANAGING DIRECTOR, TQ AND DIST: DHARWAD-580009.

¶841

THE COMMISSIONER H.D.U.D.A NAVANAGAR,

¶842

DHARWAD- 580009.

¶843

…RESPONDENTS

¶844

(BY SRI. B.SHARANABASAWA, ADV. FOR R5; SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R2; SRI.C.V.ANGADI, ADV. FOR R3 AND R4)

¶845

¶846

65 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶847

IN WA NO.100173 OF 2023:

¶848

BETWEEN:

¶849

THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 2ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO. VIDYANAGR, HOSUR, HUBBALLI-580021, TALUK. HUBBALI, DIST. DHARWAD, OLD ADDRESS: THE SPECIAL LAND ACQUISITION OFFICER KRDCL., 1^ST FLOOR, P.B.ROAD, RAYAPUR, DHARWAD-580009.

¶850

THE MANAGING DIRECTOR HUBBALLI - DHARWAD BRTS COMPANY LTD, 2ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO. VIDYANAGR, HOSUR, HUBBALLI-580021 TALUK. HUBBALI, DIST. DHARWAD, DHARWAD-580009. OLD ADDRESS: HUBBALLI - DHARWAD KRDCL COMPANY LTD, REP. BY ITS MANAGING DIRECTOR, DHARWAD TQ AND DIST: 580001.

¶851

…APPELLANTS

¶852

(BY SRI. C. V. ANGADI, ADVOCATE)

¶853

AND:

¶854

M/S DODWAD REFINERIES PVT. LTD., REPRESENTED BY ITS MANAGING DIRECTOR, SHRI. SARASANAND S/O. GURUPUTRA DODWAD, AGE: 80 YARS, OCC: BUSINESS, R/O. VIDYAGIRI, OPP. HESCOM, P.B. ROAD, DHARWAD- 580004.

¶855

THE STATE OF KARNATAKA DEPARTMENT OF KARNATAKA PUBLIC WORKS, PORTS AND INLAND WATER TRANSPORT DEPARTMENT, M.S. BUILDING, BENGALURU -560001. REP BY ITS SECRETARY.

¶856

66 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶857

THE COMMISSIONER HUBBALLI DHARWAD MUNICIPAL CORPORATION, DHARWAD- 580008.

¶858

HUBBALLI DHARWAD URBAN DEVELOPMENT AUTHORITY, REPRESENTED BY ITS COMMISSIONER, NAVANAGAR, DHARWAD -580001.

¶859

…RESPONDENTS

¶860

(BY SRI.R1-SERVED; SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R2; SRI.G.I.GACHCHINAMATH, ADV. FOR R3; SMT. SHARMILA PATIL, ADV. FOR R4)

¶861

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, PRAYED THAT THIS HON BLE COURT BE PLEASED CALL TO ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 22-12-2021 PASSED IN WP NO. 103447/2016 (LA-RES).

¶862

IN WA NO.100452 OF 2022:

¶863

BETWEEN:

¶864

HUBBALLI -DHARWAD URBAN DEVELOPMENT AUTHORITY, REP. BY ITS COMMISSIONER, NAVANAGAR, TQ. HUBBALLI, DIST. DHARWAD.

¶865

…APPELLANT

¶866

(BY SRI. B. SHARANABASAWA, ADVOCATE)

¶867

AND:

¶868

THE STATE OF KARNATAKA REPRESENTED BY SECRETARY TO URBAN DEVELOPMENT DEPARTMENT, 504, 4TH FLOOR, 4TH GATE, M S BUILDING, BANGALURU- 560001.

¶869

HUBBALLI DHARWAD BRTS COMPANY LTD., REPRESENTED BY ITS MANAGING DIRECTOR, DHARWAD, TQ. AND DIST. DHARWAD -580001.

¶870

THE ASSISTANT COMMISSIONER AND SPECIAL LAND ACQUISITION OFFICER, KRDCL RAYAPUR, DHARWAD, TQ. AND DIST. DHARWAD -580001.

¶871

- 67 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶872

THE COMMISSIONER HUBBALLI DHARWAD MUNICIPAL CORPORATION, DHARWAD, TQ. AND DIST. DHARWAD-580001.

¶873

THE TAHASHILDAR, DHARWAD, TQ. AND DIST. DHARWAD-580001.

¶874

RAVI S/O. ADIVAPPA KATTI AGE. MAJOR, OCC. BUSINESS, R/O. RAVI NIVAS, MODERN HALL, P B ROAD, VIDYAGIRI DHARWAD-580001.

¶875

…RESPONDENTS

¶876

(BY SRI.C.V.ANGADI, ADV. FOR R2 AND R3; SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W

¶877

SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R1 AND R5; SRI. V.M.SHEELVANT, ADV. FOR R4; SRI.M.V.HIREMATH, ADV. FOR R6)

¶878

¶879

IN WA NO.100498 OF 2022:

¶880

BETWEEN:

¶881

THE SPECIAL LAND ACQUISTION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO: VIDYANAGAR HOSUR, HUBBALLI -580021, TALUK. HUBBALLI, DIST. DHARWAD. OLD ADDRESS: THE ASSISTANT COMMISSIONER AND SPECIAL LAND ACQUISITION OFFICER, KRDCL RAYAPUR, DHARWAD, TAL AND DIST: DHARWAD-580001.

¶882

THE MANAGING DIRECTOR HUBBALLI-DHARWAD BRTS COMPANY LTD., 2ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING,

¶883

68 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶884

NEW COURT ROAD, PO VIDYANAGAR HOSRU HUBBALLI 580021, TALUK HUBBALLI DIST. DHARWAD. OLD ADDRESS: HUBBALLI-DHARWAD BRTS CO. LTD., REPRESENTED BY ITS MANAGING DIRECTOR, RAYAPUR, DHARWAD, TAL AND DIST: DHARWAD-580001.

¶885

…APPELLANTS

¶886

(BY SRI. C.V.ANGADI, ADVOCATE)

¶887

AND:

¶888

RAVI S/O. ADIVEPPA KATTI AGED 52 YEARS, OCC. BUSINESS, R/P RAVI NIVAS MODERN HALL P.B. ROAD, VIDYAGIRI, DHARWAD, DIST. DHARWAD -580001.

¶889

STATE OF KARNATAKA REPRESENTED BY SECRETARY TO URBAN DEVELOPMENT DEPARTMENT, 504, 5TH FLOOR, 4TH GATE, M.S. BUILDING, BENGALURU -560001.

¶890

THE DEPUTY DIRECTOR OF TOWN PLANNING HUBBALLI-DHARWAD MAHANAGAR PALIKE, DHARWAD, TAL AND DIST. DHARWAD -580001.

¶891

HUBBALLI URBAN DEVELOPMENT AUTHORITY REGISTERED BY ITS COMMISSIONER, NAVANAGAR, TAL. HUBBALLI, DIST. DHARWAD-580001.

¶892

THE TAHSILDAR DHARWAD, TAL AND DIST. DHARWAD-580001.

¶893

…RESPONDENTS

¶894

(BY SRI.M.V.HIREMATH, ADV. FOR R1; SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R2 AND R5; SRI. B. SHARANABASAWA, ADV. FOR R3 AND R4)

¶895

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, (A) ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 22-12-2021 PASSED IN WP NO.103451/2016(LA-RES).(B) TO DISMISS W.P.NO.103451/2016(LA-RES).

¶896

69 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶897

IN WA NO.100507 OF 2022:

¶898

BETWEEN:

¶899

THE STATE OF KARNATAKA REP. BY ITS SECRETARY TO URBAN DEVELOPMENT DEPARTMENT, 504, 5^TH FLOOR, 4^TH GATE, M.S.BUILDING, BENGALURU-560001.

¶900

THE TAHSILDAR DHARWAD, TQ AND DIST: DHARWAD-580001.

¶901

…APPELLANT

¶902

(BY SRI. SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV.)

¶903

AND:

¶904

RAVI S/O. ADIVEPPA KATTI AGE: 51 YEARS, OCC: BUSINESS, R/O. RAVI NIVAS, MODERN HALL, P.B.ROAD, VIDYAGIRI, DHARWAD, DIST: DHARWAD.

¶905

HUBBALLI-DHARWAD BRTS COMPANY LTD., REPRESENTED BY ITS THE MANAGING DIRECTOR, 2^ND FLOOR, B BLOCK, HOSUR INTERCHANGE BUILDING, NEW COURT ROAD, PO: VIDYANAGAR, HOSUR, HUBBALLI-580021, TALUK: HUBBALLI, DIST: DHARWAD.

¶906

THE SPECIAL LAND ACQUISITION OFFICER KRDCL/ HDBRTS, 2 FLOOR, B BLOCK, NWKRTC INTERCHANGE BUILDING, NEW COURT ROAD, PO: VIDYANAGAR, HOSUR, HUBBALLI-580021, TALUK: HUBBALLI, DIST: DHARWAD.

¶907

THE COMMISSIONER HUBBALLI- DHARWAD MUNICIPAL CORPORATION, DHARWAD-580001, TAL. DIST: DHARWAD.

¶908

HUBBALLI URBAN DEVELOPMENT AUTHORITY, REP. BY ITS COMMISSIONER, HUBBALLI-580025,TALUK: HUBBALLI, DIST: DHARWAD.

¶909

70 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶910

…RESPONDENTS

¶911

(BY SRI.C.V.ANGADI, ADV. FOR R2 AND R3; SRI.M.V.HIREMATH, ADV. FOR R1; SRI.V.M.SHEELVANT, ADV. FOR R4; SRI.B.SHARNABASAWA, ADV. FOR R5)

¶912

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, (A) CALL FOR THE RECORDS IN W.P.NO.103451/2016 (LAC) 21.12.2021 AND AFTER EXAMINING THE SAME.(B) QUASH THE IMPUGNED ORDER DATED 21.12.2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.103451/2016.

¶913

IN WA NO.100163 OF 2023:

¶914

BETWEEN:

¶915

HUBLI, DHARWAD MUNICIPAL CORPORATION BY ITS COMMISSIONER, TQ AND DIST. DHARWAD-580001.

¶916

…APPELLANT

¶917

(BY SRI. V.M.SHEELVANT, ADVOCATE)

¶918

AND:

¶919

RAVI S/O. ADIVEPPA KATTI AGE. 50 YEARS, OCC. BUSINESS, R/O. RAVI NIVAS, MODERN HALL P.B.ROAD, VIDYAGIRI DHARWAD, DIST. DHARWAD-580001.

¶920

STATE OF KARNATAKA REPRESENTED BY SECRETARY TO URBAN DEVELOPMENT DEPARTMENT 504, 5TH FLOOR, 4TH GATE M.S.BUILDING BENGALURU-01.

¶921

HUBLI- DHARWAD BRTS COMPANY LTD REPRESENTED BY ITS MANAGING DIRECTOR DHARWAD, TQ AND DIST. DHARWAD-580001.

¶922

THE ASSISTANT COMMISSIONER AND SPECIAL LAND ACQUISITION OFFICER, KRDCL RAIPUR DHARWAD, TQ AND DIST. DHARWAD-580001.

¶923

- 71 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶924

THE DEPUTY DIRECTOR OF TOWN PLANNING HUBLI DHARWAD MAHANAGAR PALIKE, DHARWAD, TAL AND DIST.DHARWAD-580001.

¶925

HUBLI URBAN DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER, NAVANAGER, TQ. HUBBALLI, DIST. DHARWAD-580001.

¶926

THE TAHASHILDAR DHARWAD, TQ AND DIST. DHARWAD-580001.

¶927

…RESPONDENTS

¶928

(BY SRI. SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R2 AND R7; SRI.C.V.ANGADI, ADV. FOR R3 AND R4; SRI.M.V.HIREMATH, ADV. FOR R1; SRI.B.SHARANABASAWA, ADV. FOR R5 AND R6)

¶929

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, SET ASIDE THE ORDER DATED 22/12/2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.103451/2016 (LAC), IN THE INTEREST OF JUSTICE AND EQUITY.

¶930

IN WA NO.100410 OF 2022:

¶931

BETWEEN:

¶932

THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO: VIDYANAGAR HOSUR, HUBBALLI -580021, TALUK. HUBBALLI, DIST. DHARWAD. OLD ADDRESS: SPECIAL LAND ACQUISITION OFFICER AND THE ASSISTANT COMMISSIONER, KRDCL, HDBRTSC OFFICE, 1^ST FLOOR, KSFC BUILDING, RAYAPUR, P.B.ROAD, DHARWAD-580009.

¶933

THE MANAGING DIRECTOR HUBBALLI-DHARWAD BRTS COMPANY LTD., 2ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO VIDYANAGAR HOSRU

¶934

72 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶935

HUBBALLI 580021, TALUK HUBBALLI DIST. DHARWAD. OLD ADDRESS: MANAGING DIRECTOR HUBBALLI-DHARWAD BRTS CO. LTD., 1^ST FLOOR, KSFC BUILDING, RAYAPUR, P.B.ROAD, DHARWAD-580009.

¶936

…APPELLANTS

¶937

(BY SRI. C.V.ANGADI, ADVOCATE)

¶938

AND:

¶939

MAHAMMAD GOUSE S/O. JAFARSAB SAVANUR AGED. 71 YEARS, OCC. NOT KNOWN, R/O. P.B. ROAD, DHARWAD-580001.

¶940

GOUSEMODDIN S/O. JAFARSAB SAVANUR AGE. 71 YEARS, OCC. NOT KNOWN, R/O. P.B.ROAD, DHARWAD-580001.

¶941

SHOUKATALI S/O. JAFARASAB SAVANUR AGE. 59 YEARS, OCC. NOT KNOWN, R/O. P.B.ROAD, DHARWAD-580001.

¶942

THE STATE OF KARNATAKA REPRESENTED BY SECRETARY URBAN DEVELOPMENT DEPARTMENT, 504-5TH FLOOR, 4TH GATE, M.S.BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001.

¶943

THE COMMISSIONER DIRECTOR OF URBAN LAND TRANSPORT URBAN DEVELOPMENT DEPARTMENT, BMTC TIMC B BLOCK, 4TH FLOOR, SHANTI NAGAR, K H ROAD, BENGALURU-560002.

¶944

THE COMMISSIONER HUBBALLI-DHARWAD MUNICIPAL CORPORATION, HUBBALLI, DIST. DHARWAD.

¶945

THE CHIEF ENGINEER KRDCL LIMITED, NO.16, 2ND FLOOR, SAMPARKA SOUDHA, OPP. ORION MALL, DR. RAJKUMAR RD, RAJAJINAGAR, BENGALURU, KARNATAKA-560010.

¶946

73 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶947

THE EXECUTIVE ENGINEER KRDCL NO.13, 3RD MAIN, DOLLARS COLONY, NEAR VATSALAYA HOSPITAL, GOKUL ROAD, HUBBALLI-580030.

¶948

…RESPONDENTS

¶949

(BY SRI. K.L.PATIL AND SRI.S.S.BETURMATH, ADV. FOR R1 AND R2; SRI. V.M.SHEELVANT, ADV. FOR R6; SRI. SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R4 AND R5; R3-DECEASED; R7 AND R8-DISPENSED WITH)

¶950

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, A) ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 22-12-2021 PASSED IN W.P. NO. 103479-103481/2016 (LA-RES)B) DISMISS W.P. NO. 103479103481/2016(LA-RES).

¶951

IN WA NO.100034 OF 2023:

¶952

BETWEEN:

¶953

THE STATE OF KARNATAKA REPRESENTED BY SECRETARY URBAN DEVELOPMENT DEPARTMENT, 504-5TH FLOOR, 4TH GATE, M.S.BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001.

¶954

…APPELLANT (BY SRI. SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV.)

¶955

AND:

¶956

MAHAMMAD GOUSE S/O. JAFARSAB SAVANUR AGED: 72 YEARS, OCC: NOT KNOWN, R/O. P.B.ROAD, DHARWAD-580001.

¶957

GOUSEMODDIN S/O. JAFARSAB SAVANUR, AGED: 70 YEARS, OCC: NOT KNOWN, R/O. P.B.ROAD, DHARWAD-580001.

¶958

SHOUKATALI S/O. JAFARSAB SAVANUR AGED: 60 YEARS, OCC: NOT KNOWN, R/O. P.B.ROAD, DHARWAD-580001.

¶959

- 74 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶960

THE COMMISSIONER DIRECTOR OF URBAN LAND TRANSPORT URBAN DEVELOPMENT DEPARTMENT, BMTC TIMC B BLOCK, 4TH FLOOR, SHANTI NAGAR, K H ROAD, BENGALURU-560002.

¶961

THE COMMISSIONER HUBBALLI-DHARWAD MUNICIPAL CORPORATION, HUBBALLI, DIST. DHARWAD.

¶962

THE CHIEF ENGINEER KRDCL LIMITED, NO.16, 2ND FLOOR, SAMPARKA SOUDHA, OPP. ORION MALL, DR. RAJKUMAR RD, RAJAJINAGAR, BENGALURU, KARNATAKA-560010.

¶963

MANAGING DIRECTOR HUBBALLI-DHARWAD BRTS COMPANY LTD., 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUIDING, NEW COURT ROAD, PO: VIDYANAGAR, HOSUR, HUBBALLI-580021, TALUK: HUBBALLI, DIST: DHARWAD.

¶964

THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 2ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, ] NEW COURT ROAD, PO: VIDYANAGAR, HOSUR, HUBBALLI-580021, TALUK: HUBBALLI, DIST: DHARWAD.

¶965

THE EXECUTIVE ENGINEER KRDCL NO.13, 3RD MAIN, DOLLARS COLONY, NEAR VATSALAYA HOSPITAL, GOKUL ROAD, HUBBALLI-580030.

¶966

…RESPONDENTS

¶967

(BY SRI.C.V.ANGADI, ADV. FOR R6 TO R9; SRI. K.L.PATIL AND SRI.S.S.BETURMATH, ADV. FOR R1 AND R2; SRI.VM.SHEELVANT, ADV. FOR R5)

¶968

75 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶969

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, A) ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 22-12-2021 PASSED IN W.P. NO. 103479/2016 (LA-RES).B) TO DISMISS W.P. NO. 103479/2016 (LA-RES).

¶970

IN WA NO.100069 OF 2023:

¶971

BETWEEN:

¶972

HUBBALLI-DHARWAD URBAN DEVELOPMENT AUTHORITY REP. BY ITS COMMISSIONER, NAVANAGAR TQ. HUBBALLI, DIST. DHARWAD -580001.

¶973

…APPELLANT

¶974

(BY SRI. B. SHARANABASAWA, ADVOCATE)

¶975

AND:

¶976

THE STATE OF KARNATAKA REP. BY SECRETARY, URBAN DEVELOPMENT DEPARTMENT NO.504, 5TH FLOOR, 4TH GATE, M.S.BUILDING, AMBEDKAR VEEDHI, BENGALURU- 560001.

¶977

THE COMMISSIONER DIRECTOR OF URBAN LAND TRANSPORT URBAN DEVELOPMENT DEPARTMENT, BMTC, TIMC B BLOCK, 4TH FLOOR, SHANTI NAGAR, K.H.ROAD, BENGALURU- 560002.

¶978

THE COMMISSIONER HUBBALLI DHARWAD MUNCIPAL CORPORATION, HUBBALLI, DIST. DHARWAD.

¶979

CHIEF ENGINEER KRDCL NO. 16/J MILLER TANK BED AREA, TIMMAYYA ROAD CROSS, BENALURU- 560002.

¶980

THE MANAGING DIRECTOR HUBBALLI DHARWAD BRTS COMPANY LTD., 1ST FLOOR, KSFC BUILDING, RAYAPUR, P.B.ROAD, DHARWAD- 580009.

¶981

SPL LAND ACQUISTION OFFICER AND THE ASSISTANT COMMISSIONER, KRDCL, HDBRTS OFFICE, 1ST FLOOR, KSFC BUILDING, RAYAYPUR, P.B.ROAD, DHARWAD- 580009.

¶982

- 76 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶983

EXECUTIVE ENGINEER KRDCL, NO.16, 3RD MAIN ROAD, DOLLARS COLONY, NEAR VASTALLY HOSPITAL, GOKUL ROAD, HUBBALLI.

¶984

MOHAMMAD GOUSE S/O. JAFARSAB SAVANUR AGED ABOUT 72 YEARS, R/O. P.B.ROAD, DHARWAD.

¶985

GOUSEMODDIN S/O. JAFARSAGB SAVANUR AGED ABOUT 70 YEARS, R/O P.B.ROAD, DHARWAD.

¶986

SHOUKATALI S/O. JAFARSAB SAVANUR AGED ABOUT 60 YEARS, R/O P.B.ROAD, DHARWAD.

¶987

…RESPONDENTS

¶988

(BY SRI. SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R1 AND R2; SRI.C.V.ANGADI, ADV. FOR R4 TO R7; SRI. K.L.PATIL AND SRI.S.S.BETURMATH, ADV. FOR R8 & R9; SRI. V.M.SHEELVANT, ADV. FOR R3)

¶989

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, PLEASED TO ALLOW THIS APPEAL AND SET-ASIDE THE JUDGMENT AND ORDER DTD.22.12.2021, PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.103479-103481/2016, BY DISMISSING THE WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.

¶990

IN WA NO.100125 OF 2023:

¶991

BETWEEN:

¶992

HUBBALLI DHARWAD MUNUICIPAL CORPORATION HUBBALLI BY ITS COMMISSIONER, DIST. DHARWAD.

¶993

…APPELLANT

¶994

(BY SRI. V. M. SHEELVANT, ADVOCATE)

¶995

AND:

¶996

MAHAMMAD GOUSE S/O. JAFARSABSAVANUR AGED 66 YEARS, OCC:

¶997

GOUSEMODDIN S/O. JAFARSABSAVANUR AGED 64 YEARS, OCC:

¶998

77 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶999

SHOUKATALI S/O. JAFARSABSAVANUR AGED 54 YEARS, OCC. ALL R/O P.B. ROAD, DHARWAD.

¶1000

THE STATE OF KARNATAKA REPRESENTED BY SECRETARY URBAN DEVELOPMENT DEPARTMENT NO. 504, 5TH FLOOR, 4TH GATE, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU.

¶1001

THE COMMSSIONER DIRECTOR OF URBAN LAND TRANSPORT URBAN DEVELOPMENT DEPARTMENT, BMTD, TIMC, B –BLOCK, 4TH FLOOR, SHANTI NAGAR, K.H. ROAD, BENGALURU-560002.

¶1002

CHEIF ENGINEER KRDCL NO. 16/J MILLER TANK BED AREA, TIMMAYYA ROAD CROSS, BANGALORE -560002.

¶1003

MANAGING DIRECTOR HUBBALLI -DHARWAD BRTS CO. LTD 1ST FLOOR, KSFC BUILDING, RAYAPUR, P.B. ROAD, DHARWAD.

¶1004

SPECIAL LAND ACQUISITON OFFICER AND THE ASSISTANT COMMISSIONER, KRDCL, HDBRTSC OFFICE, 1ST FLOOR, KSFC BUILDING, RAYAPUR, P.B. ROAD, DHARWAD-09.

¶1005

EXECUTIVE ENGINEER KRDCL, NO. 16, 3RD MAIN ROAD, DOLLARS COLONY, NEAR VASTALLYA HOSPITAL, GOKUL ROAD, HUBBALLI.

¶1006

…RESPONDENTS

¶1007

(BY SRI. B.SHARANABASAWA, ADV. FOR R7; SRI. SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R4 AND R5; SRI.C.V.ANGADI, ADV. FOR R6, R8 AND R9; SRI. K.L.PATIL AND SRI.S.S.BETURMATH, ADV. FOR R1 & R2)

¶1008

- 78 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1009

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT BE PLEASED TO ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 22/12/2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P. NO. 103479-103481/2016 (LA-RES).

¶1010

IN WA NO.100412 OF 2022:

¶1011

BETWEEN:

¶1012

THE SPECIAL LAND ACQUISTION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO: VIDYANAGAR HOSUR, HUBBALLI -580021, TALUK. HUBBALLI, DIST. DHARWAD. OLD ADDRESS: SPECIAL LAND ACQUISITION OFFICER AND THE ASSISTANT COMMISSIONER, KRDCL, HDBRTSC OFFICE, 1^ST FLOOR, KSFC BUILDING, RAYAPUR, P.B.ROAD, DHARWAD-580009.

¶1013

THE MANAGING DIRECTOR HUBBALLI-DHARWAD BRTS COMPANY LTD., 2ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO VIDYANAGAR HOSRU HUBBALLI 580021, TALUK HUBBALLI DIST. DHARWAD. OLD ADDRESS: MANAGING DIRECTOR HUBBALLI-DHARWAD BRTS CO. LTD., 1^ST FLOOR, KSFC BUILDING, RAYAPUR, P.B.ROAD, DHARWAD-580009.

¶1014

…APPELLANTS

¶1015

(BY SRI. C.V.ANGADI, ADVOCATE)

¶1016

AND:

¶1017

JYOTI W/O. FAKKIRAPPA CHAVAN AGED 57 YEARS, OCC. NOT KNOWN, R/O. P.B.ROAD, DHARWAD -580001.

¶1018

THE STATE OF KARNATAKA REPRESENTED BY SECRETARY, URBAN DEVELOPMENT DEPARTMENT,

¶1019

79 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1020

504, 5TH FLOOR, 4TH GATE, M.S.BUILDING, AMBEDKAR VEEDHI, BENGALURU -560001.

¶1021

THE COMMISSIONER DIRECTOR OF URBAN LAND TRANSPORT URBAN DEVELOPMENT DEPARTMENT, BMTC TIMC B BLOCK, 4TH FLOOR, SHANTI NAGAR, K.H.ROAD, BENGALURU-560002.

¶1022

THE COMMISSIONER HUBBALLI -DHARWAD MUNICIPAL CORPORATION, HUBBALLI, TALUK. HUBBALLI, DIST. DHARWAD.

¶1023

THE CHIEF ENGINEER KRDCL LIMITED, NO.16, 2ND FLOOR, SAMPARKA SOUDHA, OPP ORION MALL, DR. RAJKUMAR ROAD, RAJAJINAGAR, BENGALURU, KARNATAKA -560010. OLD ADDRESS: CHIEF ENGINEER KRDCL, NO.16, J MILLER TANK BED AREA, TIMMAYYA ROAD CROSS, BANGALORE-560002.

¶1024

THE EXECUTIVE ENGINEER KRDCL NO.16, 3^RD MAIN ROAD, DOLLARS COLONY, NEAR VATSALAYA HOSPITAL, GOKUL ROAD, HUBBALLI- 580030.

¶1025

…RESPONDENTS

¶1026

(BY SRI. V.M.SHEELVANT, ADV. FOR R4; SRI. SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R2 AND R3; SRI. K.L.PATIL AND SRI.S.S.BETURMATH, ADV. FOR R1; R5 AND R6-DISPENSED WITH)

¶1027

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, A) ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 22-12-2021 PASSED IN W.P. NO. 103482/2016(LA-RES)B) DISMISS W.P. NO. 103482/2016(LA-RES).

¶1028

- 80 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1029

IN WA NO.100003 OF 2023:

¶1030

BETWEEN:

¶1031

THE STATE OF KARNATAKA REPRESENTED BY SECRETARY, URBAN DEVELOPMENT DEPARTMENT, 504, 5TH FLOOR, 4TH GATE, M.S.BUILDING, AMBEDKAR VEEDHI, BENGALURU -560001.

¶1032

…APPELLANT

¶1033

(BY SRI. SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV.)

¶1034

AND:

¶1035

JYOTI W/O. FAKKIRAPPA CHAVAN AGED 58 YEARS, R/O. P.B.ROAD, DHARWAD -580001.

¶1036

THE COMMISSIONER DIRECTOR OF URBAN LAND TRANSPORT URBAN DEVELOPMENT DEPARTMENT, BMTC TIMC B BLOCK, 4TH FLOOR, SHANTI NAGAR, K.H.ROAD, BENGALURU-560002.

¶1037

THE COMMISSIONER HUBBALLI -DHARWAD MUNICIPAL CORPORATION, HUBBALLI, TALUK. HUBBALLI, DIST. DHARWAD.

¶1038

THE CHIEF ENGINEER KRDCL LIMITED, NO.16, 2ND FLOOR, SAMPARKA SOUDHA, OPP ORION MALL, DR. RAJKUMAR ROAD, RAJAJINAGAR, BENGALURU, KARNATAKA -560010.

¶1039

MANAGING DIRECTOR HUBBALLI-DHARWAD BRTS COMPANY LTD., 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO: VIDYANAGAR, HOSUR, HUBBALLI-580021, TALUK: HUBBALLI, DIST: DHARWAD.

¶1040

THE SPECIAL LAND ACQUISTION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD.,

¶1041

- 81 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1042

2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO: VIDYANAGAR HOSUR, HUBBALLI -580021, TALUK. HUBBALLI, DIST. DHARWAD.

¶1043

THE EXECUTIVE ENGINEER KRDCL NO.16, 3^RD MAIN ROAD, DOLLARS COLONY, NEAR VATSALAYA HOSPITAL, GOKUL ROAD, HUBBALLI- 580030.

¶1044

…RESPONDENTS

¶1045

(BY SRI. K.L.PATIL AND SRI.S.S.BETURMATH, ADV. FOR R1; R2-SERVED; SRI.C.V.ANGADI, ADV. FOR R4 TO R7; SRI.V.M.SHEELVANT, ADV. FOR R3)

¶1046

¶1047

IN WA NO.100061 OF 2023:

¶1048

BETWEEN:

¶1049

HUBBALLI-DHARWAD URBAN DEVELOPMENT AUTHORITY REP. BY ITS COMMISSIONER, NAVANAGAR, TQ. HUBBALLI, DIST. DHARWAD-580001.

¶1050

…APPELLANT

¶1051

(BY SRI. B. SHARANABASAWA, ADVOCATE)

¶1052

AND:

¶1053

THE STATE OF KARNATAKA REPRESENTED BY SECRETARY, URBAN DEVELOPMENT DEPARTMENT, 504, 4TH FLOOR, 4TH GATE, M.S.BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001.

¶1054

THE COMMISSIONER DIRECTOR OF URBAN LAND TRANSPORT URBAN DEVELOPMENT DEPARTMENT, BMTC, TIMC B BLOCK, 4^TH FLOOR, SHANTI NAGAR, K.H.ROAD, BENGALURU-560 002.

¶1055

82 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1056

CHIEF COMMISSIONER HUBBALLI-DHARWAD MUNICIPAL CORPORATION, HUBBALLI, DIST. DHARWAD-580001.

¶1057

CHIEF ENGINEER KRDCL NO.16, J MILLER TANK BED AREA, TIMMAYYA ROAD CROSS, BANGALORE-560002.

¶1058

MANAGING DIRECTOR HUBBALLI-DHARWAD BRTS CO.LTD., 1^ST FLOOR, KSFC BUILDING, RAYAPUR, P.B.ROAD, DIST. DHARWAD-580009.

¶1059

SPL. LAND ACQUISTION OFFICER AND THE ASSISTANT COMMISSIONER KRDCL HDBRTSC OFFICE, 1ST FLOOR, KSFC BUILDING, RAYAPUR, P.B.ROAD, DHARWAD-580009.

¶1060

EXECUTIVE ENGINEER KRDCL, NO.16, 3RD MAIN DOLLARS COLONY, NEAR VASTALLYA HOSPITAL GOKUL ROAD, HUBBALLI-580001.

¶1061

JYOTI W/O. FAKKIRAPPA CHAVAN AGE. 58 YEARS, OCC. BUSINESS, P.B.ROAD, DIST. DHARWAD-580001.

¶1062

…RESPONDENTS

¶1063

(BY SRI. SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R1 AND R2; SRI. K.L.PATIL AND SRI.S.S.BETURMATH, ADV. FOR R8;) SRI. V.M.SHEELVANT, ADV. FOR R3; SRI.C.V.ANGADI, ADV. FOR R4 TO R7)

¶1064

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, PLEASED TO ALLOW THIS APPEAL AND SET-ASIDE THE JUDGMENT AND ORDER DTD.22.12.2021, PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.103482/2016, BY DISMISSING THE WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.

¶1065

83 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1066

IN WA NO.100096 OF 2023:

¶1067

BETWEEN:

¶1068

THE COMMISSIONER HUBBALLI-DHARWAD MUNCIPAL CORPORATION, HUBBALLI, DIST. DHARWAD.

¶1069

…APPELLANT

¶1070

(BY SRI. V. M. SHEELVANT, ADVOCATE)

¶1071

AND:

¶1072

JYOTI W/O. FAKKIRAPPA CHAVAN AGED 58 YEARS, OCC. HOUSEHOLD WORK, R/O P.B.ROAD, DHARWAD.

¶1073

THE STATE OF KARNATAKA REPRESENTED BY SECRETARY URBAN DEVELOPMENT DEPARTMENT, NO. 504, 5TH FLOOR, 4TH GATE, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU- 560001.

¶1074

THE COMMISSIONER DIRECTOR OF URBAN LAND TRANSPORT URBAN DEVELOPMENT DEPARTMENT BMTD, TIMC B BLOCK, 4TH FLOOR, SHANTI NAGAR,K.H.ROAD, BENGALURU -560002.

¶1075

CHEIF ENGINEER, KRDCL, NO. 16 J MILLER TANK BED AREA, TIMMAYYA ROAD CROSS, BENGALURU -560 002.

¶1076

MANAGING DIRECTOR HUBBALLI -DHARWAD BRTS CO. LTD., 1ST FLOOR, KSFC BUILDING, RAYAPUR, P.B.ROAD, DHARWAD-580009.

¶1077

SPL. LAND ACQUISITION OFFICER AND THE ASSITANT COMMISSIONER, KRDCL, HDBRTSC OFFICE, 1ST FLOOR, KSFC BUILDING, RAYAPUR, P.B.ROAD, DHARWAD -09.

¶1078

84 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1079

EXECUTIVE ENGINEER KRDCL, NO. 16, 3RD MAIN ROAD, DOLLORS COLONY, NEAR VASTALLAYYA HOSPITAL, GOKUL ROAD, HUBLI.

¶1080

…RESPONDENTS

¶1081

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R2 AND R3; SRI. K.L.PATIL AND SRI.S.S.BETURMATH, ADV. FOR R1;) SRI.C.V.ANGADI, ADV. FOR R4 TO R6 AND R7)

¶1082

¶1083

IN WA NO.100509 OF 2022:

¶1084

BETWEEN:

¶1085

STATE OF KARNATAKA REPRSENTED BY SECRETARY URBAN DEVELOPMENT DEPARTMENT, 504- 5^TH FLOOR, 4^TH GATE, M.S.BUILDING, AMBEDKAR VEEDHI, BENGALURU – 560001.

¶1086

…APPELLANT

¶1087

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV.)

¶1088

AND:

¶1089

CHAMANSAB S/O. ALLABHAKSHA PATHAN AGED 57 YEARS, OCC. NOT KNOWN, R/O. P.B ROAD, DHARWAD – 560001.

¶1090

ADAMKHAN S/O. ALLABHAKSHA PATHAN AGED 51 YEARS, OCC. NOT KNOWN, R/O. P.B.ROAD, DHARWAD-580001.

¶1091

THE COMMISSIONER DIRECTOR OF URBAN LAND TRANSPORT, URBAN LAND DEPARTMENT, BMTC TIMC B BLOCK, 4TH FLOOR, SHANTI NAGAR, K. H. ROAD, BENGALURU- 560002.

¶1092

85 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1093

THE COMMISSIONER THUBBALLI - DHARWAD MUNICIPAL CORPORATION, HUBBALLI – 580008, DIST. DHARWAD.

¶1094

THE CHIEF ENGINEER KRDCL LIMITED, NO.16, 2^ND FLOOR, SAMPARKA SOUDHA, OPP ORION MALL, DR RAJKUMAR RD, RAJAJJI NAGAR, BENGALURU, KARNATAKA- 560010.

¶1095

THE MANAGING DIRECTOR HUBBALLI-DHARWAD BRTS COMPANY LTD, 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO. VIDYANAGAR HOSUR, HUBBALLI-580021, TALUK. HUBBALLI, DIST. DHARWAD.

¶1096

THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD, 2ND FLOOR , B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO. VIDYANAGAR, HOSUR, HUBBALLI – 580021, TALUK. HUBBALLI, DIST. DHARWAD.

¶1097

THE EXECUTIVE ENGINEER KRDCL, NO. 16, 3RD MAIN ROAD, DOLLARS COLONY, NEAR VATSALAY HOSPITAL, GOKUL ROAD, HUBBALLI – 580030.

¶1098

…RESPONDENTS

¶1099

(BY SRI. V.M.SHEELVANT, ADV. FOR R4; SRI.K.L.PATIL AND SRI. S.S.BETURMATH, ADV. FOR R2; SRI. C.V.ANGADI, ADV. FOR R5 TO R8)

¶1100

¶1101

BETWEEN:

¶1102

THE SPECIAL LAND ACQUISTION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING,

¶1103

- 86 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1104

NEW COURT ROAD, PO: VIDYANAGAR HOSUR, HUBBALLI -580021, TALUK. HUBBALLI, DIST. DHARWAD. OLD ADDRESS: SPECIAL LAND ACQUISITION OFFICER AND THE ASSISTANT COMMISSIONER, KRDCL, HDBRTSC OFFICE, 1^ST FLOOR, KSFC BUILDING, RAYAPUR, P.B.ROAD, DHARWAD-580009.

¶1105

THE MANAGING DIRECTOR HUBBALLI-DHARWAD BRTS COMPANY LTD., 2ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO VIDYANAGAR HOSRU HUBBALLI 580021, TALUK HUBBALLI DIST. DHARWAD. OLD ADDRESS: MANAGING DIRECTOR HUBBALLI-DHARWAD BRTS CO. LTD., 1^ST FLOOR, KSFC BUILDING, RAYAPUR, P.B.ROAD, DHARWAD-580009.

¶1106

…APPELLANTS

¶1107

(BY SRI. C.V.ANGADI, ADVOCATE)

¶1108

AND:

¶1109

GIRISH S/O. SHANKARAO CHINCHORE SINCE DECEASED BY LRs.,

¶1110

1(A). SMT. SUJATA W/O. GIRISH CHINCHORE AGE: 52 YEARS, OCC: HOUSEWIFE, R/O. MARATHA COLONY, DHARWAD.

¶1111

1(B). CHINMAYA W/O. GIRISH CHINCHORE AGE: 28 YEARS, OCC: PVT. SERVICE, R/O. MARATHA COLONY, DHARWAD.

¶1112

THE STATE OF KARNATAKA REPRESENTED BY SECRETARY URBAN DEVELOPMENT DEPARTMENT 504-5TH FLOOR, 4TH GATE, M.S.BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001.

¶1113

87 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1114

THE COMMISSIONER DIRECTOR OF URBAN LAND TRANSPORT, URBAN DEVELOPMENT DEPARTMENT, BMTC TIMC B BLOCK, 4TH FLOOR, SHANTI NAGAR, K.H.ROAD, BENGALURU-560002.

¶1115

THE COMMISSIONER HUBBALLI-DHARWAD MUNICIPAL CORPORATION, HUBBALLI, DIST. DHARWAD.

¶1116

THE CHIEF ENGINEER KRDCL LIMITED, NO.16, 2ND FLOOR, SAMPARKA SOUDHA, OPP. ORION MALL, DR. RAJKUMAR RD, RAJAJINAGAR, BENGALURU, KARNATAKA-560010. OLD ADDRESS: CHIEF ENGINEER KRDCL, NO.16, J MILLER TANK BED AREA, TIMMAYYA ROAD CROSS, BANGALORE-560002.

¶1117

THE EXECUTIVE ENGINEER KRDCL NO.16, 3RD MAIN ROAD, DOLLARS COLONY, NEAR VATSALAYA HOSPITAL, GOKUL ROAD, HUBBALLI-580030, DIST. DHARWAD.

¶1118

…RESPONDENTS

¶1119

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W

¶1120

SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R1, R2 AND R3; SRI.V.M.SHELLVANT, ADV. FOR R4; SRI.K.L.PATIL AND SRI.S.S.BETURMATH, ADV. FOR R1(A) TO R1(B); R5 AND R6-DISPENSED WITH)

¶1121

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 22-12-2021 PASSED IN W.P.NO.103485/2016(LA-RES); DISMISS W.P.NO. 103485/2016(LA-RES).

¶1122

88 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1123

IN WA NO.100065 OF 2023:

¶1124

BETWEEN:

¶1125

HUBBALLI-DHARWAD URBAN DEVELOPMENT AUTHORITY REP. BY ITS COMMISSIONER, NAVANAGAR, TQ. HUBBALLI, DIST. DHARWAD-580001.

¶1126

…APPELLANT

¶1127

(BY SRI. B. SHARANABASAWA, ADVOCATE)

¶1128

AND:

¶1129

THE STATE OF KARNATAKA REP. BY SECRETARY, URBAN DEVELOPMENT DEPARTMENT, NO.504, 5TH FLOOR, 4TH GATE, M.S.BUILDING, AMBEDKAR VEEDHI, BENGALURU -560001.

¶1130

THE COMMISSIONER DIRECTOR OF URBAN LAND TRANSPORT URBAN DEVELOPMENT DEPARTMENT, BMTC, TIMC B BLOCK, 4TH FLOOR, SHANTI NAGAR, K.H.ROAD, BENGALURU- 560002.

¶1131

THE COMMISSIONER HUBBALLI DHARWAD MUNCIPAL CORPORATION, HUBBALLI, DIST. DHARWAD-580001.

¶1132

CHIEF ENGINEER KRDCL, NO.16, J MILLER TANK BED AREA, TIMMAYYA ROAD CROSS, BENGALURU -560002.

¶1133

THE MANAGING DIRECTOR HUBBALLI-DHARWAD BRTS COMPANY LTD., 1ST FLOOR, KSFC BUILDING, RAYAPUR, P.B.ROAD, DHARWAD- 580009.

¶1134

SPL. LAND ACQUISITION OFFICER AND THE ASSISTANT COMMISSIONER, KRDCL, HDBRTSC OFFICE, 1ST FLOOR, KSFC BUILDING, RAYAPUR, P.B.ROAD, DHARWAD-580009.

¶1135

- 89 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1136

EXECUTIVE ENGINEER KRDCL, NO. 16, 3RD MAIN ROAD, DOLLORS COLONY, NEAR VASTALLY HOSPITAL, GOKUL ROAD, HUBBALLI-580008.

¶1137

CHAMANSAB S/O. ALLABHAKSHA PATHAN AGED ABOUT 57 YEARS, R/O P.B.ROAD, DHARWAD-580001.

¶1138

ADAMKHAN S/O ALLABHAKSHA PATHAN AGED ABOUT 51 YEARS, R/O P.B.ROAD, DHARWAD-580001.

¶1139

…RESPONDENTS (BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R1 AND R2; SRI.V.M.SHELLVANT, ADV. FOR R3; SRI. C.V.ANGADI, ADV. FOR R4 TO R6 AND R7; SRI.K.L.PATIL AND SRI.S.S.BETURMATH, ADV. FOR R8 & R9) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, PLEASED TO ALLOW THIS APPEAL AND SET-ASIDE THE JUDGMENT AND ORDER DTD.22.12.2021, PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.103483-103484/2016, BY DISMISSING THE WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.

¶1140

IN WA NO.100297 OF 2023:

¶1141

BETWEEN:

¶1142

THE SPECIAL LAND ACQUISTION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO: VIDYANAGAR HOSUR, HUBBALLI -580021, TALUK. HUBBALLI, DIST. DHARWAD. OLD ADDRESS: SPECIAL LAND ACQUISITION OFFICER AND THE ASSISTANT COMMISSIONER, KRDCL, HDBRTSC OFFICE, 1^ST FLOOR, KSFC BUILDING, RAYAPUR, P.B.ROAD, DHARWAD-580009.

¶1143

THE MANAGING DIRECTOR HUBBALLI-DHARWAD BRTS COMPANY LTD., 2ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING,

¶1144

90 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1145

NEW COURT ROAD, PO VIDYANAGAR HOSRU HUBBALLI 580021, TALUK HUBBALLI DIST. DHARWAD. OLD ADDRESS: MANAGING DIRECTOR HUBBALLI-DHARWAD BRTS CO. LTD., 1^ST FLOOR, KSFC BUILDING, RAYAPUR, P.B.ROAD, DHARWAD-580009.

¶1146

…APPELLANTS

¶1147

(BY SRI. C.V.ANGADI, ADVOCATE)

¶1148

AND:

¶1149

CHAMANSAB S/O. ALLABHAKSHA PATHAN AGED 56 YEARS, OCC. NOT KNOWN, R/O. P.B. ROAD, DHARWAD -580001.

¶1150

ADAMKHAN S/O. ALLABHAKSHA PATHAN AGED 50 YEARS, OCC. NOT KNOWN, R/O. P.B.ROAD, DHARWAD -580001.

¶1151

THE STATE OF KARNATAKA REPRESENTED BY SECRETARY, URBAN DEVELOPMENT DEPARTMENT, 504, 5TH FLOOR, 4TH GATE, M.S.BUILDING, AMBEDKAR VEEDHI, BENGALURU -560001.

¶1152

THE COMMISSIONER DIRECTOR OF URBAN LAND TRANSPORT URBAN LAND DEPARTMENT, BMTC TIMC B BLCOK, 4TH FLOOR, SHANTI NAGAR, K.H.ROAD, BENGALURU -560002.

¶1153

THE COMMISSIONER HUBBALLI DHARWAD MUNICIPAL CORPORATION, HUBBALLI, DIST. DHARWAD.

¶1154

THE CHIEF ENGINEER KRDCL LIMITED, NO.16, 2ND FLOOR, SAMPARKA SOUDHA, OPP ORION MALL, DR. RAJKUMAR RD, RAJAJINAGAR, BENGALURU, KARNATAKA -560010. OLD ADDRESS: CHIEF ENGINEER

¶1155

- 91 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1156

KRDCL, NO.16, J MILLER TANK BED AREA, TIMMAYYA ROAD CROSS, BANGALORE-560002.

¶1157

THE EXECUTIVE ENGINEER KRDCL NO.16, 3RD MAIN ROAD, DOLLARS COLONY, NEAR VATSALAYA HOSPITAL, GOKUL ROAD, HUBBALLI -580030.

¶1158

…RESPONDENTS

¶1159

(BY SMT. POOJA SAVADATTI, ADV. FOR R1; SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R3 AND R4; SRI.V.M.SHELLVANT, ADV. FOR R5; SRI.K.L.PATIL AND SRI.S.S.BETURMATH, ADV. FOR R2; R6 AND R7-DISPENSED WITH)

¶1160

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, (A) ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 22-12-2021 PASSED IN W.P.NO.103483-103484/2016 (LA-RES)(B) DISMISS W.P.NO.103483103484/2016 (LA-RES).

¶1161

IN WA NO.100302 OF 2023:

¶1162

BETWEEN:

¶1163

THE SPECIAL LAND ACQUISTION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO: VIDYANAGAR HOSUR, HUBBALLI -580021, TALUK. HUBBALLI, DIST. DHARWAD. OLD ADDRESS: SPECIAL LAND ACQUISITION OFFICER AND THE ASSISTANT COMMISSIONER, KRDCL, HDBRTSC OFFICE, 1^ST FLOOR, KSFC BUILDING, RAYAPUR, P.B.ROAD, DHARWAD-580009.

¶1164

THE MANAGING DIRECTOR HUBBALLI-DHARWAD BRTS COMPANY LTD., 2ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD,

¶1165

- 92 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1166

PO VIDYANAGAR HOSRU HUBBALLI 580021, TALUK HUBBALLI DIST. DHARWAD. OLD ADDRESS: MANAGING DIRECTOR HUBBALLI-DHARWAD BRTS CO. LTD., 1^ST FLOOR, KSFC BUILDING, RAYAPUR, P.B.ROAD, DHARWAD-580009.

¶1167

…APPELLANTS

¶1168

(BY SRI. C.V.ANGADI, ADVOCATE)

¶1169

AND:

¶1170

FAZAL AHAMMAD S/O. RASULSAB SAVANUR AGE. 54 YEARS, OCC. NOT KNOWN, R/O. P.B.ROAD, DHARWAD-580001.

¶1171

NOOR AHAMMAD S/O. RASULSAB SAVANUR AGE. 43 YEARS, OCC. NOT KNOWN, R/O. P.B.ROAD, DHARWAD.

¶1172

GOUSEMODDIN S/O RASULSAB SAVANUR AGE. 69 YEARS, OCC. NOT KNOWN, R/O. P.B.ROAD, DHARWAD.

¶1173

STATE OF KARNATAKA REPRESENTED BY SECRETARY URBAN DEVELOPMENT DEPARTMENT 504-5TH FLOOR, 4TH GATE, M.S.BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001.

¶1174

THE COMMISSIONER DIRECTOR OF URBAN LAND TRANSPORT URBAN DEVELOPMENT DEPARTMENT BMTC TIMC B BLOCK, 4TH FLOOR, SHANTI NAGAR, K.H.ROAD, BENGALURU-560002.

¶1175

THE COMMISSIONER HUBBALLI-DHARWAD MUNICIPAL CORPORATION HUBBALLI, DIST. DHARWAD.

¶1176

THE CHIEF ENGINEER KRDCL NO.16, 2ND FLOOR, SAMPARKA SOUDHA OPP ORION MALL, DR RAJKUMAR RD, RAJAJINAGAR, BENGALURU, KARNATAKA-560010.

¶1177

93 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1178

THE EXECUTIVE ENGINEER KRDCL NO.13, 3RD MAIN ROAD, DOLLARS COLONY, NEAR VATSALAYA HOSPITAL GOKUL ROAD, HUBBALLI-580030, DIST. DHARWAD.

¶1179

…RESPONDENTS

¶1180

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R4 AND R5; SRI. G.I.GACHCHINAMATH, ADV. FOR R6; SRI.K.L.PATIL AND SRI.S.S.BETURMATH, ADV. FOR R1 TO R3; R7 AND R8-DISPENSED WITH)

¶1181

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 22-12-2021 PASSED IN W.P.NO.103486-103488/2016 (LA-RES); DISMISS W.P.NO.103486103488/2016 (LA-RES).

¶1182

IN WA NO.100020 OF 2023:

¶1183

BETWEEN:

¶1184

THE COMMISSIONER HUBBALLI-DHARWAD MUNCIPAL CORPORATION, HUBBALLI, DIST. DHARWAD.

¶1185

…APPELLANT

¶1186

(BY SRI. V.M. SHEELVANT, ADVOCATE)

¶1187

AND:

¶1188

FAZAL AHAMMAD S/O. RASULSAB SAVANUR AGED. 55 YEARS, R/O P.B.ROAD, DHARWAD.

¶1189

NOOR AHAMAD S/O. RASULSAB SAVANUR AGED 44 YEARS, R/O P.B.ROAD, DHARWAD.

¶1190

GOUSEMODDIN S/O JAFARSAB SAVANUR AGED 70 YEARS, R/O P.B.ROAD DHARWAD.

¶1191

THE STATE OF KARNATAKA REPRESENTED BY SECRETARY URBAN DEVELOPMENT DEPARTMENT NO. 504, 5TH FLOOR, 4TH GATE M.S. BUILDING, AMBEDKAR VEEDHI BENGALURU 560001.

¶1192

- 94 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1193

THE COMMISSIONER DIRECTOR OF URBAN LAND TRANSPORT URBAN DEVELOPMENT DEPARTMENT BMTD, TIMC B BLOCK, 4TH FLOOR SHANTI NAGAR, K.H.ROAD, BENGALURU 560002.

¶1194

CHEIF ENGINEER KRDCL NO. 16, J MILLER TANK BED AREA, TIMMAYYA ROAD CROSS, BENGALURU-560002.

¶1195

MANAGING DIRECTOR HUBBALLI DHARWAD BRTS CO. LTD., 1ST FLOOR, KSFC BUILDING, RAYAPUR, P.B.ROAD, DHARWAD 580009.

¶1196

SPL. LAND ACQUISITION OFFICER AND THE ASSISTANT COMMISSIONER KRDCL, HDBRTSC OFFICE 1ST FLOOR, KSFC BUILDING RAYAPUR, P.B.ROAD, DHARWAD- 09.

¶1197

EXECUTIVE ENGINEER KRDCL, NO. 16, 3RD MAIN ROAD, DOLLORS COLONY, NEAR VASTALLAYYA HOSPITAL, GOKUL ROAD, HUBLI.

¶1198

…RESPONDENTS

¶1199

(BY SRI. C.V.ANGADI, ADV. FOR R6 TO R9; SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R4 AND R5; SRI.K.L.PATIL AND SRI.S.S.BETURMATH, ADV. FOR R1 & R2; R3- SERVED)

¶1200

¶1201

IN WA NO.100058 OF 2023:

¶1202

BETWEEN:

¶1203

THE STATE OF KARNATAKA REPRESENTED BY SECRETARY URBAN DEVELOPMENT DEPARTMENT NO. 504, 5TH FLOOR, 4TH GATE M.S. BUILDING, AMBEDKAR VEEDHI BENGALURU 560001.

¶1204

…APPELLANT

¶1205

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV.)

¶1206

95 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1207

AND:

¶1208

FAZAL AHAMMAD S/O. RASULSAB SAVANUR AGED. 55 YEARS, R/O P.B.ROAD, DHARWAD.

¶1209

NOOR AHAMAD S/O. RASULSAB SAVANUR AGED 44 YEARS, R/O P.B.ROAD, DHARWAD.

¶1210

GOUSEMODDIN S/O JAFARSAB SAVANUR AGED 70 YEARS, R/O P.B.ROAD DHARWAD.

¶1211

THE COMMISSIONER DIRECTOR OF URBAN LAND TRANSPORT URBAN DEVELOPMENT DEPARTMENT BMTD, TIMC B BLOCK, 4TH FLOOR SHANTI NAGAR, K.H.ROAD, BENGALURU 560002.

¶1212

THE COMMISSIONER HUBBALLI-DHARWAD MUNICIPAL CORPORATION, HUBBALLI, DIST: DHARWAD.

¶1213

THE CHIEF ENGINEER KRDCL NO.16, 2ND FLOOR, SAMPARKA SOUDHA OPP ORION MALL, DR RAJKUMAR RD, RAJAJINAGAR, BENGALURU, KARNATAKA-560010.

¶1214

THE MANAGING DIRECTOR HUBBALLI-DHARWAD BRTS COMPANY LTD., 2ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO VIDYANAGAR HOSRU HUBBALLI 580021, TALUK HUBBALLI DIST. DHARWAD.

¶1215

THE SPECIAL LAND ACQUISTION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO: VIDYANAGAR HOSUR, HUBBALLI -580021, TALUK. HUBBALLI, DIST. DHARWAD.

¶1216

- 96 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1217

EXECUTIVE ENGINEER KRDCL, NO. 16, 3RD MAIN ROAD, DOLLORS COLONY, NEAR VASTALLAYYA HOSPITAL, GOKUL ROAD, HUBBALLI-580030.

¶1218

…RESPONDENTS

¶1219

(BY SRI. V.M.SHEELVANT, ADV. FOR R5;

¶1220

SRI.C.V.ANGADI, ADV. FOR R6 TO R9; SRI.K.L.PATIL AND SRI.S.S.BETURMATH, ADV. FOR R1 & R2; R3 AND R4-SERVED)

¶1221

¶1222

IN WA NO.100072 OF 2023:

¶1223

BETWEEN:

¶1224

HUBBALLI-DHARWAD URBAN DEVELOPMENT AUTHORITY REP. BY ITS COMMISSIONER, NAVANAGAR, TQ. HUBBALLI, DIST. DHARWAD-580001.

¶1225

…APPELLANT

¶1226

(BY SRI. B. SHARANABASAWA, ADVOCATE)

¶1227

AND:

¶1228

THE STATE OF KARNATAKA REPRESENTED BY SECRETARY URBAN DEVELOPMENT DEPARTMENT 504, 4TH FLOOR, 4TH GARE, M.S.BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001.

¶1229

THE COMMISSIONER DIRECTOR OF URBAN LAND TRANSPORT URBAN DEVELOPMENT DEPARTMENT, BMTC, TIMC B BLOCK, 4THFLOOR, SHANTI NAGAR, K.H.ROAD, BENGALURU-560 002.

¶1230

THE COMMISSIONER HUBBALLI-DHARWAD MUNICIPAL CORPORATION, HUBBALLI, DIST. DHARWAD-580021.

¶1231

CHIEF ENGINEER KRDCL NO.16, J MILLER TANK BED AREA,

¶1232

- 97 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1233

TIMMAYYA ROAD CROSS, BANGALORE-560002.

¶1234

MANAGING DIRECTOR HUBBALLI-DHARWAD BRTS CO.LTD., 1^ST FLOOR, KSFC BUILDING, RAYAPUR,P.B.ROAD, DHARWAD-580009.

¶1235

SPL. LAND ACQUISITION OFFICER AND THE ASSISTANT COMMISSIONER, KRDCL, HRBRTSC OFFICE, 1ST FLOOR, KSFC BUILDING, RAYAPUR, P.B.ROAD, DHARWAD-580009.

¶1236

EXECUTIVE ENGINEER KRDCL, NO.16, 3RD MAIN ROAD, DOLLARS COLON, NEAR VASTALLYA HOSPITAL, GOKUL ROAD, HUBBALLI, DIST. DHARWAD.

¶1237

FAZAL AHAMMAD S/O RASULSAB SAVANUR AGE. 55 YEARS, OCC. BUSINESS, R/O. P.B.ROAD, DHARWAD.

¶1238

NOOR AHAMMAD S/O. RASULSAB SAVANUR AGE. 44 YEARS, OCC. BUSINESS, R/O.P.B.ROAD, DHARWAD.

¶1239

GOUSEMODDIN S/O.JAFARSAB SAVANUR AGE. 70 YEARS, OCC. BUSINESS, R/O.P.B.ROAD, DHARWAD.

¶1240

…RESPONDENTS

¶1241

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R1 AND R2; SRI.V.M. SHEELVANT, ADV. FOR R3; SRI.C.V.ANGADI, ADV. FOR R4 TO R7; SRI.K.L.PATIL AND SRI.S.S.BETURMATH, ADV. FOR R8 & R9)

¶1242

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, PLEASED TO ALLOW THIS APPEAL AND SET-ASIDE THE JUDGMENT AND ORDER DTD.22.12.2021, PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.103486-103488/2016, BY DISMISSING THE WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.

¶1243

98 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1244

IN WA NO.100209 OF 2023:

¶1245

BETWEEN:

¶1246

THE COMMISSIONER HUBBALLI DHARWAD MUNICIPAL CORPORATION, HUBBALLI, DIST. DHARWAD.

¶1247

…APPELLANT

¶1248

(BY SRI. V.M.SHEELVANT, ADVOCATE)

¶1249

AND:

¶1250

FAZAL AHAMMAD S/O. RASULSAB SAVANUR AGE. 55 YEARS, R/O. P B ROAD, DHARWAD.

¶1251

NOOR AHAMMAD S/O RASULSAB SAVANUR AGE. 44 YEARS, R/O. P B ROAD, DHARWAD.

¶1252

GOUSEMODDIN S/O JAFARSAB SAVANUR AGED 70 YEARS, R/O. P B ROAD, DHARWAD.

¶1253

THE STATE OF KARNATAKA REPRESENTED BY SECRETARY, URBAN DEVELOPMENT, NO. 504, 5TH FLOOR, 4TH GATE, M S BUILDING, AMBEDKAR VEEDHI, BENGALURU 560001.

¶1254

THE COMMISSIONER DIRECTOR OF URBAN LAND TRANSPORT URBAN DEVELOPMENT DEPARTMENT BMTC, TIMC B BLOCK, 4TH FLOOR, SHANTI NAGAR, K H ROAD, BENGALURU 560002.

¶1255

CHIEF ENGINEER KRDCL NO.16, J MILLER TANK BED AREA, TMMYYA ROAD CROSS, BENGALURU 560002.

¶1256

MANAGING DIRECTOR HUBBALLI DHARWAD BRTS CO. LTD., 1ST FLOOR, KSFV BUILDING, RAYAPUR, P R BOAD, DHARWAD-580009.

¶1257

SPL. LAND ACQUSITIION OFFICER AND THE ASSISTANT COMMISSIONER, KRDCL, HDBRTSC OFFICE, 1ST FLOOR, KSFC BUILDING RAYAPUR,

¶1258

- 99 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1259

P B ROAD, DHARWAD- 09.

¶1260

EXECUTIVE ENGINEER KRDCL, NO. 16, 3RD MAIN ROAD, DOLLARS COLONY, NEAR VASTALLYA HOSPITAL, GOKUL ROAD, HUBLI.

¶1261

…RESPONDENTS

¶1262

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R4 AND R5; SRI.C.V.ANGADI, ADV. FOR R6 TO R9; SRI.K.L.PATIL AND SRI.S.S.BETURMATH, ADV. FOR R1 TO R3)

¶1263

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, SET ASIDE THE ORDER DATED 22/12/2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.103486-103488 (LA-RES), IN THE INTEREST OF JUSTICE AND EQUITY.

¶1264

IN WA NO.100342 OF 2022:

¶1265

BETWEEN:

¶1266

THE SPECIAL LAND ACQUISTION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO: VIDYANAGAR HOSUR, HUBBALLI -580021, TALUK. HUBBALLI, DIST. DHARWAD. OLD ADDRESS: THE ASSISTANT COMMISSIONER AND SPECIAL LAND ACQUISITION OFFICER, KRDCL, RAYAPUR, DHARWAD, TAL AND DIST: DHARWAD.

¶1267

THE MANAGING DIRECTOR HUBBALLI-DHARWAD BRTS COMPANY LTD., 2ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO VIDYANAGAR HOSRU HUBBALLI 580021, TALUK HUBBALLI DIST. DHARWAD. OLD ADDRESS: HUBBALLI-DHARWAD BRTS CO. LTD., REP. BY ITS MANAGING DIRECTOR, DHARWAD, TAL AND DIST: DHARWAD-580009.

¶1268

…APPELLANTS

¶1269

(BY SRI. C.V.ANGADI, ADVOCATE)

¶1270

100 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1271

AND:

¶1272

PREMABAI W/O. MOHAN GAONKAR AGED 75 YEARS, OCC. HOUSEWIFE, R/O LAKMANAHALLI DHARWAD, DIST. DHARWAD -580001.

¶1273

MANJUNATH S/O. MOHAN GAONKAR AGED 55 YEARS, OCC. BUSINESS R/O LAKMANAHALLI DHARWAD DIST. DHARWAD 580001.

¶1274

STATE OF KARNATAKA REPRESENTED BY SECRETARY TO URBAN DEVELOPMENT DEPARTMENT, 504- 5^TH FLOOR, 4^TH GATE, M.S. BUILDING, BENGALURU -560001.

¶1275

THE DEPUTY DIRECTOR OF TOWN PLANNING HUBBALLI-DHARWAD MAHANAGAR PALIKE, DHARWAD, TAL. AND DIST. DHARWAD-580001. OLD ADDRESS: THE COMMISSIONER HUBLI-DHARWAD MUNICIPAL CORPORATION, DHARWAD, TAL AND DIST: DHARWAD-580001.

¶1276

HUBBALLI URBAN DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER, NAVANAGAR, TAL. HUBBALLI, DIST. DHARWAD-580001.

¶1277

THE TAHSILDAR DHARWAD, TAL AND DIST. DHARWAD-580001.

¶1278

…RESPONDENTS

¶1279

(BY SMT.JOSHNA P.DHANAVE, ADV. FOR R1 AND R2; SRI. V.M.SHEELVANT, ADV. FOR R4; SRI. B.SHARANABASAWA, ADV. FOR R5; SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R3 AND R6)

¶1280

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 22-12-2021 PASSED IN W.P.NO.103549/2016(LA-RES); DISMISS W.P.NO. 103548/2016(LA-RES).

¶1281

101 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1282

IN WA NO.100456 OF 2022:

¶1283

BETWEEN:

¶1284

HUBBALLI-DHARWAD URBAN DEVELOPMENT AUTHORITY REP. BY ITS COMMISIONER, NAVANAGAR, TQ. HUBBALLI, DIST. DHARWAD 580001.

¶1285

…APPELLANT

¶1286

(BY SRI. B. SHARANABASAWA, ADVOCATE)

¶1287

AND:

¶1288

THE STATE OF KARNATAKA REPRESENTED BY SECRETARY TO URBAN DEVELOPMENT DEPARTMENT, 504, 5TH FLOOR, 4TH GATE, M S BUILDING, BENGALURU -01.

¶1289

HUBBALLI -DHARWAD BRTS COMPANY LTD., REPRESENTED BY ITS MANAGING DIRCTOR, DHARWAD, TQ. AND DIST. DHARWAD -580001.

¶1290

THE ASSISTANT COMMISSIONER AND SPECIAL LAND ACQUISITION OFFICER, KRDCL RAYAPUR, DHARWAD, TQ. AND DIST. DHARWAD -580001.

¶1291

THE COMMISSIONER HUBBALLI –DHARWAD MUNICIPAL CORPORATION, TQ. AND DIST. DHARWAD -580001.

¶1292

THE TAHASILDAR DHARWAD, TQ. AND DIST. DHARWAD -580001.

¶1293

PREMABAI W/O. MOHAN GAONKAR AGED ABOUT 76 YEARS, OCC. HOUSEWIFE, R/O. LAKMANAHALLI, DHARWAD, DIST. DHARWAD -580001.

¶1294

MANJUNATH S/O. MOHAN GAONKAR AGED ABOUT 56 YEARS, OCC. BUSINESS, R/O. LAKMANAHALLI, DHARWAD, DIST. DHARWAD-580001.

¶1295

…RESPONDENTS

¶1296

(BY SRI. C.V.ANGADI, ADV. FOR R2 AND R3; SMT.JOSHNA P.DHANAVE, ADV. FOR R6 AND R7; SRI. V.M.SHEELVANT, ADV. FOR R4; SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R1 AND R5)

¶1297

102 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1298

¶1299

IN WA NO.100004 OF 2023:

¶1300

BETWEEN:

¶1301

THE STATE OF KARNATAKA REPRESENTED BY SECRETARY TO URBAN DEVELOPMENT DEPARTMENT, 504, 5TH FLOOR, 4TH GATE, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU -560001.

¶1302

THE TAHASILDAR DHARWAD, TQ. AND DIST. DHARWAD -580001.

¶1303

…APPELLANTS

¶1304

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV.)

¶1305

AND:

¶1306

PREMABAI W/O. MOHAN GAONKAR AGED ABOUT 75 YEARS, OCC. HOUSEWIFE, R/O. LAKMANAHALLI, DHARWAD, DIST. DHARWAD -580001.

¶1307

MANJUNATH S/O. MOHAN GAONKAR AGED ABOUT 55 YEARS, OCC. BUSINESS, R/O. LAKMANAHALLI, DHARWAD, DIST. DHARWAD-580001.

¶1308

THE MANAGING DIRECTOR HUBBALLI-DHARWAD BRTS COMPANY LTD., 2ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO. VIDYANAGAR HOSUR, HUBBALLI 580021, TALUK HUBBALLI DIST. DHARWAD.

¶1309

THE ASSISTANT COMMISSIONER AND THE SPECIAL LAND ACQUISTION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD.,

¶1310

- 103 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1311

2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO: VIDYANAGAR HOSUR, HUBBALLI -580021, TALUK. HUBBALLI, DIST. DHARWAD.

¶1312

THE COMMISSIONER HUBBALLI –DHARWAD MUNICIPAL CORPORATION, DHARWAD, TQ. AND DIST. DHARWAD -580001.

¶1313

HUBBALLI URBAN DEVELOPMENT AUTHORITY REP. BY ITS COMMISIONER, NAVANAGAR, TQ. HUBBALLI, DIST. DHARWAD-580001.

¶1314

…RESPONDENTS

¶1315

(BY SRI.C.V.ANGADI, ADV. FOR R3 AND R4; SMT. POOJA R.SAVADATTI, ADV. FOR R1 AND R2; SRI.V.M.SHEELVANT, ADV. FOR R5; SRI. B.SHARANABASAWA, ADV. FOR R6)

¶1316

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, CALL FOR THE RECORDS IN WP NO. 103548/2016 (LAC) DATED 22.12.2021 AND AFTER EXAMINING THE SAME; QUASH THE IMPUGNED ORDER DATED 22.12.2021 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO. 103548/2016 (LAC).

¶1317

IN WA NO.100095 OF 2023:

¶1318

BETWEEN:

¶1319

THE COMMISSIONER HUBLI-DHARWAD MUNICIPAL CORPORATION, MAHANAGAR PALIKE, TAL AND DIST. DHARWAD-580001.

¶1320

…APPELLANT

¶1321

(BY SRI. V.M.SHEELVANT, ADVOCATE)

¶1322

AND:

¶1323

PREMABAI W/O. MOHAN GAONKAR AGED. 72 YEARS, OCC. HOUSEWORK, R/O. LAKMAHALLI, DHARWAD, DIST. DHARWAD-580001.

¶1324

MANJUNATH S/O. MOHAN GAONKAR AGED. 52 YEARS, OCC. BUSINESS, R/O. LAKMAHALLI, DHARWAD, DIST. DHARWAD-580001.

¶1325

104 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1326

STATE OF KARNATAKA REPRESENTED BY SECRETARY TO URBAN DEVELOPMENT DEPARTMENT, 504, 5TH FLOOR, 4TH GATE, M.S.BUILDING, BENGALURU-01.

¶1327

HUBLI- DHARWAD BRTS COMPANY LTD., REPRESENTED BY ITS MANAGING DIRECTOR DHARWAD, TAL AND DIST DHARWAD-580001.

¶1328

THE ASSISTANT COMMISSIONER AND SPECIAL LAND ACQUISITION OFFICER, KRDCL, RAIPUR, DHARWAD, TAL AND DIST DHARWAD-580001.

¶1329

HUBLI URBAN DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER, NAVANAGAR, TAL. HUBBALLI, DIST. DHARWAD-580001.

¶1330

THE TAHASHILDAR DHARWAD, TAL AND DIST. DHARWAD.

¶1331

…RESPONDENTS

¶1332

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R3 AND R7; SRI. C.V.ANGADI, ADV. FOR R4 AND R5; SRI.B.SHARANABASAWA, ADV. FOR R6)

¶1333

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON’BLE COURT BE PLEASED TO ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 22/12/2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P. NO. 103548/2016(LAC).

¶1334

IN WA NO.100344 OF 2022:

¶1335

BETWEEN:

¶1336

THE SPECIAL LAND ACQUISTION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO: VIDYANAGAR HOSUR, HUBBALLI -580021, TALUK. HUBBALLI, DIST. DHARWAD. OLD ADDRESS: THE ASSISTANT COMMISSIONER AND AND ACQUISITION OFFICER, KARNATAKA ROAD DEVELOPMENT CORPORATION LTD.,

¶1337

105 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1338

HDBRTS OFFICE BUILDING, RAYAPUR, DHARWAD-09.

¶1339

THE MANAGING DIRECTOR HUBBALLI-DHARWAD BRTS COMPANY LTD., 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO VIDYANAGAR HOSRU HUBBALLI 580021, TALUK HUBBALLI DIST. DHARWAD. OLD ADDRESS: THE MANAGING DIRECTOR, HUBBALLI-DHARWAD BRTS CO. LTD., OFFICE OF BRTS, FIRST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD-09.

¶1340

…APPELLANTS

¶1341

(BY SRI. C.V.ANGADI, ADVOCATE)

¶1342

AND:

¶1343

SMT. ROHINI W/O. SURESH PATRAVALI AGED 64 YEARS, OCC. BUSINESS/AGRICULTURE, R/O. NARAYANPUR, DHARWAD -580008.

¶1344

THE STATE OF KARNATAKA REP. BY SECRETARY, URBAN DEVELOPMENT DEPARTMENT, NO.504, 5^TH FLOOR, 4^TH GATE, M.S.BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001.

¶1345

THE COMMISSIONER DIRECTORATE OF URBAN LAND TRANSPORT, URBAN DEVELOPMENT DEPARTMENT, BMTC TIMC, “B” BLOCK, 4^TH FLOOR, SHANTINAGAR, KH ROAD, BENGALURU 560027.

¶1346

THE CHIEF ENGINEER KRDCL LIMITED, NO.16, 2^ND FLOOR, SAMPARKA SOUDHA, OPP. ORION MALL, DR. RAJKUMAR ROAD, RAJAJINAGAR, BENGALURU, KARNATAKA-560010, OLD ADDRESS: CHIEF ENGINEER, KRDC LIMITED, NO.16, J MILLER TANK BED AREA, TIMMAYYA ROAD CROSS, BENGALURU-560002.

¶1347

- 106 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1348

THE EXECUTIVE ENGINEER KRDCL NO.13, 3^RD MAIN, DOLLARS COLONY, NEAR VATSALAYA HOSPITAL, GOKUL ROAD, HUBBALLI -580030.

¶1349

THE COMMISSIONER HUBBALLI- DHARWAD URBAN DEVELOPMENT AUTHORITY, NAVANAGAR-HUBBALLI-580025, TALUK. HUBBALLI, DIST. DHARWAD.

¶1350

THE COMMISSIONER HUBBALLI -DHARWAD MUNICIPAL CORPORATION, DHARWARD, TALUK. DHARAD, DIST. DHARWAD 580008.

¶1351

THE TAHASILDAR, DHARWAD TALUK, DHARWAD-580001, DIST. DHARWAD.

¶1352

…RESPONDENTS

¶1353

(BY SRI. K.L.PATIL AND SRI. S.S.BETURMATH, ADV. FOR R1; SRI.B.SHARANABASAWA, ADV. FOR R6; SRI.V.M.SHEELVANT, ADV. FOR R7; SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R2, R3 AND R8; R4 AND R5-DISPENSED WITH)

¶1354

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 22-12-2021 PASSED IN W.P.NO.103770/2015(LA-RES; DISMISS W.P.NO. 103770/2015(LA-RES).

¶1355

IN WA NO.100442 OF 2022:

¶1356

BETWEEN:

¶1357

THE COMMISSIONER HUBBALLI -DHARWAD URBAN DEVELOPMENT AUTHORITY, NAVANAGAR, TQ. HUBBALLI, DIST. DHARWAD-580001.

¶1358

…APPELLANT

¶1359

(BY SRI. B. SHARANABASAWA, ADVOCATE)

¶1360

AND:

¶1361

THE STATE OF KARNATAKA REP. BY SECRETARY, URBAN DEVELOPMENT DEPARTMENT, NO.504, 5TH FLOOR, 4TH GATE, M S BUILDING, AMBEDKAR VEEDHI, BANGALORE 560001.

¶1362

107 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1363

THE COMMISSIONER DIRECTORATE OF URBAN LAND TRANSPORT URBAN DEVELOPMENT, BMTC TIMC B BLOCK, 4TH FLOOR, SHANTINAGAR, K.H.ROAD, BENGALURU-560027.

¶1364

THE CHIEF ENGINEER KRDC LIMITED, NO.16, J MILLER TANK BED AREA, TIMMAYYA ROAD,

¶1365

CROSS, BENGALURU -560002.

¶1366

THE MANAGING DIRECTOR HUBBALLI DHARWAD BRTS COMPANY LTD., OFFICE BRTS, FIRST FLOOR,

¶1367

KSFC BUILDING, RAYAPUR, DHARWAD.

¶1368

THE ASSISTANT COMMISSIONER LAND ACQUISITION OFFICER, KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., HDBRTS OFFICE, FIRST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD.

¶1369

THE EXECUTIVE ENGINEER KRDCL NO.13, 3RD MAIN, DOLLORS COLONY, NEAR VATSALYA HOSPITAL, GOKUL ROAD, HUBBALLI- 580030.

¶1370

THE COMMISSIONER HUBBALLI DHARWAD MUNICIPAL CORPORATION, DHARWAD, DIST. DHARWAD.

¶1371

THE TAHASILDAR DHARWAD TALUK. DHARWAD, DIST. DHARWAD.

¶1372

SMT. ROHANI W/O. SURESH PATRAVALI AGED ABOUT 65 YEARS, OCC. BUSINESS/AGRICULTURE, R/O. NARAYANAPUR, DHARWAD.

¶1373

…RESPONDENTS

¶1374

(BY SRI.C.V.ANGADI, ADV. FOR R3 TO R6; SRI. K.L.PATIL AND SRI. S.S.BETURMATH, ADV. FOR R9; SRI.V.M.SHEELVANT, ADV. FOR R7; SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R1, R2 AND R8)

¶1375

108 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1376

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON’BLE COURT TO, WHEREFORE FOR THE REASONS AND GROUNDS STATED ABOVE THIS HON BLE COURT MAY KINDLY BE PLEASED TO ALLOW THIS APPEAL AND SET ASIDE THE JUDGEMENT AND ORDER DATED 22.12.2021 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO. 103770/2015 BY DISMISSING THE WRIT PETITION.

¶1377

IN WA NO.100562 OF 2022:

¶1378

BETWEEN:

¶1379

THE STATE OF KARNATAKA REP. BY SECRETARY, URBAN DEVELOPMENT DEPARTMENT, NO.504, 5TH FLOOR, 4TH GATE, M. S. BUILDING, AMBEDKAR VEEDHI, BENGALURU- 560001.

¶1380

THE TAHASILDAR DHARWAD.

¶1381

…APPELLANTS

¶1382

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. )

¶1383

AND:

¶1384

SMT. ROHANI W/O. SURESH PATRAVALI AGED ABOUT 64 YEARS, OCC. BUSINESS/AGRICULTURE, R/O. NARAYANAPUR, DHARWAD-580008.

¶1385

THE COMMISSIONER DIRECTORATE OF URBAN LAND TRANSPORT URBAN DEVELOPMENT DEPARTMENT, BMTC TIMC ‘B’ BLOCK, 4^TH FLOOR, SHANTINAGAR, K.H.ROAD, BENGALURU-560027.

¶1386

THE CHIEF ENGINEER KRDCL LIMITED, NO.16, 2^ND FLOOR, SAMPARKA SOUDHA, OPP. ORION MALL, DR. RAJKUMAR ROAD, RAJAJINAGAR, BENGALURU, KARNATAKA-560010,

¶1387

THE MANAGING DIRECTOR HUBBALLI DHARWAD BRTS COMPANY LTD.,

¶1388

- 109 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1389

2^ND FLOOR, B BLOCK, NWKRTC INTERCHANGE BUILDING, NEW COURT ROAD, PO: VIDYANAGAR, HOSUR, HUBBALLI-580021, TALUK HUBBALLI, DIST-DHARWAD.

¶1390

THE SPECIAL LAND ACQUISITION OFFICER KRDCL/HDBRTS,

¶1391

2^ND FLOOR, B BLOCK, NWKRTC INTERCHANGE BUILDING, NEW COURT ROAD, PO: VIDYANAGAR, HOSUR, HUBBALLI-580021, TALUK HUBBALLI,

¶1392

DIST-DHARWAD.

¶1393

THE EXECUTIVE ENGINEER KRDCL NO.13, 3RD MAIN, DOLLORS COLONY, NEAR VATSALYA HOSPITAL, GOKUL ROAD, HUBBALLI- 580030.

¶1394

THE COMMISSIONER HUBBALLI -DHARWAD URBAN DEVELOPMENT AUTHORITY, NAVANAGAR-HUBBALLI-580025, TQ. HUBBALLI, DIST. DHARWAD.

¶1395

THE COMMISSIONER HUBBALLI DHARWAD MUNICIPAL CORPORATION, DHARWAD, TALUK. DHARWAD, DIST. DHARWAD-580008.

¶1396

…RESPONDENTS

¶1397

(BY SRI. B.SHARANABASAWA, ADV. FOR R7; SRI.C.V.ANGADI, ADV. FOR R3 TO R6; SRI. K.L.PATIL AND SRI. S.S.BETURMATH, ADV. FOR R1; SRI.G.I.GACHCHINAMATH, ADV. FOR R8;

¶1398

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON’BLE COURT TO, ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 22-12-2021 PASSED IN W.P. NO. 103770/2015(LA-RES); TO DISMISS WP NO. 103770/2015 (LA-RES).

¶1399

IN WA NO.100080 OF 2023:

¶1400

BETWEEN:

¶1401

HUBBALLI -DHARWAD MUNICIPAL CORPORATION R/BY ITS THE COMMISSIONER HUBBALLI, DIST. DHARWAD.

¶1402

…APPELLANT

¶1403

(BY SRI. V.M.SHEELVAN, ADVOCATE)

¶1404

110 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1405

AND:

¶1406

ROHINI W/O. SURESH PATRAVALI AGE. 64 YEARS, OCC. BUSINESS/AGRICULTURE, R/O. NARAYANPUR, DHARWAD.

¶1407

THE STATE OF KARNATAKA REPRESENTED BY SECRETARY, URBAN DEVELOPMENT, NO.504, 5TH FLOOR, 4TH GATE, M S BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001.

¶1408

THE COMMISSIONER DIRECTOR OF URBAN LAND TRANSPORT URBAN DEVELOPMENT DEPARTMENT, BMTC, TIMC B BLOCK, 4TH FLOOR, SHANTI NAGAR, K H ROAD, BENGALURU-560002.

¶1409

CHIEF ENGINEER KRDCL NO. 16, J MILLER TANK BED AREA, TMMYYA ROAD CROSS, BENGALURU -560002.

¶1410

THE MANAGING DIRECTOR HUBBALLI DHARWAD BRTS CO. LTD. 1ST FLOOR, KSFC BUILDING, RAYAPUR, P.B.ROAD, DHARWAD-580009.

¶1411

THE ASSISTANT COMMISSIONER LAND ACQUSITION OFFICER, KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., HDBRTS OFFICE, 1ST FLOOR, KSFC BUILDING RAYAPUR, P B ROAD, DHARWAD-09.

¶1412

THE EXECUTIVE ENGINEER KRDCL, NO.13, 3^RD MAIN ROAD, DOLLARS COLONY, NEAR VATSALAYA HOSPITAL, GOKUL ROAD, HUBLI -580030.

¶1413

THE COMMISSIONER HUBBALLI -DHARWAD URBAN DEVELOPMENT AUTHORITY, NAVANAGAR, HUBBALLI, DIST. DHARWAD-580025.

¶1414

111 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1415

THE TAHASILDAR DHARWAD TALUK, DIST. DHARWAD-580001.

¶1416

…RESPONDENTS

¶1417

(BY SRI.C.V.ANGADI, ADV. FOR R4, R6 AND R7; SRI. K.L.PATIL AND SRI. S.S.BETURMATH, ADV. FOR R1; SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R2, R3 AND R9; SRI.B.SHARANABASAWA, ADV. FOR R5; SRI.G.I.GACHCHINAMATH, ADV. FOR R8)

¶1418

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON’BLE COURT TO, ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 22/12/2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P. NO. 103770/2015 (LA-RES).

¶1419

IN WA NO.100458 OF 2022:

¶1420

BETWEEN:

¶1421

HUBBALLI-DHARWAD URBAN DEVELOPMENT AUTHORITY, REP. BY ITS COMMISIONER, NAGANAGAR, DIST. DHARWAD-580001.

¶1422

…APPELLANT

¶1423

(BY SRI. B. SHARANABASAWA, ADVOCATE)

¶1424

AND:

¶1425

THE STATE OF KARNATAKA DEPARTMENT OF PUBLIC WORKS, PORTS AND INLAND WATER TRANSPORT DEPARTMENT, M.S.BUILDING, BENGALURU-01, BY ITS SECRETARY.

¶1426

THE SPECIAL LAND ACQUISITION OFFICER KRDCL, 1ST FLOOR, KSFC, BUILDING, P.B.ROAD, RAYAPUR, DHARWAD-580009.

¶1427

THE COMMISIONER HDMC, DHARWAD-580001.

¶1428

HUBBALLI DHARWAD KRDCL CO.LTD., REPRESENTED BY ITS MANAGING DIRECTOR, TQ. AND DIST. DHARWAD-580009.

¶1429

- 112 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1430

SHRI. SHIVARAM S/O. NAGAPPA PALANKAR AGED ABOUT 86 YEARS, OCC. BUSINESS, R/O. SHIVAPUR COLONY, SANMATI ROAD, DHARWAD-580001.

¶1431

SMT. SEETABAI W/O. SHIVARAM PALANKAR AGE. 81 YEARS, OCC. HOUSEHOLD, R/O. SHIVAPUR COLONY, SANMATI ROAD, DHARWAD-580001.

¶1432

SMT. RESHMI W/O. SUNIL @ SHRIPAD PALANKAR AGE. 30 YEARS, OCC. BUSINESS, R/O. SHIVAPUR COLONY, SANMATI ROAD, DHARWAD-580001.

¶1433

SRI. ANIL S/O. SHIVARAM PALANKAR AGE. 58 YEARS, OCC. BUSINESS, R/O. SHIVAPUR COLONY, SANMATI ROAD, DHARWAD-580001.

¶1434

USHA W/O. SHIVARAM PALANKAR AGE. 48 YEARS, OCC. BUSINESS, R/O. SHIVAPUR COLONY, SANMATI ROAD, DHARWAD-580001.

¶1435

…RESPONDENTS

¶1436

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R1; SRI.C.V.ANGADI, ADV. FOR R2 AND R4; SRI. V.M.SHEELVANT, ADV. FOR R3; R8 AND R9-SERVED)

¶1437

¶1438

IN WA NO.100377 OF 2022:

¶1439

BETWEEN:

¶1440

THE SPECIAL LAND ACQUISTION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO: VIDYANAGAR, HOSUR,

¶1441

113 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1442

HUBBALLI -580021, TALUK. HUBBALLI, DIST. DHARWAD. OLD ADDRESS: THE SPECIAL LAND ACQUISITION OFFICER, KRDCL, 1^ST FLOOR, KSFC BUILDING, P.B.ROAD, RAYAPUR, DHARWAD-580009.

¶1443

THE MANAGING DIRECTOR HUBBALLI-DHARWAD BRTS COMPANY LTD., 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO VIDYANAGAR HOSRU HUBBALLI 580021, TALUK HUBBALLI DIST. DHARWAD. OLD ADDRESS: HUBBALLI-DHARWAD BRTS CO. LTD., REPRESENTED BY ITS MANAGING DIRECTOR, TQ AND DIST: DHARWAD-580009.

¶1444

…APPELLANT

¶1445

(BY SRI. C.V.ANGADI, ADVOCATE)

¶1446

AND:

¶1447

SHRI. SHIVARAM S/O. NAGAPPA PALANKAR AGE 85 YEARS, OCC. BUSINESS, R/O. SHIVAPUR COLONY, SANMATI ROAD, DHARWAD-580001, TALUK AND DIST. DHARWAD.

¶1448

SMT. SEETABAI W/O. SHIVARAM PALANKAR AGE 80 YEARS, OCC. HOUSEHOLD, R/O. SHIVAPUR COLONY, SANMATI ROAD, DHARWAD-580001, TALUK AND DIST. DHARWAD.

¶1449

SMT. RESHMI W/O. SUNIL @ SHRIPAD PALANKAR, AGE 29 YEARS, OCC. BUSINESS, R/O. SHIVAPUR COLONY, SANMATI ROAD, DHARWAD-580001, TALUK AND DIST. DHARWAD.

¶1450

SHRI. ANIL S/O. SHIVARAM PALANKAR AGE 55 YEARS, OCC. BUSINESS, R/O. SHIVAPUR COLONY, SANMATI ROAD, DHARWAD-580001, TALUK AND DIST. DHARWAD.

¶1451

USHA D/O. SHIVARAM PALANKAR AGE 47 YEARS, OCC. BUSINESS, R/O. SHIVAPUR COLONY, SANMATI ROAD, DHARWAD-580001, TALUK AND DIST. DHARWAD.

¶1452

114 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1453

THE STATE OF KARNATAKA DEPARTMENT OF KARNATAKA PUBLIC WORKS, PORTS AND INLAND WATER TRANSPORT DEPARTMENT, M.S.BUILDING, BENGALURU-560001, REP. BY ITS SECRETARY.

¶1454

THE COMMISSIONER HDMC, DHARWAD-580008.

¶1455

THE COMMISSIONER H.D.U.D.A. NAVANAGAR, DHARWAD-580009.

¶1456

…RESPONDENTS

¶1457

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R6; SRI. V.M.SHEELVANT, ADV. FOR R7; SRI. B.SHARANABASAWA, ADV. FOR R8; R1 TO R5-SERVED)

¶1458

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON’BLE COURT TO, ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 22-12-2021 PASSED IN W.P.NO. 104784/2016 (LA-RES); TO DISMISS W.P. NO. 104784/2016 (LARES).

¶1459

IN WA NO.100560 OF 2022:

¶1460

BETWEEN:

¶1461

THE STATE OF KARNATAKA DEPARTMENT OF KARNATAKA PUBLIC WORKS, PORTS AND INLAND WATER TRANSPORT DEPARTMENT, M.S.BUILDING, BENGALURU-560001, REP. BY ITS SECRETARY.

¶1462

…APPELLANT

¶1463

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R6)

¶1464

AND:

¶1465

SHRI. SHIVARAM S/O. NAGAPPA PALANKAR AGE 80 YEARS, OCC. BUSINESS, R/O. SHIVAPUR COLONY, SANMATI ROAD, DHARWAD-580001.

¶1466

115 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1467

SMT. SEETABAI W/O. SHIVARAM PALANKAR AGE 75 YEARS, OCC. HOUSEHOLD, R/O. SHIVAPUR COLONY, SANMATI ROAD, DHARWAD-580001.

¶1468

SMT. RESHMI W/O. SUNIL @ SHRIPAD PALANKAR, AGE 29 YEARS, OCC. BUSINESS, R/O. SHIVAPUR COLONY, SANMATI ROAD, DHARWAD-580001.

¶1469

SHRI. ANIL S/O. SHIVARAM PALANKAR AGE 50 YEARS, OCC. BUSINESS, R/O. SHIVAPUR COLONY, SANMATI ROAD, DHARWAD-580001.

¶1470

USHA D/O. SHIVARAM PALANKAR AGE 42 YEARS, OCC. BUSINESS, R/O. SHIVAPUR COLONY, SANMATI ROAD, DHARWAD-580001.

¶1471

THE SPECIAL LAND ACQUISTION OFFICER KRDCL, 1^ST FLOOR, KSFC BUILDING, P.B.ROAD, RAYAPUR, DHARWAD-580009.

¶1472

THE COMMISSIONER HUBLI-DHARWAD MUNICIPAL CORPORATION, DHARWAD-58001.

¶1473

HUBBALLI-DHARWAD KRDCL CO.LTD, (HUBBALLI-DHARWAD BRTS CO.LTD.,), REPRESENTED BY ITS MANAGING DIRECTOR, DIST: DHARWAD-580001.

¶1474

THE COMMISSIONER H.D.U.D.A., NAVANAGAR, DHARWAD-580009.

¶1475

…RESPONDENTS

¶1476

(BY SRI. SHIVASAI M.PATIL, ADV. FOR R1 TO R5; SRI.C.V.ANGADI, ADV. FOR R6 AND R8; SRI. B.SHARANABASAWA, ADV. FOR R9; SRI. G.I.GACHCHINAMATH, ADV. FOR R7)

¶1477

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON’BLE COURT TO, CALL FOR THE RECORDS IN W.P. NO. 104784/2016 (LA-RES) DATED 22.12.2021, AND AFTER EXAMINING THE SAME; SETTING ASIDE THE IMPUGNED ORDER DATED 22.12.2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P. NO. 104784/2016 (LA-RES).

¶1478

116 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1479

IN WA NO.100055 OF 2023:

¶1480

BETWEEN:

¶1481

HUBBALLI-DHARWAD MUNICIPAL CORPORATION R/BY: THE COMMISSIONER, HUBBALLI, DIST. DHARWAD.

¶1482

…APPELLANT

¶1483

(BY SRI. V.M.SHEELVANT, ADVOCATE)

¶1484

AND:

¶1485

SHRI. SHIVARAM S/O. NAGAPPA PALANKAR AGE. 86 YEARS, OCC. BUSINESS, R/O. SHIVPUR COLONY, SANMATI ROAD, DHARWAD.

¶1486

SMT. SEETA BAI W/O. SHIVRAM PALANKR AGE. 79 YEARS, OCC. HOUSEHOLD, R/O. SHIVPUR COLONY, SANMATI ROAD, DHARWAD.

¶1487

SMT. RESHMI W/O. SUNIL @ SHRIPAD PALANAKAR AGE. 56 YEARS, OCC. BUSINESS, R/O. SHIVPUR COLONY, SANMATI ROAD, DHARWAD.

¶1488

SHRI. ANIL S/O. SHIVRAM PALANKAR AGE. 56 YEARS, OCC. BUSINESS, R/O. SHIVPUR COLONY, SANMATI ROAD, DHARWAD.

¶1489

USHA D/O. SHIVRAM PALANKAR AGE. 48 YEARS, OCC. BUSINESS, R/O. SHIVPUR COLONY, SANMATI ROAD, DHARWAD.

¶1490

THE STATE OF KARNATAKA DEPARTMENT OF KARNTAKA PUBLIC WORKS, PORT AND INLAND WATER TRANSPORT DEPARTMENT, M.S.BUILDING, BANGALORE-1, REP. BY ITS SECRETRY.

¶1491

SPL. LAND ACQUISITION OFFICER KRDC, 1ST FLOOR, KSFC BUILDING, P.B.ROAD, RAYAPUR, DHARWAD-580009.

¶1492

117 -

¶1493

NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1494

HUBBALLI DHARWAD KRDCL CO.LTD., REP. BY ITS MANAGIND DIRECTOR, TQ. AND DIST. DHARWAD-580009.

¶1495

THE COMMISSIONER HDUDA, NAVANAGAR, DHARWAD-580009.

¶1496

…RESPONDENTS

¶1497

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R6; SRI.C.V.ANGADI, ADV. FOR R7 AND R8; SRI.B.SHARANABASAWA, ADV. FOR R9)

¶1498

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, PLEASED TO ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 22/12/2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.104784/2016 (LA-RES), IN THE INTEREST OF JUSTICE AND EQUITY.

¶1499

IN WA NO.100374 OF 2022:

¶1500

BETWEEN:

¶1501

THE SPECIAL LAND ACQUISTION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO: VIDYANAGAR, HOSUR, HUBBALLI -580021, TALUK. HUBBALLI, DIST. DHARWAD.OLD ADDRESS: THE SPECIAL LAND ACQUISITION OFFICER, KRDCL, 1^ST FLOOR, KSFC BUILDING, P.B.ROAD, RAYAPUR, DHARWAD-580009.

¶1502

THE MANAGING DIRECTOR HUBBALLI-DHARWAD BRTS COMPANY LTD., 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO VIDYANAGAR HOSRU HUBBALLI -580021, TALUK. HUBBALLI, DIST. DHARWAD. OLD ADDRESS: HUBBALLI-DHARWAD KRDCL CO. LTD., REPRESENTED BY ITS MANAGING DIRECTOR, TQ AND DIST: DHARWAD-580009.

¶1503

…APPELLANTS

¶1504

(BY SRI. C.V.ANGADI, ADVOCATE)

¶1505

118 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1506

AND:

¶1507

SHRI. KHANJI S/O. KARSAN PATEL AGED 67 YEARS, OCC. BUSINESS, R/O. YALAKKI SHETTAR COLONY, DHARWAD-580004.

¶1508

SHRI. RAVAJI S/O. KARSAN PATEL AGED. 64 YEARS, OCC. BUSINESS, R/O. YALAKKI SHETTAR COLONY, DHARWAD-580004.

¶1509

SHRI. SONAJI S/O. KARSAN PATEL AGED. 61 YEARS, OCC. BUSINESS, R/O. YALAKKI SHETTAR COLONY, DHARWAD-580004.

¶1510

THE STATE OF KARNATAKA DEPARTMENT OF KARNATAKA PUBLIC WORKS, PORTS AND INLAND WATER TRANSPORT DEPARTMENT, M.S. BUILDING, BENGALURU-560001, REP BY ITS SECRETARY.

¶1511

THE COMMISSIONER HDMC, DHARWAD-580008.

¶1512

THE COMMISSIONER HDUDA, NAVANAGAR, DHARWAD-580009.

¶1513

…RESPONDENTS

¶1514

(BY SRI.SHIVASAI M.PATIL, ADV. FOR R1 TO R3; SRI.V.M.SHEELVANT, ADV. FOR R5; SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R4; SRI. B.SHARANABASAWA, ADV. FOR R6)

¶1515

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 22-12-2021 PASSED IN WP NO.104785/2016 (LA-RES); TO DISMISS W.P. NO.104785/2016 (LA-RES).

¶1516

IN WA NO.100476 OF 2022:

¶1517

BETWEEN:

¶1518

THE COMMISSIONER HDMC, DHARWAD-580001.

¶1519

…APPELLANT

¶1520

(BY SRI. V.M. SHEELVANT, ADVOCATE)

¶1521

119 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1522

AND:

¶1523

SHRI. KHANJI S/O. KARSAN PATEL AGED 68 YEARS, OCC. BUSINESS, R/O. YALAKKISHETTAR COLONY, DHARWAD-580001.

¶1524

SHRI. RAVAJI S/O. KARSAN PATEL AGED. 65 YEARS, OCC. BUSINESS, R/O. YALAKKISHETAR COLONY, DHARWAD-580001.

¶1525

SHRI. SOANJI S/O. KARSAN PATEL AGED. 62 YEARS, OCC. BUSINESS, R/O. YALAKKISHETTAR COLONY, DHARWAD-580001.

¶1526

THE STATE OF KARNATAKA DEPARTMENT OF KARNATAKA PUBLIC WORKS, PORTS AND INLAND WATER TRANSPORT DEPARTMENT, M.S. BUILDING, BENGALURU-560001, REPRESENTED BY ITS SECRETARY.

¶1527

THE SPECIAL LAND ACQUISITION OFFICER K.R.D.C.L., 1ST FLOOR, KSFC BUILDING, P.B. ROAD, RAYAPUR, DHARWAD-580009.

¶1528

HUBBALLI-DHARWAD KRDCL CO. LTD., R/BY ITS MANAGING DIRECTOR, TQ. AND DIST. DHARWAD-580009.

¶1529

THE COMMISSIONER, H.D.U.D.A., NAVANAGAR, DHARWAD-580009.

¶1530

…RESPONDENTS

¶1531

(BY SRI. C.V.ANGADI, ADV. FOR R7; SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R4; SRI. B.SHARANABASAWA, ADV. FOR R5 AND R6; R1 TO R3-SERVED)

¶1532

¶1533

120 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1534

IN WA NO.100501 OF 2022:

¶1535

BETWEEN:

¶1536

THE STATE OF KARNATAKA DEPARTMENT OF KARNATAKA PUBLIC WORKS, PORTS AND INLAND WATER TRANSPORT DEPARTMENT, M.S. BUILDING, BENGALURU-560001, REPRESENTED BY ITS SECRETARY.

¶1537

…APPELLANT

¶1538

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV.)

¶1539

AND:

¶1540

SHRI. KHANJI S/O. KARSAN PATEL AGED 68 YEARS, OCC. BUSINESS, R/O. YALAKKISHETTAR COLONY, DHARWAD-580004.

¶1541

SHRI. RAVAJI S/O. KARSAN PATEL AGED. 65 YEARS, OCC. BUSINESS, R/O. YALAKKISHETAR COLONY, DHARWAD-580004.

¶1542

SHRI. SOANJI S/O. KARSAN PATEL AGED. 62 YEARS, OCC. BUSINESS, R/O. YALAKKISHETTAR COLONY, DHARWAD-580004.

¶1543

THE SPECIAL LAND ACQUISITION OFFICER K.R.D.C.L., 1ST FLOOR, KSFC BUILDING, P.B. ROAD, RAYAPUR, DHARWAD-580009.

¶1544

THE COMMISSIONER, HUBBALLI-DHARWAD MUNICIPAL CORPORATION, DHARWAD-580009.

¶1545

THE HUBBALLI-DHARWAD KRDCL CO. LTD., R/BY ITS MANAGING DIRECTOR, TQ. AND DIST. DHARWAD-580009.

¶1546

THE COMMISSIONER, H.D.U.D.A., NAVANAGAR, DHARWAD-580009.

¶1547

- 121 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1548

…RESPONDENTS

¶1549

(BY SRI.V.M.SHEELVANT, ADV. FOR R5; SRI.C.V.ANGADI, ADV. FOR R4 AND R6; SRI.B.SHARANABASAWA, ADV. FOR R7; R1 TO R3-SERVED)

¶1550

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, CALL FOR THE RECORDS IN W.P.NO.104785/2016 (LA) AND 21.12.2021 AND AFTER EXAMINING THE SAME; QUASH THE IMPUGNED ORDER DATED 21.12.2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.104785/2016 (LA).

¶1551

IN WA NO.100049 OF 2023:

¶1552

BETWEEN:

¶1553

HUBBALLI-DHARWAD URBAN DEVELOPMENT AUTHORITY REP. BY ITS COMMISSIONER, NAVANAGAR, TQ. HUBBALLI, DIST. DHARWAD-580001.

¶1554

…APPELLANT

¶1555

(BY SRI. B. SHARANABASAWA, ADVOCATE)

¶1556

AND:

¶1557

THE STATE OF KARNATAKA DEPARTMENT OF KARNATAKA PUBLIC WORKS, PORTS AND INLAND WATER TRANSPORT DEPARTMENT, M.S. BUILDING, BANGALORE-1, BY ITS SECRETARY.

¶1558

THE SPECIAL LAND ACQUISITION OFFICER K.R.D.C.L., 1^ST FLOOR, KSFC BUILDING, P.B.ROAD, RAYAPUR, DHARWAD -580009.

¶1559

THE COMMISSIONER HDMC, DHARWAD.

¶1560

HUBBALLI -DHARWAD KRDCL COMPANY LIMITED, REP. BY ITS MANAGING DIRECTOR, TQ. AND DIST. DHARWAD-580009.

¶1561

SHRI. KHANJI S/O. KARSAN PATEIL AGED ABOUT 68 YEARS, OCC. BUSINESS, R/O: YALAKKI SHETTAR COLONY, DHARWAD-580009.

¶1562

SHRI. RAVAJI S/O. KARSAN PATEL

¶1563

- 122 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1564

AGED ABOUT 65 YEARS, OCC. BUSINESS, R/O. YALAKKI SHETTAR COLONY, DHARWAD-580009.

¶1565

SHRI. SOANJI S/O. KARSAN PATEL AGED ABOUT 62 YEARS, OCC. BUSINESS, R/O. YALAKKI SHETTAR COLONY, DHARWAD-580009.

¶1566

…RESPONDENTS

¶1567

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R1; SRI. V.M.SHEELVANT, ADV. FOR R3; SRI. C.V.ANGADI, ADV. FOR R2 AND R4; SRI. R5 TO R7-SERVED)

¶1568

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON’BLE COURT TO, PLEASED TO ALLOW THIS APPEAL AND SET-ASIDE THE JUDGMENT AND ORDER DATED 22.12.2021, PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.104785/2016, BY DISMISSING THE WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.

¶1569

IN WA NO.100368 OF 2022:

¶1570

BETWEEN:

¶1571

HUBBALLI -DHARWAD MUNICIPAL CORPORATION HUBBALLI, BY ITS COMMISSIONER, BY ITS AUTHORIZED OFFICER, SAVITA PATIL, LAW OFFICER.

¶1572

…APPELLANT

¶1573

(BY SRI. V.M.SHEELVANT, ADVOCATE)

¶1574

AND:

¶1575

SHARADABAI W/O. CHANDRAKANT JANAMANE AGED 9 YEARS, OCC. HOUSEHOLD WORK, R/O. KAMAL KUNJA BUILDING YALLAKISHETTAR COLONY P.B. ROAD, DHARWAD.

¶1576

THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, M.S.BUILDING BENGALURU -01, BY ITS PRINCIPAL SECRETARY.

¶1577

THE CHIEF ENGINEER KRDCL NO. 16, J MILLER TANK BED AREA,

¶1578

123 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1579

TMMAYYA ROAED CROSS,

¶1580

BENGALURU - 560002.

¶1581

HUBBALLI DHARWAD BRTS COMPANY LTD, OFFICE OF BRTS, 1ST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD, BY ITS MANAGING DIRECTOR.

¶1582

THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD, 1ST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD.

¶1583

THE COMMISSIONER HUBBALLI DHARWAD URBAN DEVELOPMENT AUTHORITY, HUBBALLI.

¶1584

…RESPONDENTS

¶1585

(BY SRI.M.B.HIREMATH, ADV. FOR R1; SRI.B.SHARANABASAWA, ADV. FOR R4 AND R6; SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R2; SRI. C.V.ANGADI, ADV. FOR R3 AND R5)

¶1586

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, THIS HON’BLE COURT MAY BE PLEASED TO ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 22/12/2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P. NO. 106157/2016 (LA-RES).

¶1587

IN WA NO.100373 OF 2022:

¶1588

BETWEEN:

¶1589

THE SPECIAL LAND ACQUISTION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO: VIDYANAGAR, HOSUR, HUBBALLI -580021, TALUK. HUBBALLI, DIST. DHARWAD. OLD ADDRESS: THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 1^ST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD-580009.

¶1590

- 124 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1591

THE MANAGING DIRECTOR HUBBALLI-DHARWAD BRTS COMPANY LTD., 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO: VIDYANAGAR HOSRU HUBBALLI -580021, TALUK. HUBBALLI, DIST. DHARWAD. OLD ADDRESS: HUBBALLI-DHARWAD BRTC CO. LTD., OFFICE OF BRTS, 1^ST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD-580009, BY ITS MANAGING DIRECTOR.

¶1592

…APPELLANTS

¶1593

(BY SRI. C.V.ANGADI, ADVOCATE)

¶1594

AND:

¶1595

SHARADABAI W/O. CHANDRAKANT JANAMANE AGE. 78 YEARS, OCC. HOUSEHOLD WORK, R/O. “KAMAL KUNJ” BUILDING, YALLAKISHETTAR COLONY, P.B. ROAD, TQ. DIST. DHARWAD-580004.

¶1596

THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, M.S.BUILDING, BENGALURU-01, BY ITS PRINCIPAL SECRETARY.

¶1597

THE CHIEF ENGINEER KRDCL LIMITED, NO.16, 2^ND FLOOR, SAMPARKA SOUDHA, OPP ORION MALL, DR RAJKUMAR ROAD, RAJAJINAGAR, BENGALURU, KARNATAKA-560010, OLD ADDRESS: THE CHIEF ENGINEER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., NO.16, J MILLER TANK BED AREA, TIMMAYYA ROAAD CROSS, BANGALORE-560002.

¶1598

THE COMMISSIONER HUBBALLI DHARWAD URBAN DEVELOPMENT AUTHORITY, HUBBALLI-580025.

¶1599

…RESPONDENTS

¶1600

(BY SRI. M.B.HIREMATH, ADV. FOR R1; SRI.SHARANABASAWA, ADV. FOR R4;

¶1601

125 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1602

SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R2)

¶1603

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 22-12-2021 PASSED IN WP NO.106157/2016 (LA-RES); TO DISMISS W.P. NO.106157/2016 (LA-RES).

¶1604

IN WA NO.100459 OF 2022:

¶1605

BETWEEN:

¶1606

THE COMMISSIONER HUBBALLI-DHARWAD URBAN DEVELOPMENT AUTHORITY, NAVANAGAR, TQ. HUBBALLI, DIST. DHARWAD-580001.

¶1607

…APPELLANT

¶1608

(BY SRI. B. SHARANABASAWA, ADVOCATE)

¶1609

AND:

¶1610

THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT M.S.BUILDING, BENGALURU-01, BY ITS PRINCIPAL SECRETARY.

¶1611

THE CHIEF ENGINEER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., NO.16, J-MILLER TANK BED AREA, TIMMAYYA ROAD CROSS, BENGALURU-560002.

¶1612

HUBBALLI DHARWAD BRTS COMPANY LTD., OFFICE OF BRTS, 1ST FLOOR, KSFC BUILDING, RAYAPURA DHARWAD, TQ AND DIST. DHARWAD-580001, BY ITS MANAGING DIRECTOR.

¶1613

THE SPECIAL LAND ACQUISTION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 1ST FLOOR, KSFC BUILDING, RAYAPURA, DHARWAD, TQ AND DIST. DHARWAD-580001.

¶1614

126 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1615

SHARADABAI W/O. CHANDRAKANT JANAMANE AGE. 79 YEARS, OCC. HOUSEHOLD R/O. KAMAL KUNJ BUILDING, YALLAKKI SHETTAR COLONY, P.B.ROAD, DHARWAD-580004. TQ AND DIST. DHARWAD.

¶1616

…RESPONDENTS

¶1617

(BY SRI.C.V.ANGADI, ADV. FOR R2 TO R4; SRI. M.B.HIREMATH, ADV. FOR R5; SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R1)

¶1618

¶1619

IN WA NO.100044 OF 2023:

¶1620

BETWEEN:

¶1621

THE STATE OF KARNATAKA REP. DEPARTMENT OF URBAN DEVELOPMENT M.S.BUILDING, BENGALURU-01, BY ITS PRINCIPAL SECRETARY.

¶1622

…APPELLANT

¶1623

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV.)

¶1624

AND:

¶1625

SHARADABAI W/O. CHANDRAKANT JANAMANE AGE. 79 YEARS, OCC. HOUSEHOLD R/O. KAMAL KUNJ BUILDING, YALLAKKI SHETTAR COLONY, P.B.ROAD, DHARWAD-580004. TQ AND DIST. DHARWAD.

¶1626

THE CHIEF ENGINEER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., NO.16, J-MILLER TANK BED AREA, TIMMAYYA ROAD CROSS, BENGALURU-560002.

¶1627

127 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1628

HUBBALLI DHARWAD BRTS COMPANY LTD., OFFICE OF BRTS, 1ST FLOOR, KSFC BUILDING, RAYAPURA DHARWAD, TQ AND DIST. DHARWAD-580001, BY ITS MANAGING DIRECTOR.

¶1629

THE SPECIAL LAND ACQUISTION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 1ST FLOOR, KSFC BUILDING, RAYAPURA, DHARWAD, TQ AND DIST. DHARWAD-580001.

¶1630

COMMISSIONER HUBBALLI-DHARWAD URBAN DEVELOPMENT AUTHORITY, NAVANAGAR, TQ. HUBBALLI, DIST. DHARWAD-580001.

¶1631

…RESPONDENTS

¶1632

(BY SRI.B.SHARANABASAWA, ADV. FOR R5;

¶1633

SRI.C.V.ANGADI, ADV. FOR R2 TO R4; SRI.M.B. HIREMATH, ADV. FOR R1)

¶1634

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, CALL FOR THE RECORDS IN W.P.NO.106157/2016 DATED 22.12.2021, AND AFTER EXAMINING THE SAME; QUASH THE IMPUGNED ORDER DATED 22.12.2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.106157/2016.

¶1635

IN WA NO.100327 OF 2022:

¶1636

BETWEEN:

¶1637

THE COMMISSIONER HUBBALLI -DHARWAD URBAN DEVELOPMENT AUTHORITY, NAVANAGAR, TQ. HUBBALLI, DIST. DHARWAD-580001.

¶1638

…APPELLANT

¶1639

(BY SRI. B. SHARANABASAWA, ADVOCATE)

¶1640

AND:

¶1641

THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT M.S. BUILDING, BENGALURU-01, BY ITS PRINCIPAL SECRETARY.

¶1642

THE CHIEF ENGINEER, KARNATAKA ROAD DEVELOPMENT

¶1643

- 128 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1644

CORPORATION LIMITED, NO.16, J MILLAR TANK BED AREA, TIMMAYYA ROAD CROSS, BENGALURU-560002.

¶1645

HUBLI DHARWAD BRTS COMPANY LTD., OFFICE OF BRTS, 1ST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD TQ. AND DIST. DHARWAD-580001, BY ITS MANAGING DIRECTOR.

¶1646

THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 1ST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD, TQ. AND DIST. DHARWAD-580001.

¶1647

SANTOSH S/O. CHADRAKANT JANAMANE, AGED 53 YEARS, OCC. BUSINESS, R/O. KAMAL KUNJA BUILDING, YALLAKISHETTAR COLONY, P.B. ROAD, DHARWAD, TQ. AND DIST. DHARWAD-580004.

¶1648

…RESPONDENTS

¶1649

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R1; SRI. C.V. ANGADI, ADV. FOR R2 TO R4; SRI.M.B.HIREMATH, ADV. FOR R5)

¶1650

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, PLEASED TO ALLOW THIS APPEAL AND SET-ASIDE THE JUDGMENT AND ORDER DTD.22.12.2021, PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.106158/2016, BY DISMISSING THE WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.

¶1651

IN WA NO.100301 OF 2022:

¶1652

BETWEEN:

¶1653

THE SPECIAL LAND ACQUISTION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO: VIDYANAGAR, HOSUR, HUBBALLI -580021, TALUK. HUBBALLI, DIST. DHARWAD.

¶1654

- 129 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1655

OLD ADDRESS: THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 1^ST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD-580009. BY ITS MANANGING DIRECTOR.

¶1656

THE MANAGING DIRECTOR HUBBALLI-DHARWAD BRTS COMPANY LTD., 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO: VIDYANAGAR HOSRU HUBBALLI -580021, TALUK. HUBBALLI, DIST. DHARWAD. OLD ADDRESS: HUBBALLI-DHARWAD BRTC CO. LTD., OFFICE OF BRTS, 1^ST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD-580009, BY ITS MANAGING DIRECTOR.

¶1657

…APPELLANTS

¶1658

(BY SRI. B.SHARANABASAWA, ADVOCATE)

¶1659

AND:

¶1660

SANTOSH S/O. CHANDRAKANT JANAMANE AGED 53 YEARS, OCC. BUSINESS, R/O. 'KAMAL KUNJ' BUILDING, YALLAKKISHETTAR COLONY, P.B.ROAD, DHARWAD-580004.

¶1661

THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, M.S. BUILDING, BENGALURU-01, B ITS PRINCIPAL SECRETARY.

¶1662

THE CHIEF ENGINEER KRDCL LIMITED, NO.16, 2ND FLOOR, SAMPARKA SOUDHA, OPP ORION MALL, DR.RAJKUMAR RD. RAJAJINAGAR, BENGALURU, KARNATAKA-560010.

¶1663

THE COMMISSIONER HUBBALLI DHARWAD URBAN DEVELOPMENT AUTHORITY, HUBBALLI-580025.

¶1664

…RESPONDENTS

¶1665

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R2;

¶1666

130 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1667

SRI. C.V. ANGADI, ADV. FOR R3; SRI.M.B.HIREMATH, ADV. FOR R1; SRI.B.SHARANABASAWA, ADV. FOR R4)

¶1668

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, (A) ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 22-12-2021 PASSED IN WP NO.106158/2016 (LA-RES); TO DISMISS W.P.NO.106158/2016 (LA-RES).

¶1669

IN WA NO.100500 OF 2022:

¶1670

BETWEEN:

¶1671

THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, M.S. BUILDING, BENGALURU-01, B ITS PRINCIPAL SECRETARY.

¶1672

…APPELLANT

¶1673

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W

¶1674

SRI. G.K.HIREGOUDAR, GOVT. ADV.)

¶1675

AND:

¶1676

SANTOSH S/O. CHANDRAKANT JANAMANE AGED 53 YEARS, OCC. BUSINESS, R/O. 'KAMAL KUNJ' BUILDING, YALLAKKISHETTAR COLONY, P.B.ROAD, DHARWAD-580004.

¶1677

THE CHIEF ENGINEER, KARNATAKA ROAD DEVELOPMENT CORPORATION LIMITED, NO.16, J MILLAR TANK BED AREA, TIMMAYYA ROAD CROSS, BENGALURU-560002.

¶1678

HUBBALLI DHARWAD BRTS COMPANY LTD., OFFICE OF BRTS, 1ST FLOOR, KSFC BUILDING, RAYAPURA DHARWAD, TQ AND DIST. DHARWAD-580001, BY ITS MANAGING DIRECTOR.

¶1679

THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 1^ST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD-580009.

¶1680

- 131 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1681

THE COMMISSIONER HUBBALLI DHARWAD URBAN DEVELOPMENT AUTHORITY, HUBBALLI-580025.

¶1682

…RESPONDENTS

¶1683

(BY SRI. C.V. ANGADI, ADV. FOR R2, R3 AND R4; SRI.M.B.HIREMATH, ADV. FOR R1; SRI.B.SHARANABASAWA, ADV. FOR R5)

¶1684

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, (A) CALL FOR THE RECORDS IN W.P.NO.106158/2016 AND 21.12.2021 AND AFTER EXAMINING THE SAME.(B) QUASH THE IMPUGNED ORDER DATED 21.12.2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.106158/2016.

¶1685

IN WA NO.100088 OF 2023:

¶1686

BETWEEN:

¶1687

HUBBALLI DHARWAD MUNICIPAL CORPORATION R/BY THE COMMISSIONER, HUBBALLI, DIST. DHARWAD.

¶1688

…APPELLANT

¶1689

(BY SRI. V M SHEELVANT, ADVOCATE)

¶1690

AND:

¶1691

SHRI. SANTOSH S/O. CHADRAKANT JANAMANE AGE. 53 YEARS, OCC. BUSIENSS, R/O. KAMAL KUNJA BUILDING, YALLKISHETTAR COLONY, P B ROAD, DHARWAD.

¶1692

THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT M S BUILDING, BANGALORE- 01. BY ITS PRINCIPAL SECRETARY.

¶1693

THE CHIEF ENGINEER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD. NO. 16, J MILLAR TANK BED AREA,

¶1694

TIMMAYYA ROAD, CROSS, BENGALURU- 560002.

¶1695

HUBBALLI -DHARWAD BRTS COMPANY LTD. OFFICE OF BRTS, 1ST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD.

¶1696

- 132 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1697

THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 1ST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD.

¶1698

THE COMMISSIONER HUBBALLI DHARWAD URBAN DEVELOPMENT AUTHORITY, HUBBALLI.

¶1699

…RESPONDENTS

¶1700

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R2; SRI.B.SHARANABASAWA, ADV.FOR R4 AND R6; SRI.C.V.ANGADI, ADV. FOR R3 AND R5; SRI.M.B.HIREMATH ADV. FOR R1)

¶1701

¶1702

IN WA NO.100340 OF 2022:

¶1703

BETWEEN:

¶1704

THE SPECIAL LAND ACQUISTION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO: VIDYANAGAR, HOSUR, HUBBALLI -580021, TALUK. HUBBALLI, DIST. DHARWAD. OLD ADDRESS: THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 1^ST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD-580009.

¶1705

THE MANAGING DIRECTOR HUBBALLI-DHARWAD BRTS COMPANY LTD., 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO: VIDYANAGAR HOSRU HUBBALLI -580021, TALUK. HUBBALLI, DIST. DHARWAD. OLD ADDRESS: HUBBALLI-DHARWAD BRTC CO. LTD., OFFICE OF BRTS, 1^ST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD-580009, BY ITS MANAGING DIRECTOR.

¶1706

…APPELLANTS

¶1707

(BY SRI. C.V.ANGADI, ADVOCATE)

¶1708

133 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1709

AND:

¶1710

ANAND S/O CHANDRAKANT JANAMANE AGED 49 YEARS, OCC. BUSINES R/O KAMAL KUN BUILDING YALLAKKISHETTAR COLONY P.B. ROAD, DHARWAD 580004.

¶1711

THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT M.S. BUILDING, BENGALURU-01 BY ITS PRINCIPAL SECRETARY.

¶1712

THE CHIEF ENGINEER KRDCL LIMITED NO. 6 2ND FLOOR, SAMPARKA SOUDHA OPP. ORION MALL, DR. RAJKUMAR RD, RAJAJINAGAR BENGALURU, KARNATAKA 560010. OLD ADDRESS: THE CHIEF ENGINEER, KARNATAKA ROAD DEVELOPMENT CORPORATION LIMITED, NO.16, J MILLAR TANK BED AREA, TIMMAYYA ROAD CROSS, BENGALURU-560002.

¶1713

THE COMMISSIONER HUBBALLI DHARWAD URBAN DEVELOPMENT AUTHORITY, HUBBALLI, TALUK HUBBALLI 580025, DIST. DHARWAD.

¶1714

…RESPONDENTS

¶1715

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R2; SRI.B.SHARANABASAWA, ADV.FOR R4; SRI.M.B.HIREMATH ADV. FOR R1; R3-DISPENSED WITH)

¶1716

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, (A) ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 22-12-2021 PASSED IN W.P.NO.106159/2016(LARES).(B) DISMISS W.P.NO.106159/2016(LA-RES).

¶1717

IN WA NO.100455 OF 2022:

¶1718

BETWEEN:

¶1719

THE COMMISSIONER HUBBALLI DHARWAD URBAN DEVELOPMENT AUTHORITY, NAVANAGAR, TQ. HUBBALLI, DIST. DHARWAD 580001.

¶1720

…APPELLANT

¶1721

(BY SRI. B. SHARANABASAWA.,ADVOCATE)

¶1722

134 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1723

AND:

¶1724

THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, M S BUILDING, BENGALURU 01, BY ITS PRINCIPAL SECRETARY.

¶1725

THE CHIEF ENGINEER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., NO.16, J-MILLER TANK BED AREA, TIMMAYYA ROAD CROSS, BANGALURU 560002.

¶1726

HUBBALLI DHARWAD BRTS COMPANY LTD., OFFICE OF BRTS, 1ST FLOOR, KSFC BUILDING, RAYAPURA, DHARWAD. TQ. AND DIST. DHARWAD 580001. BY ITS MANAGING DIRECTOR.

¶1727

THE SPECIAL LAND ACQUISITION OFFICER KRDCL, 1ST FLOOR,KSFC BUILDING, RAYAPUR, DHARAD, TQ. AND DIST. DHARWAD 580001.

¶1728

ANAND S/O CHANDRAKANT JANAMANE AGE. 50 YEARS, OCC. BUSINESS, R/O. KAMAL KUNJ BUILDING, YALLAKKI SHETTAR COLONY, P B ROAD, DHARWAD. TQ. AND DIST. DHARWAD 580004.

¶1729

…RESPONDENTS

¶1730

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R1; SRI.M.B.HIREMATH ADV. FOR R5; SRI.C.V.ANGADI, ADV. FOR R2 TO R4)

¶1731

¶1732

135 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1733

IN WA NO.100499 OF 2022:

¶1734

BETWEEN:

¶1735

STATE OF KARNATAKA REP BY THE PRINCIPAL SECRETARY TO GOVT, DEPT OF URBAN DEVELOPMENT, VIKASA SOUDHA BENGALURU- 560 001.

¶1736

…APPELLANT

¶1737

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W

¶1738

SRI. G.K.HIREGOUDAR, GOVT. ADV.)

¶1739

AND:

¶1740

ANAND S/O. CHANDRAKANTH JANAMANE AGED. 50 YEARS, OCC. BUSINESS, R/O. KAMAL KUNJ, BUILDING YALLAKKISHETTAR COLONY, P.B ROAD, TQ. DIST DHARWAD – 580004.

¶1741

THE CHIEF ENGINEER KARNATAKA ROAD DEVELOPMENT CORPORATION LIMMITED NO. 16 J MILLAR TANK BED AREA TIMMAYYA ROAD CROSS BENGALURU – 560002.

¶1742

HUBLI DHARWAD BRTS COMPANY LTD OFFICE OF BRTS, 1ST FLOOR KSFC BUILDING RAYAPUR, DHARWAD, BY ITS MANAGING DIRECTOR-580009.

¶1743

SPECIAL LAND ACQUISITON OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 1ST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD-580009.

¶1744

THE COMMISSIONER HUBBALLI- DHARWAD URBAN DEVELOPMENT AUTHORITY, HUBBALLI – 580001.

¶1745

…RESPONDENTS

¶1746

(BY SRI.M.B.HIREMATH ADV. FOR R1; SRI.C.V.ANGADI, ADV. FOR R2 TO R4; SRI.B.SHARANABASAWA, ADV. FOR R5)

¶1747

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, (A) CALL FOR THE RECORDS IN W.P.NO.106159/2016 AND 21.12.2021 AND AFTER

¶1748

- 136 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1749

EXAMINING THE SAME.(B) QUASH THE IMPUGNED ORDER DATED 21.12.2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.106159/2016.

¶1750

IN WA NO.100411 OF 2022:

¶1751

BETWEEN:

¶1752

THE SPECIAL LAND ACQUISTION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO: VIDYANAGAR, HOSUR, HUBBALLI -580021, TALUK. HUBBALLI, DIST. DHARWAD. OLD ADDRESS: THE ASSISTANT COMMISSIONER, THE LAND ACQUISITION OFFICER, KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., HDRBTS OFFICE, 1^ST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD.

¶1753

THE MANAGING DIRECTOR HUBBALLI-DHARWAD BRTS COMPANY LTD., 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO: VIDYANAGAR HOSRU HUBBALLI -580021, TALUK. HUBBALLI, DIST. DHARWAD. OLD ADDRESS: THE MANAGING DIRECTOR HUBBALLI-DHARWAD BRTC CO. LTD., OFFICE OF BRTS, 1^ST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD.

¶1754

…APPELLANT

¶1755

(BY SRI. C V ANGADI,ADVOCATE)

¶1756

AND:

¶1757

RAMESH S/O SATAPPA KHODANPUR AGED 85, OCC. BUSINESS R/O 165/B, DESHPANDE NAGAR, HUBBALLI 580029, DIST. DHARWAD.

¶1758

THE STATE OF KARNATAKA REP. BY SECRETARY URBAN DEVELOPMENT DEPARTMENT

¶1759

- 137 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1760

NO. 504, 5TH FLOOR, 4TH GATE M S BUILDING. AMBEDKAR VEEDHI BENGALURU 560001.

¶1761

THE COMMISSIONER HUBBALLI-DHARWAD URBAN DEVELOPMENT AUTHORITY, NAVANAGAR

¶1762

HUBBALLI 580025, DIST. DHARWAD.

¶1763

THE COMMISSIONER HUBBALLI-DHARWAD MUNICIPAL CORPORATION HUBBALLI 580029, DIST. DHARWAD.

¶1764

THE TAHASILDAR, HUBBALLI TALUK HUBBALLI 580020, DIST. DHARWAD.

¶1765

THE EXECUTIVE ENGINEER KRDCL NO. 13, 3RD MAIN, DOLLARS COLONY, NEAR VATSALAYA HOSPITAL, GOKUL ROAD, HUBBALLI 580030.

¶1766

…RESPONDENTS

¶1767

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R2 AND R5; SRI.V.M.SHEELVANT, ADV. FOR R3; SRI.B.SHARANABASAWA, ADV. FOR R3; SRI.K.L.PATIL AND SIR.S.S.BETURMATH, ADV. FOR R1)

¶1768

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, A) ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 22-12-2021 PASSED IN W.P. NO. 106269106270/2015(LA-RES)B) DISMISS W.P. NO. 106269-106270/2015(LA-RES).

¶1769

IN WA NO.100440 OF 2022:

¶1770

BETWEEN:

¶1771

THE STATE OF KARNATAKA TBY ITS SECRETARY DEPARTMENT OF URBBAN DEVELOPMENT, NO. 504, 5TH FLOOR 4TH GATE, M.S BUILDING, AMBEDKAR VEEDHI, BENGALURU – 560001.

¶1772

THE TAHASHILDAR HUBBALLI TALUK HUBBALLI, DISTRICT DHARWAD 580001.

¶1773

…APPELLANTS

¶1774

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV.)

¶1775

138 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1776

AND:

¶1777

RAMESH S/O. SATAPPA KHODANPUR AGE. 79 YEARS, OCC. BUSINES R/O. 165/B. DESHPANDE NAGAR HUBBALLI – 580029, DIST. DHARWAD.

¶1778

THE TOWN PLANNING MEMBER HUBBALLI- DHARWAD URBAN DEVELOPMENT AUTHORITY, NAVANAGAR, HUBBALLI – 580025. DIST. DHARWAD.

¶1779

THE COMMISSIONER HUBBALLI-DHARWAD MUNICIPAL CORPORATION HUBBALLI, DIST. DHARWAD – 580028.

¶1780

THE MANAGING DIRECTOR HUBBALLI-DHARWAD BRTS COMPANY LTD., OFICE OF BRTS, FIRST FLOOR, KSFC BUILDING RAYAPUR – 580009, DHARWAD.

¶1781

THE ASSISTNAT COMMISSIONER LAND ACQUISITION OFFICER, KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., HDBRTS OFFICE, FIRST FLOOR KSFC BUILDING, RAYAPUR-580009DHARWAD.

¶1782

EXECUTIVE ENGINEER KRDCL NO. 13, 3RD MAIN DOLLARS COLONY NEAR VATSALAYA HOSPITAL GOKUL ROAD, HUBBALLI - 580030

¶1783

…RESPONDENTS

¶1784

(BY SRI.C.V.ANGADI, ADV. FOR R4 TO R6; SRI.B.SHARANABASAWA, ADV. FOR R2; SRI.K.L.PATIL AND SIR.S.S.BETURMATH, ADV. FOR R1; SRI.G.I.GACHCHINAMATH, ADV. FOR R3)

¶1785

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, (A) CALL FOR THE RECORDS IN W.P.NO.106269-270/2015 (LA-RES) DATED 22.12.2021, AND AFTER EXAMINING THE SAME.(B) QUASH THE IMPUGNED ORDER DATED 22.12.2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.106269-270/2015 (LA-RES).

¶1786

139 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1787

IN WA NO.100450 OF 2022:

¶1788

BETWEEN:

¶1789

THE TOWN PLANNING MEMBER HUBBALLI DHARWAD URBAN DEVELOPMENT AUTHORITY, NVANAGAR, TQ. HUBBALLI, DIST. DHARWAD 580001.

¶1790

…APPELLANT

¶1791

(BY SRI. B SHARANABASAWA.,ADVOCATE)

¶1792

AND:

¶1793

THE STATE OF KARNATAKA REP. BY SECRETARY, URBAN DEVELOPMENT DEPARTMENT, NO.54, 5TH FLOOR, 4TH GATE, M S BUILDING, AMBEDKAR VEEDHI, BANGALURU 01.

¶1794

THE COMMISSIONER HUBBALLI DHARWAD MUNICIPAL CORPORATION, HUBBALLI TALUK, HUBBALLI, DIST. DHARWAD.

¶1795

THE TAHASILDAR HUBBALLI TALUK, HUBBALLI, DIST. DHARWAD.

¶1796

THE MANAGING DIRECTOR HUBBALLI -DHARWAD BRTS COMPANY LTD., OFICE OF BRTS, FIRST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD

¶1797

THE ASSISTANT COMMISSIONER LAND ACQUISITION OFFICER, KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., HDBRTS OFFICE, FIRST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD.

¶1798

THE EXECUTIVE ENGINEER KRDCL NO.13, 3RD MAIN, DOLLARS COLONY, NEAR VATSALAYA HOSPITAL, GOKUL ROAD, HUBBALLI 580030.

¶1799

- 140 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1800

RAMESH S/O SATAPPA KHODANPUR AGED ABOUT 85 YEARS, OCC. BUSINESS, R/O. 165/B, DESHPANDE NAGAR, HUBBALLI 580029.

¶1801

…RESPONDENTS

¶1802

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R1 AND R3; SRI.C.V.ANGADI, ADV.FOR R4 TO R6; SRI.K.L.PATIL AND SIR.S.S.BETURMATH, ADV. FOR R7;

¶1803

SRI.V.M.SHEELVANT, ADV. FOR R2)

¶1804

¶1805

IN WA NO.100054 OF 2023:

¶1806

BETWEEN:

¶1807

HUBBALLI DHARWAD MUNICIPAL CORPORATION R/BY ITS THE COMMISSIONER, HUBBALLI, DIST. DHARWAD.

¶1808

…APPELLANT

¶1809

(BY SRI. V M SHEELVANT.,ADVOCATE)

¶1810

AND:

¶1811

RAMESH S/O SATAPPA KHODANPUR AGE. MAJOR, OCC. BUSINESS, R/O. 165/B, DESHPANDE NAGAR, HUBBALLI 580029, DIST. DHARWAD.

¶1812

THE STATE OF KARNATAKA REPRESENTED BY SECRETARY, URBAN DEVELOPMENT, NO. 504, 5TH FLOOR, 4TH GATE, M S BUILDING, AMBEDKAR VEEDHI, BENGALURU 560001.

¶1813

THE COMMISSIONER HUBBALLI DHARWAD URBAN DEVELOPMENT AUTHORITY, NAVANAGAR,

¶1814

- 141 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1815

HUBBALLI 560025.

¶1816

THE TAHASILDAR HUBBALLI TQ. HUBBALLI, DIST. DHARWAD 580001

¶1817

MANAGING DIRECTOR HUBBALLI DHARWAD BRTS CO.LTD. 1ST FLOOR, KSFC BUILDING, RAYAPUR, P B ROAD, DHARWAD 580009.

¶1818

THE ASSISTANT COMMISSIONER LAND ACQUISITION OFFICER AND KRDCL. HDBRTSC OFFICE, 1ST FLOOR, KSFC BUILDING, RAYAPUR, P B ROAD, DHARWAD 09.

¶1819

EXECUTIVE ENGINEER KRDCL NO. 16, 3RD MAIN ROAD, DOLLARS COLONY, NEAR VASTALLYA HOSPITAL, GOKUL ROAD, HUBLI.

¶1820

…RESPONDENTS

¶1821

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R2 AND R4; SRI.C.V.ANGADI, ADV.FOR R5 TO R7; SRI.K.L.PATIL AND SIR.S.S.BETURMATH, ADV. FOR R1; SRI.B.SHARANABASAWA, ADV. FOR R3)

¶1822

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, PLEASED TO ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 22/12/2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.106269-106270/2015 (LA-RES), IN THE INTEREST OF JUSTICE AND EQUITY.

¶1823

IN WA NO.100482 OF 2022:

¶1824

BETWEEN:

¶1825

THE STATE OF KARNATAKA REPRESENTED BY SECRETARY, URBAN DEVELOPMENT, NO. 504, 5TH FLOOR, 4TH GATE, M S BUILDING, AMBEDKAR VEEDHI, BENGALURU 560001.

¶1826

…APPELLANT

¶1827

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV.)

¶1828

142 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1829

AND:

¶1830

M/S. HEALTHY COUNTRY RESORTS PRIVATE LTD., REGISTERED OFFICE: NO. 38, EUREKA JUNCTION, TRAVELLERS BUNGALOW ROAD, HUBBALLI-580029, REP. BY ITS MANANGING DIRECTOR, SRI.DINESH R.PAI, AGE : 57 YEARS.

¶1831

COMMISSIONER DIRECTOR OF URBAN LAND TRANSPORT URBAN DEVELOPMENT DEPARTMENT, BMTC TIMC B BLOCK, 4TH FLOOR, SHANTI NAGAR, K H ROAD, BENGALURU-560002.

¶1832

THE CHIEF ENGINEER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., NO.16,2ND FLOOR, SAMPARKA SOUDHA, OPP ORION MALL, DR. RAJKUMAR RD, RAJAJINAGAR, BENGALURU, KARNATAKA-560010.

¶1833

THE MANAGING DIRECTOR HUBBALLI - DHARWAD BRTS COMPANY LTD, 2ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO. VIDYANAGR, HOSUR, HUBBALLI-580021 TALUK. HUBBALI, DIST. DHARWAD,

¶1834

THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO: VIDYANAGAR, HOSUR, HUBBALLI-580021, TALUK: HUBBALLI, DIST: DHARWAD,

¶1835

THE EXECUTIVE ENGINEER KRDCL NO.13, 3^RD MAIN ROAD, DOLLARS COLONY, NEAR VATSALAYA HOSPITAL, GOKUL ROAD, HUBBALLI-580030.

¶1836

THE COMMISSIONER HUBBALLI-DHARWAD MUNICIPAL CORPORATION, HUBBALLI 580029, DIST: DHARWAD.

¶1837

- 143 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1838

HUBBALLI DHARWD URBAN DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER, NAVAANAGAR, TAL : HUBBALLI-580025, DIST: DHARWAD.

¶1839

…RESPONDENTS

¶1840

(BY SRI. ARVIND KAMATH, SENIOR COUNSEL FOR SRI.N.S.KINI, ADV. FOR R1; SRI.V.M.SHEELVANT, ADV. FOR R7; SRI.C.V.ANGADI, ADV.FOR R3 TO R6; SRI.B.SHARANABASAWA, ADV. FOR R2 AND R8)

¶1841

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, (A) ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 22-12-2021 PASSED IN WP NO.106557/2015 (LA-RES).(B) TO DISMISS W.P.NO.106557/2015 (LA-RES).

¶1842

IN WA NO.100496 OF 2022:

¶1843

BETWEEN:

¶1844

THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 2ND FLOOR, B BLOCK, NWKRTC NEW DEPOT. BUILDING NEW COURT ROAD, PO. VIDYANAGAR, HOSUR HUBBALLI 580021, TAL. HUBBALLI DIST. DHARWAD.

¶1845

THE MANAGING DIRECTOR HUBBALLI-DHARWAD BRTS COMPANY LTD. 2ND FLOOR, B BLOCK NWKRTC NEW DEPOT. BUILDING NEW COURT ROAD, PO. VIDYANAGAR, HOSUR HUBBALLI 580021, TAL. HUBBALLI, DIST. DHARWAD

¶1846

…APPELLANTS

¶1847

(BY SRI. C V ANGADI.,ADVOCATE)

¶1848

AND:

¶1849

M/S HEALTHY COUNTY RESORTS PRIVATE LTD REGISTERED OFFICER NO. 38 EUREKA JUNCTION, TRAVELLERS BUNGALOW ROAD, HUBBALLI 580029, REPRESENTED BY ITS MANAGING DIRECTOR.

¶1850

144 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1851

THE STATE OF KARNATAKA REP. BY SECRETARY URBAN DEVELOPMENT DEPARTMENT NO. 504, 5TH FLOOR, 4TH GATE M.S. BUILDING, AMBEDKAR VEEDHI, BENGALUTU 560001.

¶1852

THE COMMISSIONER HUBBALLI-DHARWAD URBAN LAND TRANSPORT URBAN DEVELOPMENT DEPARTMENT BMTC TIMC B BLOCK 4TH FLOOR, SHANTINAGAR K H ROAD, BENGALURU 560027.

¶1853

THE CHIEF ENGINEER KRDCL LIMITED NO. 16 2ND FLOOR, SAMPARKA SOUDHA OPP ORION MALL, DR. RAJKUMAR ROAD, RAJAJINAGAR, BENGALURU KARNATAKA 560010.

¶1854

THE EXECUTIVE ENGINEER KRDCL NO. 13, 3RD MAIN DOLLARS COLONY, NEAR VATSALAYA HOSPITAL GOKUL ROAD, HUBBALLI 580030.

¶1855

THE COMMISSIONER HUBBALLI DHARWAD MUNICIPAL CORPORATION DHARWAD 580008.

¶1856

HUBBALLI DHARWAD URBAN DEVELOPMENT AUTHORITY, REPRESENTED BY ITS COMMISSIONER, NAVANAGAR, TAL. HUBBALLI 580025 DIST. DHARWAD.

¶1857

…RESPONDENTS

¶1858

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R2 AND R3; SRI. ARVIND KAMATH, SENIOR COUNSEL FOR SRI.N.S.KINI, ADV. FOR R1; SRI.M.M.KHANNUR, ADV.FOR R7; R4, R5-DISPENSED WITH)

¶1859

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, (A) ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 22-12-2021 PASSED IN WP NO.106557/2015(LA-RES).(B) TO DISMISS W.P.NO.106557/2015(LA-RES).

¶1860

145 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1861

IN WA NO.100053 OF 2023:

¶1862

BETWEEN:

¶1863

HUBBALLI DHARWAD MUNICIPAL CORPORATION R/BY ITS THE COMMISSIONER, HUBBALLI, DIST. DHARWAD.

¶1864

…APPELLANT

¶1865

(BY SRI. V M SHEELVANT.,ADVOCATE)

¶1866

AND:

¶1867

M/S. HEALTHY COUNTY RESORTS PVT. LTD. REGISTERED OFFICE NO.38, EUREKA JUNCTION, TRAVELLERS BUNGLOW ROAD, HUBLI 580029, REPRESENTED BY ITS MANAGING DIRECTOR, SRI DINESH R PAI, AGE. 57 YEARS.

¶1868

THE STATE OF KARNATAKA REPRESENTED BY SECRETARY, URBAN DEVELOPMENT, NO. 504, 5TH FLOOR, 4TH GATE, M S BUILDING, AMBEDKAR VEEDHI, BENGALURU 560001.

¶1869

THE COMMISSIONER DIRECTOR OF URBAN LAND TRANSPORT URBAN DEVELOPMENT DEPARTMENT, BMTC, TIMC B BLOCK, 4TH FLOOR, SHANTI NAGAR, K H ROAD,BENGALURU 560001.

¶1870

CHIEF ENGINEER KRDCL NO. 16, J MILLER TANK BED AREA, TMMYYA ROAD CROSS, BENGALURU 560002.

¶1871

MANAGING DIRECTOR HUBBALLI DHARWAD BRTS CO.LTD., 1ST FLOOR, KSFC BUILDING, RAYAPUR, P B ROAD, DHARWAD 580009.

¶1872

SPL. LAND ACQUSITIION OFFICER AND THE ASSISTANT COMMISSIONER KRDCL, HDBRTSC OFFICE, 1ST FLOOR, KSFC BUILDING RAYAPUR, P B ROAD, DHARWAD 09.

¶1873

146 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1874

EXECUTIVE ENGINEER KRDCL, NO.16, 3RD MAIN ROAD, DOLLARS COLONY, NEAR VASTALLYA HOSPITAL, GOKUL ROAD, HUBLI.

¶1875

…RESPONDENTS

¶1876

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R2 AND R4; SRI. ARVIND KAMATH, SENIOR COUNSEL FOR SRI.N.S.KINI, ADV. FOR R1; SRI.M.M.KHANNUR, ADV.FOR R7; SRI. C.V.ANGADI, ADV. FOR R3 AND R7 R4, R5-DISPENSED WITH)

¶1877

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, PLEASED TO ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 22/12/2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.106557/2015 (LA-RES), IN THE INTEREST OF JUSTICE AND EQUITY.

¶1878

IN WA NO.100062 OF 2023:

¶1879

BETWEEN:

¶1880

HUBBALLI-DHARWAD URBAN DEVELOPMENT AUTHORITY REP. BY ITS COMMISSIONER, NAVANAGAR, TQ. HUBBALLI, DIST. DHARWAD. 5800001

¶1881

…APPELLANT

¶1882

(BY SRI. B SHARANABASAWA.,ADVOCATE)

¶1883

AND:

¶1884

THE STATE OF KARNATAKA REP. BY SECRETARY, URBAN DEVELOPMENT DEPARTMENT, 504, 5TH FLOOR, 4TH GATE, M S BUILDING, AMBEDKAR VEEDHI, BENGALURU 560001.

¶1885

THE COMMISSIONER DIRECTORATE OF URBAN LAND TRANSPORT URBAN DEVELOPMENT DEPARTMENT, BMTC TIMC B BLOCK, 4TH FLOOR, SHANTINAGAR, K H ROAD, BENGALURU 560027.

¶1886

147 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1887

CHIEF ENGINEER KRDCL LIMITED, NO. 16, J MILLER TANK BED AREA, TIMMAYYA ROAD CROSS, BENGALURU 560002.

¶1888

THE MANAGING DIRECTOR HUBBALLI DHARWAD BRTS COMPANY LTD., OFFICE OF BRTS, FIRST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD.

¶1889

THE ASSISTANT COMMISSIONER LAND ACQUISITION OFFICER, KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., HDBRTS OFFICE, FIRST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD.

¶1890

THE EXECUTIVE ENGINEER KRDCL NO.13, 3RD MAIN, DOLLARS COLONY, NEAR VATSALYA HOSPITAL, GOKUL ROAD, HUBBALLI 580030.

¶1891

M/S HEALTHY COUNTRY RESORTS PRIVATE LTD., REGISTERED OFFICE, NO. 38, EUREKA JUNCTION, HUBLI 580029, REPRESENTED BY ITS MANAGING DIRECTOR, SRI. DINESH R PAI, AGED ABOUT 56 YEARS, OCC. BUSINESS.

¶1892

…RESPONDENTS

¶1893

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R1; SRI. ARVIND KAMATH, SENIOR COUNSEL FOR SRI.N.S.KINI, ADV. FOR R6; SRI. C.V.ANGADI, ADV. FOR R2 AND R4; SRI.VM.SHEELVANT, ADV. FOR R3; R4, R5-DISPENSED WITH)

¶1894

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, PLEASED TO ALLOW THIS APPEAL AND SET-ASIDE THE JUDGMENT AND ORDER DTD.22.12.2021, PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.106557/2015, BY DISMISSING THE WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.

¶1895

148 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1896

IN WA NO.100444 OF 2022:

¶1897

BETWEEN:

¶1898

HUBBALLI- DHARWAD URBAN DEVELOPMENT AUTHORITY REP. BY ITS COMMISSIONER, NAVANAGAR, TQ. HUBBALLI, DIST. DHARWAD-580001

¶1899

…APPELLANT

¶1900

(BY SRI. B SHARANABASAWA.,ADVOCATE)

¶1901

AND:

¶1902

THE STATE OF KARNATAKA REP. BY SECRETARY, URBAN DEVELOPMENT DEPARTMENT, NO.504, 5TH FLOOR, 4TH GATE, M S BUILDING, AMBEDKAR VEEDHI, BENGALURU 560001.

¶1903

THE COMMMISIONER DIRECTORATE OF URBAN LAND TRANSPSORT URBAN DEVELOPMENT DEPARTMENT, BMTC TIMC B BLOCK, 4TH FLOOR, SHANTINAGAR, K H ROAD,

¶1904

BENGALURU 560027.

¶1905

CHIEF ENGINEER KRDCL LIMITED NO.16, J MILLAR TANK BED AREA, TIMMAYYA ROAD, CROSS, BENGALURU 560002.

¶1906

THE MANAGING DIRECTOR HUBBALLI DHARWAD BRTS COMPANY LTD., OFFICE OF BRTC, FIRST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD-580003, NAVANAGAR, TQ. HUBALI, DIST. DHARWAD.

¶1907

SPECIAL LAND ACQUISITION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., HDBRTS OFFICE, FIRST FLOOR, KSRF BUILDING, RAYAPUR, DHARWAD-580003.

¶1908

THE EXECUTIVE ENGINEER KRDCL NO.13, 3RD MAIN, DOLLARS COLONY,

¶1909

149 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1910

NEAR VATSALYA HOSPITAL, GOKUL ROAD, HUBBALLI -580030.

¶1911

THE COMMISSIONER HUBBALLI DHARWAD MUNICIPAL CORPORATION, DHARWAD-580003.

¶1912

M/S SRI KRISHNA MILKS PRIVATE LTD., REGISTERED OFFICE, NO. 38, EUREKA JUNCTION, DESHPANDE NAGAR, TRAVELLERS BUNGLOW ROAD, HUBALI 580029. PLAINT: SRI KRISHNAJI KIRAVATTI VILLAGE, TQ. YELLAPUR, DIST. UTUTARA KANNADA, REP. BY ITS MANAGING DIRECTOR, SRI HANUMANTH M PAI, AGED ABOUT 67 YEARS, OCC. BUSINESS, R/O. KIRAVATTI.

¶1913

M/S HARSHAM LOGISTICS PRIVATE LIMITED REG. OFFICE 38, II FLOOR, EUREKA JUNCTION, T B ROAD, HUBBALLI 580029, DHARWAD, REP. BY SRI DINESH S/O RAMDAS PAI, DIRECTOR AND AUTHORISED SIGNATORY.

¶1914

…RESPONDENTS

¶1915

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R1 AND R2; SRI. ARVIND KAMATH, SENIOR COUNSEL FOR SRI.N.S.KINI, ADV. FOR R8 AND R9; SRI. C.V.ANGADI, ADV. FOR R3 TO R6; SRI.V.M.SHEELVANT, ADV. FOR R7)

¶1916

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, WHEREFORE FOR THE REASONS AND GROUNDS STATED ABOVE THIS HON BLE COURT MAY KINDLY BE PLEASED TO ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND ORDER DATED 22.12.2021 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.106558/2015 BY DISMISSING THE WRIT PETITION

¶1917

- 150 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1918

IN CCC NO.100272 OF 2022:

¶1919

BETWEEN:

¶1920

M/S. HARSHAM LOGISTICS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISION OF THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT 38, II FLOOR, EUREKA JUCTION, T. B. ROAD, HUBBALLI-580029, DHARWAD, R/BY SRI. DINESH S/O. RAMDAS PAI, DIRECTOR AND AUTHORISED SIGNATORY

¶1921

…COMPLAINANT

¶1922

(BY SRI. ARAVIND KAMATH, SENIOR COUNSEL FOR SRI. KINI NAGPRASAD SURESH, ADVOCATE)

¶1923

AND:

¶1924

THE ASSISTANT COMMISSIONER LAND ACQUISITION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., HDBRTS OFFICE, FIRST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD-580007.

¶1925

…ACCUSED

¶1926

THE STATE OF KARNATAKA

¶1927

….PROFORMA RESPONDENT

¶1928

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R2; R1-NOTICE NOT ORDERED)

¶1929

THIS CONTEMPT PETITION IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W. ARTICLE 215 OF CONSTITUTION OF INDIA,1950, PRAYING THIS HON BLE COURT BE PLEASED TO, A. ALLOW THIS PETITION AND CONSEQUENTLY INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR HIS WILLFUL AND DELIBERATE DISOBEDIENCE OF THE FINAL ORDER DATED 22.12.2021 PASSED BY THIS HON BLE COURT IN WRIT PETITION NO.106558 OF 2015 PRODUCED HEREWITH AND MARKED AS ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY.

¶1930

151 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1931

IN WA NO.100492 OF 2022:

¶1932

BETWEEN:

¶1933

THE SPECIAL LAND ACQUISTION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO: VIDYANAGAR HOSUR, HUBBALLI -580021, TALUK. HUBBALLI, DIST. DHARWAD. OLD ADDRESS: SPECIAL LAND ACQUISITION OFFICER AND THE ASSISTANT COMMISSIONER, KRDCL, HDBRTSC OFFICE, 1^ST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD-580009.

¶1934

THE MANAGING DIRECTOR HUBBALLI-DHARWAD BRTS COMPANY LTD., 2ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO VIDYANAGAR HOSRU HUBBALLI 580021, TALUK HUBBALLI DIST. DHARWAD. OLD ADDRESS: MANAGING DIRECTOR HUBBALLI-DHARWAD BRTS CO. LTD., 1^ST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD-580009.

¶1935

…APPELLANTS

¶1936

(BY SRI. C V ANGADI.,ADVOCATE)

¶1937

AND:

¶1938

M/S. SRI KRISHNA MILKS PRIVATE LTD., REGISTERED OFFICE NO. 38, EUREKA JUNCTION, TRAVELLERS BUNGALOW ROAD, HUBBALLI-580029, PLANT SRI KRISHNAGIRI KIRAVATTI VILLAGE, TQ. YELLAPUR DIST. UTTAR KANNADA REP BY ITS MANAGING DIRECTOR SRI. MANJUNATH M PAI, AGE 67 YEARS, OF KIRWATI.

¶1939

M/S. HARSHAM LOGISTICS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT

¶1940

- 152 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1941

HAVING ITS REGISTERED OFFICE AT NO. 38, II FLOOR, EUREKA JUCTION, T B ROAD, HUBBALLI 580029, TALUK HUBBALLI DIST. DHARWAD, REPRESENTED BY ITS DIRECTOR AND AUTHORISED SIGNATORY.

¶1942

THE STATE OF KARNATAKA REP BY SECRETARY URBAN DEVELOPMENT DEPARTMENT, NO. 504, 5TH FLOOR, 4TH GATE, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU 560001.

¶1943

THE COMMISSIONER DIRECTORATE OF URBAN LAND TRANSPORT URBAN DEVELOPMENT DEPARTMENT BMTC TIMC B BLOCK 4TH FLOOR, SHANTINAGAR, K H ROAD, BENGALURU 560027.

¶1944

THE CHIEF ENGINEER KRDCL LIMITED, NO. 16, 2ND FLOOR, SAMPARKA SOUDHA, OPP ORION MALL, DR. RAJKUMAR RD, RAJAJINAGAR, BENGALURU, KARNATAKA 560010.

¶1945

THE EXECUTIVE ENGINEER KRDCL NO. 13, 3RD MAIN, DOLLARS COLONY, NEAR VATSALAYA HOSPITAL GOKUL ROAD, HUBBALLI 580030.

¶1946

THE COMMISSIONER HUBBALLI DHARWAD MUNICIPAL CORPORATION DHARWAD – 580008.

¶1947

HUBBALLI DHARWAD URBAN DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER NAVANAGAR TALUK HUBBALLI-580025 DIST. DHARWAD.

¶1948

…RESPONDENTS

¶1949

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R3 AND R4; SRI. ARVIND KAMATH, SENIOR COUNSEL FOR SRI.N.S.KINI, ADV. FOR R1 AND R2; SRI. C.V.ANGADI, ADV. FOR R3 TO R6; SRI.B.SHARANABASAWA, ADV. FOR R8; R5 AND R6-DISPENSED WITH)

¶1950

153 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1951

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, (A) ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 22-12-2021 PASSED IN WP NO.106558/2015 (LA-RES).(B) TO DISMISS WP NO.106558/2015(LA-RES).

¶1952

IN WA NO.100016 OF 2023:

¶1953

BETWEEN:

¶1954

THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT NO.504, 5TH FLOOR, 4TH GATE, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU- 560001.

¶1955

…APPELLANT

¶1956

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV.)

¶1957

AND:

¶1958

M/S SRI KRISHNA MILKS PRIVATE LTD., REGISTERED OFFICE, NO. 38, EUREKA JUNCTION, DESHPANDE NAGAR, TRAVELLERS BUNGLOW ROAD, HUBALI 580029. PLAINT: SRI KRISHNAJI KIRAVATTI VILLAGE, TQ. YELLAPUR, DIST. UTUTARA KANNADA, REP. BY ITS MANAGING DIRECTOR, SRI HANUMANTH M PAI, AGED ABOUT 68 YEARS, OCC. BUSINESS, R/O. KIRAVATTI.

¶1959

M/S HARSHAM LOGISTICS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE 38, II FLOOR, EUREKA JUNCTION, T B ROAD, HUBBALLI 580029, DHARWAD, REP. BY SRI DINESH S/O RAMDAS PAI, DIRECTOR AND AUTHORISED SIGNATORY.

¶1960

THE COMMISSIONER DIRECTORATE OF URBN LAND TRANSPORT URBAN DEVELOPMENT BMTC TIMC ‘B’ BLOCK, 4^TH FLOOR, SHANTINAGAR, K.H.ROAD,

¶1961

154 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1962

BENGALURU-560002.

¶1963

THE CHIEF ENGINEER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., NO.16,2ND FLOOR, SAMPARKA SOUDHA, OPP ORION MALL, DR. RAJKUMAR RD, RAJAJINAGAR, BENGALURU, KARNATAKA-560010.

¶1964

THE MANAGING DIRECTOR HUBBALLI - DHARWAD BRTS COMPANY LTD, 2ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO. VIDYANAGAR, HOSUR, HUBBALLI-580021 TALUK. HUBBALI, DIST. DHARWAD,

¶1965

THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO: VIDYANAGAR, HOSUR, HUBBALLI-580021, TALUK: HUBBALLI, DIST: DHARWAD,

¶1966

THE EXECUTIVE ENGINEER KRDCL NO.13, 3^RD MAIN ROAD, DOLLARS COLONY, NEAR VATSALAYA HOSPITAL, GOKUL ROAD, HUBBALLI-580030.

¶1967

THE COMMISSIONER HUBBALLI DHARWAD MUNICIPAL CORPORATION DHARWAD – 580008.

¶1968

HUBBALLI DHARWAD URBAN DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER NAVANAGAR TALUK HUBBALLI-580025 DIST. DHARWAD.

¶1969

…RESPONDENTS

¶1970

(BY SRI. ARVIND KAMATH, SENIOR COUNSEL FOR SRI.N.S.KINI, ADV. FOR R1 AND R2; SRI. C.V.ANGADI, ADV. FOR R4 TO R7; SRI.B.SHARANABASAWA, ADV. FOR R9; SRI. V.M.SHEELVANT, ADV. FOR R8 R3-SERVED)

¶1971

- 155 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1972

¶1973

IN WA NO.100098 OF 2023:

¶1974

BETWEEN:

¶1975

THE COMMISSIONER HUBBALLI -DHARWAD MUNCIPAL CORPORATION, HUBBALLI, DIST. DHARWAD.

¶1976

…APPELLANT

¶1977

(BY SRI. V M SHEELVANT.,ADVOCATE)

¶1978

AND:

¶1979

M/S SRI KRISHANA MILKS PVT LTD. REGISTERED OFFICE NO. 38, EUREKA JUNCTION, DESHPANDE NAGAR TRAVELLERS BUNGLOW ROAD HUBLI-580029, PLANT: SRI KRISHAGIRI, KIRAVATTI VILLAGE, TQ. YELLAPUR, DIST. UTTAR KANNADA, R/BY ITS MANAGING DIRECTOR SRI HANUMANTH M PAI, AGE. 68 YEARS, R/O KIRWATTI.

¶1980

M/S HARSHAM LOGISTICS PVT. LTD 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, REPRESENTED BY SRI DINESH S/O RAMDAS PAI DIRECTOR AND AUTHORISED SIGNATORY.

¶1981

THE STATE OF KARNATAKA REPRESENTED BY SECRETARY URBAN DEVELOPMENT NO. 504, 5TH FLOOR, 4TH GATE M.S.BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001.

¶1982

THE COMMISSIONER DIRECTOR OF URBAN LAND TRANSPORT URBAN DEVELOPMENT DEPARTMENT BMTC, TIMC A BLOCK, 4TH FLOOR, SHANTI NAGAR K.H.ROAD BENGALURU.

¶1983

156 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1984

CHIEF ENGINEER KRDCL NO. 16, J MILLER TANK BED AREA TIMMAYYA ROAD CROSSS BENGALURU-560002.

¶1985

MANAGING DIRECTOR HUBBALLI DHARWAD BRTS CO. LTD 1ST FLOOR, KSFC BUILDING RAYAPUR, P B ROAD, DHARWAD 580009.

¶1986

SPL. LAND ACQUISITION OFFICER AND THE ASSISTANT COMMISSIONER KRDCL, HDBRTSC OFFICE 1ST FLOOR, KSFC BUILDING RAYAPUR P B ROAD, DHARWAD 9.

¶1987

EXECUTIVE ENGINEER KRDCL, NO. 16, 3RD MAIN ROAD DOLLARS COLONY NEAR VASTALLYA HOSPITAL GOKUL ROAD, HUBLI.

¶1988

HUBBALLI DHARWAD URBAN DEVELOPMENT AUTHORITY REP BY ITS COMMISSIONER, NAVANAGAR, TQ AND DIST. DHARWAD 580001.

¶1989

…RESPONDENTS

¶1990

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R3; SRI. ARVIND KAMATH, SENIOR COUNSEL FOR SRI.N.S.KINI, ADV. FOR R1 AND R2; SRI. C.V.ANGADI, ADV. FOR R5 TO R8; SRI.B.SHARANABASAWA, ADV. FOR R4 & R9)

¶1991

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, SET ASIDE THE ORDER DATED 22/12/2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.106558/2015 (LA-RES), IN THE INTEREST OF JUSTICE AND EQUITY.

¶1992

IN WA NO.100375 OF 2022:

¶1993

BETWEEN:

¶1994

THE SPECIAL LAND ACQUISTION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO: VIDYANAGAR HOSUR,

¶1995

- 157 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶1996

¶1997

THE MANAGING DIRECTOR HUBBALLI-DHARWAD BRTS COMPANY LTD., 2ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO VIDYANAGAR HOSUR HUBBALLI 580021, TALUK HUBBALLI DIST. DHARWAD. OLD ADDRESS: MANAGING DIRECTOR HUBBALLI-DHARWAD BRTS CO. LTD., 1^ST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD-580009.

¶1998

…APPELLANTS

¶1999

(BY SRI. C V ANGADI.,ADVOCATE)

¶2000

AND:

¶2001

SMT RUKMINI @ RUKMINIBAI W/O SHRIDHAR KALAL AGED 67 YEARS, OCC. HOUSE WIFE, R/O NEAR LAXMI TALKIES, BHOVI GALLI, DHARWAD, TQ AND DIST. DHARWAD-580008.

¶2002

THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF URBAN DEVELOPMENT, NO. 504, 5TH FLOOR, 4TH GATE, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU 560001.

¶2003

THE COMMISSIONER HUBBALLI DHARWAD MUNICIPAL CORPORATION HUBBALLI 580029, DIST. DHARWAD.

¶2004

THE EXECUTIVE ENGINEER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD NO. 16, 3RD MAIN ROAD, DOLLARS COLONY, NEAR VASTALLYA HOSPITAL GOKUL ROAD, HUBBALLI 580030.

¶2005

…RESPONDENTS

¶2006

- 158 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2007

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R2; SRI.V.M.SHEELVANT, ADV. FOR R3; R1-SERVED; R4-DISPENSED WITH)

¶2008

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, A) ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 22-12-2021 PASSED IN WP NO.107889/2016 (LA-RES).B) DISMISS W.P. NO.107889/2016 (LA-RES).

¶2009

IN WA NO.100423 OF 2022:

¶2010

BETWEEN:

¶2011

HUBBALLI -DHARWAD URBAN DEVELOPMENT AUTHORITY, REP. BY ITS COMMISSIONER, NAVANAGAR, TQ. HUBBALLI,

¶2012

DIST. DHARWAD 580001.

¶2013

…APPELLANT

¶2014

(BY SRI. B SHARANABASAWA.,ADVOCATE)

¶2015

AND:

¶2016

THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, NO.504, 5TH FLOOR, 4TH GATE, M S BUILDING, AMBEDKAR VEEDHI, BENGALURU 560001.

¶2017

THE COMMISSIONER HUBBALLI DHARWAD MUNICIPAL CORPORATION, HUBBALLI, DIST. DHARWAD.

¶2018

THE SPECIAL LAND ACQUISITION OFFICER AND THE ASSISTANT COMMISSIONER, KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 1ST FLOOR, KSFC BUILDING,

¶2019

RAYAPUR, P B ROAD, DHARWAD.

¶2020

THE MANAGING DIRECTOR HUBBALLI DHARWAD BRTS COMPANY LTD., 1ST FLOOR, KSFC BUILDING, RAYAPUR, P B ROAD, DHARWAD 580009 NAVANAGAR, TQ. HUBALI, DIST. DHARWAD.

¶2021

- 159 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2022

THE EXECUTIVE ENGINEER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., NO.16, 3RD MAIN ROAD, DOLLARS COLONY, NEAR VASTALLYA HOSPITAL, GOKUL ROAD, HUBBALLI.

¶2023

SMT. RUKMINI ALIAS RUKMINIBAI W/O SHRIDHAR KALAL AGED ABOUT 68 YEARS, OCC. HOUSEWIFE, R/O. NEAR LAXMI TALKIES, BHOVI GALLI, DHARWAD, TQ. AND DIST. DHARWAD 580008

¶2024

…RESPONDENTS

¶2025

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R1; SRI.V.M.SHEELVANT, ADV. FOR R2; SRI. C.V.ANGADI, ADV. FOR R3 TO R5; R6-SERVED)

¶2026

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND ORDER DATED 22.12.2021, PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO. 107889/2016 BY DISMISSING THE WRIT PETITION.

¶2027

IN WA NO.100073 OF 2023:

¶2028

BETWEEN:

¶2029

HUBBALLI DHARWAD MUNICIPAL CORPORATION HUBBALLI, BY ITS COMMISSIONER, DIST. DHARWAD-580009.

¶2030

…APPELLANT

¶2031

(BY SRI. V.M.SHEELVANT, ADVOCATE)

¶2032

AND:

¶2033

SMT. RUKMINI ALIAS RUKMINIBAI W/O. SHRIDHAR KALAL, AGED ABOUT 64 YEARS, OCC. HOUSEWIFE, R/O. NEAR LAXMI TALKIES, BHOVI GALLI, DHARWAD, TQ. AND DIST. DHARWAD-580008.

¶2034

- 160 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2035

THE STATE OF KARNATAKA, R/BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, NO.504, 5TH FLOOR, 4TH GATE, M.S. BUILDING, AMBEDKAR VEEDHI,

¶2036

BENGALURU-560001.

¶2037

THE SPECIAL LAND ACQUISITION OFFICER AND THE ASSISTANT COMMISSIONER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 1ST FLOOR, KSFC BUILDING, P.B. ROAD, RAYAPUR, DHARWAD-580009.

¶2038

THE MANAGING DIRECTOR HUBBALLI-DHARWAD BRTS CO. LTD., 1ST FLOOR, KSFC BUILDING, RAYAPUR, P.B. ROAD, DHARWAD-580009.

¶2039

THE EXECUTIVE ENGINEER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., NO.16, 3RD MAIN ROAD, DOLLARS COLONY, NEAR VASTALLYA HOSPITAL, GOKUL ROAD, HUBBALLI.

¶2040

…RESPONDENTS

¶2041

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R2; SRI. C.V.ANGADI, ADV. FOR R3 TO R5; R1-SERVED)

¶2042

¶2043

IN WA NO.100318 OF 2022:

¶2044

BETWEEN:

¶2045

THE SPECIAL LAND ACQUISTION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO: VIDYANAGAR HOSUR,

¶2046

- 161 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2047

HUBBALLI -580021, TALUK. HUBBALLI, DIST. DHARWAD. OLD ADDRESS: THE SPECIAL LAND ACQUISITION OFFICER AND THE ASSISTANT COMMISSIONER, KRDCL, HDBRTSC OFFICE, 1^ST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD-580009. 2. THE MANAGING DIRECTOR HUBBALLI-DHARWAD BRTS COMPANY LTD., 2ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO VIDYANAGAR HOSUR HUBBALLI 580021, TALUK HUBBALLI DIST. DHARWAD. OLD ADDRESS: MANAGING DIRECTOR HUBBALLI-DHARWAD BRTS CO. LTD., 1^ST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD-580009.

¶2048

…APPELLANTS

¶2049

(BY SRI. C. V. ANGADI, ADVOCATE)

¶2050

AND:

¶2051

SANJAY S/O. SHANKARAPPA SHETTEMMANAVAR AGE. 47 YEARS, OCC. BUSINESS R/O. 38/4, SHOBHA, SUNAGAR CHAWAL OPP. DISTRICT COURT COMPLEX, P.B.ROAD, DHARWAD-580008.

¶2052

SMT BHAGYALAXMI W/O. SANJAY SHETTEMMANAVAR AGE. 42 YEARS, OCC. HOUSEHOLD R/O. 38/4, SHOBHA, SUNAGAR CHAWAL OPP. DISTRICT COURT COMPLEX, P.B.ROAD, DHARWAD-580008.

¶2053

THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT M.S.BUILDING, BENGALURU-01 BY ITS PRINCIPAL SECRETARY.

¶2054

THE CHIEF ENGINEER KRDCL LIMITED NO.16 2ND FLOOR, SAMPARKA SOUDHA OPP ORION MALL, DR RAJKUMAR ROAD, RAJAJINAGAR, BENGALURU,

¶2055

- 162 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2056

KARNATAKA-560010. OLD ADDRESS: THE CHIEF ENGINEER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., NO.16, J MILLER TANK BED AREA, TIMMAYYA ROAD CROSS, BANGALORE-560002.

¶2057

THE COMMISSIONER HUBBALLI DHARWAD URBAN DEVELOPMENT AUTHORITY, HUBBALLI-580025.

¶2058

…RESPONDENTS

¶2059

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R3; SRI. B.SHARANABASAWA, ADV. FOR R5; R1 AND R2-SERVED; R4-DISPENSED WITH)

¶2060

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON’BLE COURT TO, ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 22-12-2021 PASSED IN W.P. NO. 109564-109565/2016 (LA-RES); TO DISMISS W.P. NO. 109564109565/2016(LA-RES).

¶2061

IN WA NO.100454 OF 2022:

¶2062

BETWEEN:

¶2063

THE COMMISSIONER HUBBALLI-DHARWAD URBAN DEVELOPMENT AUTHORITY, NAGANAGAR, TQ. HUBBALLI, DIST. DHARWAD-580001.

¶2064

…APPELLANT

¶2065

(BY SRI. B SHARANABASAWA, ADVOCATE)

¶2066

AND:

¶2067

THE STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, M S BUILDING, BENGALURU 01, BY ITS PRINCIPAL SECRETARY.

¶2068

THE CHIEF ENGINEER KARNATAKA ROAD DEVELOPMENT CORPORATION LIMITED, NO.16, J MILLAR TANK BED AREA, TIMMAYYA ROAD CORSS, BENGALURU-560002.

¶2069

- 163 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2070

HUBLI DHARWAD BRTS COMPANY LTD., OFFICE OF BRTS, 1^ST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD, BY ITS MANAGING DIECTOR.

¶2071

THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 1^ST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD.

¶2072

SANJAY S/O. SHANKARAPPA SHETTEMMANAVAR AGED ABOUT 48 YEARS, OCC. BUSIENSS, R/O. 38/4, 'SHOBA’, SUNAGAR CHAWL, OPP. DISRICT COURT COMPLEX, P B ROAD, DHARWAD.

¶2073

SMT. BHAGYALAXMI W/O. SANJAY SHETTEMMANAVAR AGE. 43 YEARS, OCC. HOUSEHOLD, R/O. 38/4, ‘SHOBA’, SUNAGAR CHAWL, OPP. DISTRICT COURT COMPLEX, P B ROAD, DHARWAD.

¶2074

…RESPONDENTS

¶2075

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R1; SRI. C.V.ANGADI, ADV. FOR R2 TO R4; R6-SERVED)

¶2076

¶2077

IN WA NO.100567 OF 2022:

¶2078

BETWEEN:

¶2079

THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY TO GOVT., DEPT. OF URBAN DEVELOPMENT, VIKASA SOUDHA, BENGALURU-560001.

¶2080

…APPELLANT

¶2081

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV.)

¶2082

164 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2083

AND:

¶2084

SANJAY S/O. SHANKRAPPA SHETTEMMAVAR AGED ABOUT 48 YEARS, OCC. BUSIENSS, R/O. 38/4, 'SHOBA’, SUNAGAR CHAWL, OPP. DISRICT COURT COMPLEX, P B ROAD, TQ AND DIST: DHARWAD.

¶2085

SMT. BHAGYALAXMI W/O. SANJAY SHETTEMMANAVR AGE. 43 YEARS, OCC. HOUSEHOLD, R/O. 38/4, ‘SHOBA’, SUNAGAR CHAWL, OPP. DISTRICT COURT COMPLEX, P B ROAD, TQ AND DIST: DHARWAD.

¶2086

THE CHIEF ENGINEER KARNATAKA ROAD DEVELOPMENT CORPORATION LIMITED, NO.16, J MILLER TANK BED AREA, TMMAYYA ROAD CROSS, BENGALURU -560002.

¶2087

HUBBALLLI- DHARWAD BRTC COMPANY LTD., REPRESENTED BY ITS MANAGING DIRECTOR 2^ND FLOOR, B BLOCK, HOSUR INTERCHANGE BUILDING, NEW COURT ROAD, PO: VIDYANAGAR, HOSUR, HUBBALLI-580021, TALUK: HUBBALLI, DIST: DHARWAD.

¶2088

THE SPECIAL LAND ACQUISITION OFFICER KRDCL/HDBRTS, 2^ND FLOOR, B BLOCK, HOSUR INTERCHANGE BUILDING, NEW COURT ROAD, PO: VIDYANAGAR, HOSUR, HUBBALLI-580021, TALUK: HUBBALLI, DIST: DHARWAD.

¶2089

THE COMMISSIONER HUBBLLI-DHARWAD URBAN DEVELOPMENT AUTHORITY, HUBBLLI.

¶2090

…RESPONDENTS

¶2091

(BY SRI. C.V.ANGADI, ADV. FOR R3 TO R5; SRI.B.SHARANABASAWA, ADV. FOR R6; SRI. V.M.SHEELVANT, ADV. FOR R4; R1 AND R2-SERVED)

¶2092

165 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2093

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, A) CALL FOR THE RECORDS IN WP NO. 109564-109565/2016 DATED 22.12.2021, AND AFTER EXAMINING THE SAME.B) QUASH THE IMPUGNED ORDER DATED 22.12.2021 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO. 109564109565/2016.

¶2094

IN WA NO.100295 OF 2022:

¶2095

BETWEEN:

¶2096

HUBBALLI-DHARWAD MUNICIAPAL CORPORATION R/BY ITS- THE COMMISSIONER, HUBBALLI, DIST. DHARWAD.

¶2097

…APPELLANT

¶2098

(BY SRI. V.M.SHEELVANT, ADVOCATE)

¶2099

AND:

¶2100

SANJAY S/O. SHANKARAPPA SHETTEMMANAVAR AGED 47 YEARS, OCC. BUSINESS, R/O. 38/4, SHOBHA, SUNAGAR CHAWAL, OPP. DISTRICT COURT COMPLEX, P B ROAD, DHARWAD.

¶2101

SMT. BHAGYALAXMI W/O. SANJAY SHETTEMMANAVAR, AGED 43 YEARS, OCC. HOUSEHOLD, R/O. 38/4, SHOBHA SUNAGAR CHAWAL, OPP. DISTRICT COURT COMPLEX, P B ROAD, DHARWAD.

¶2102

THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, M S BUILDING, BENGALURU -01, BY ITS PRINCIPAL SECRETARY.

¶2103

CHIEF ENGINEER, KRDCL NO.16, J MILLER TANK BED AREA, TMMAYYA ROAD CROSS, BENGALURU-560002.

¶2104

HUBBALLI DHARWAD BRTS COMPANY LTD. OFFICE OF BRTS, 1ST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD, BY ITS MANAGING DIRECTOR.

¶2105

166 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2106

THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 1ST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD.

¶2107

THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA ROAD DEVELOPMENT CORPOATION LIMITED/HDBRTS.

¶2108

…RESPONDENTS

¶2109

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R3; SRI. C.V.ANGADI, ADV. FOR R4 TO R7)

¶2110

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, SET ASIDE THE ORDER DATED 22/12/2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.109564-109565/2016 (LA-RES), IN THE INTEREST OF JUSTICE AND EQUITY.

¶2111

IN WA NO.100563 OF 2022:

¶2112

BETWEEN:

¶2113

THE STATE OF KARNATAKA REPRESENTED BY SECRETARY URBAN DEVELOPMENT DEPARTMENT, NO.504, 5^TH FLOOR, 4^TH GATE, M.S.BUILDING, AMBEDKAR VEEDHI, BENGALURU -560001.

¶2114

…APPELLANT

¶2115

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV.)

¶2116

AND:

¶2117

SMT. ANJANA W/O. BASAVARAJA BAVALATTI SINCE DECEASED BY HER LRs.,

¶2118

1(A). BASAVARAJ S/O. NAGAPPA BAVALATTI AGE: 69 YEARS, OCC: RETD., R/O. NO. 6641, SECTOR 10, ANJANEYANAGAR, MALAMARUTI EXTENSION, BELAGAVI.

¶2119

1(B). SMT. SHRUTI W/O. ABHISHEK PATIL AGE: 34 YEARS, OCC: PVT. SERVICE, R/O. NO. 6641, SECTOR 10, ANJANEYANAGAR, MALAMARUTI EXTENSION, BELAGAVI.

¶2120

- 167 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2121

1(C). SMT. TRUPTI W/O. KUSHAL YALAMALI AGE: 32 YEARS, OCC: PVT. SERVICE, R/O. NO. 6641, SECTOR 10, ANJANEYANAGAR, MALAMARUTI EXTENSION, BELAGAVI.

¶2122

THE LAND ACQUSITION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., HDBRTS OFFICE, FIRST FLOOR, KSFC BUILDING, RAYAPURA, DHARWAD-580009.

¶2123

THE DEPUTY DIRECTOR TOWN PLANING, HUBBLLI-DHARWD MUNICIPAL CORPORATION, HUBBLLI, DIST: DHARWAD-580001.

¶2124

…RESPONDENTS

¶2125

(BY SRI.K.L.PATIL, ADV. FOR R1(A) TO R1(C); SRI. C.V.ANGADI, ADV. FOR R3;

¶2126

SRI. V.M.SHEELVANT, ADV. FOR R2)

¶2127

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, CALL FOR THE RECORDS IN W.P. NO. 12114/2017 (LA-RES) DATED 22.12.2021, AND AFTER EXAMINING THE SAME; QUASH THE IMPUGNED ORDER DATED 22.12.2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P. NO. 112114/2017(LA-RES).

¶2128

IN WA NO.100477 OF 2022:

¶2129

BETWEEN:

¶2130

HUBBALLI DHARWAD MUNICIPAL CORPORATION HUBBALLI, DIST. DHARWAD, BY ITS COMMISSIONER.

¶2131

…APPELLANT

¶2132

(BY SRI. V M SHEELVANT, ADVOCATE)

¶2133

AND:

¶2134

SMT. ANJANA W/O. BASAVARAJA BAVALATTI SINCE DECEASED BY HER LRs.,

¶2135

1(A). BASAVARAJ S/O. NAGAPPA BAVALATTI AGE: 69 YEARS, OCC: RETD., R/O. NO. 6641, SECTOR 10, ANJANEYANAGAR, MALAMARUTI EXTENSION, BELAGAVI.

¶2136

- 168 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2137

1(B). SMT. SHRUTI W/O. ABHISHEK PATIL AGE: 34 YEARS, OCC: PVT. SERVICE, R/O. NO. 6641, SECTOR 10, ANJANEYANAGAR, MALAMARUTI EXTENSION, BELAGAVI.

¶2138

1(C). SMT. TRUPTI W/O. KUSHAL YALAMALI AGE: 32 YEARS, OCC: PVT. SERVICE, R/O. NO. 6641, SECTOR 10, ANJANEYANAGAR, MALAMARUTI EXTENSION, BELAGAVI.

¶2139

THE STATE OF KARNATAKA R/BY ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT, NO.504, 5TH FLOOR, 4TH GATE, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001.

¶2140

THE ASSISTANT COMMISSIONER LAND ACQUISITION OFFICER, KARNATAKA ROAD DEVELOPMENT, CORPORATION LTD., HDBRTS OFFICE, FIRST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD-580009.

¶2141

…RESPONDENTS

¶2142

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R2; SRI.K.L.PATIL, ADV. FOR R1(A) TO R1(C); SRI. C.V.ANGADI, ADV. FOR R3)

¶2143

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON’BLE COURT TO, WHEREFORE, THE APPELLANT MOST RESPECTFULLY PRAYS THAT THIS HON BLE COURT BE PLEASED TO ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED.22.12.2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P. NO.112114/2017 (LA-RES).

¶2144

IN WA NO.100057 OF 2023:

¶2145

BETWEEN:

¶2146

THE SPECIAL LAND ACQUISTION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO: VIDYANAGAR HOSUR, HUBBALLI -580021, TALUK. HUBBALLI, DIST. DHARWAD. OLD ADDRESS:

¶2147

- 169 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2148

THE ASSISTANT COMMISSIONER LAND ACQUISITION OFFICER, KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., HDBRTS OFFICE, FIRST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD.

¶2149

…APPELLANT

¶2150

(BY SRI. C V ANGADI.,ADVOCATE)

¶2151

AND:

¶2152

SMT. ANJANA W/O. BASAVARAJA BAVALATTI SINCE DECEASED BY HER LRs.,

¶2153

1(A). BASAVARAJ S/O. NAGAPPA BAVALATTI AGE: 69 YEARS, OCC: RETD., R/O. NO. 6641, SECTOR 10, ANJANEYANAGAR, MALAMARUTI EXTENSION, BELAGAVI.

¶2154

1(B). SMT. SHRUTI W/O. ABHISHEK PATIL AGE: 34 YEARS, OCC: PVT. SERVICE, R/O. NO. 6641, SECTOR 10, ANJANEYANAGAR, MALAMARUTI EXTENSION, BELAGAVI.

¶2155

1(C). SMT. TRUPTI W/O. KUSHAL YALAMALI AGE: 32 YEARS, OCC: PVT. SERVICE, R/O. NO. 6641, SECTOR 10, ANJANEYANAGAR, MALAMARUTI EXTENSION, BELAGAVI.

¶2156

THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, NO. 504, 5^TH FLOOR, 4^TH GATE, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001.

¶2157

THE DEPUTY DIRECTOR TOWN PLANNING, HUBBALLI-DHARWAD MUNICIPAL CORPORATION, HUBBALLI, DIST. DHARWAD.

¶2158

…RESPONDENTS

¶2159

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R2; SRI.K.L.PATIL, ADV. FOR R1(A) TO R1(C); SRI. V.M.SHEELVANT, ADV. FOR R3)

¶2160

170 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2161

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON’BLE COURT TO, PLEASED TO A) TO ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED 22/12/2021 PASSED IN WP NO. 112114/2017 (LA-RES); TO DISMISS W.P. NO. 112114/2017 (LA-RES).

¶2162

IN WA NO.100523 OF 2022:

¶2163

BETWEEN:

¶2164

THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, NO. 504, 5^TH FLOOR, 4^TH GATE, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001.

¶2165

…APPELLANT

¶2166

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W

¶2167

SRI. G.K.HIREGOUDAR, GOVT. ADV.)

¶2168

AND:

¶2169

DILIPKUMAR S/O. BABULAL MUNOTH AGED: 43 YEARS, OCC: BUSINESS, R/O: F-9, FIRST FLOOR, KALYANI COMFORTS, BEHIND JAIN MANDIR ROAD, KUSUGAL ROAD, KESHWAPUR HUBBALLI, TALUK: HUBBALLI, DIST: DHARWAD.

¶2170

THE COMMISSIONER DIRECTOR OF URBN LAND TRANSPORT URBAN DEVELOPMENT BMTC TIMC ‘B’ BLOCK, 4^TH FLOOR, SHANTINAGAR, K.H.ROAD, BENGALURU-560002.

¶2171

THE COMMISSIONER HUBBALLI -DHARWAD MUNICIPAL CORPORATION, HUBBALLI, TAL: HUBBALLI, DIST: DHARWAD.

¶2172

THE CHIEF ENGINEER KRDCL LIMITED, NO.16, 2ND CLOOR, SAMPARKA SOUDHA, OPP ORION MALL, DR RAJKUMAR RD. RAJAJINAGAR, BENGAKLURU, KARNATAKA-560010.

¶2173

THE MANAGING DIRECTOR HUBBALLI - DHARWAD BRTS COMPANY LTD, 2ND FLOOR, B BLOCK,

¶2174

- 171 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2175

NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO. VIDYANAGR, HOSUR, HUBBALLI-580021 TALUK. HUBBALI, DIST. DHARWAD.

¶2176

THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO: VIDYANAGAR, HOSUR, HUBBALLI-580021, TALUK: HUBBALLI, DIST: DHARWAD.

¶2177

THE EXECUTIVE ENGINEER KRDCL NO.13, 3^RD MAIN ROAD, DOLLARS COLONY, NEAR VATSALAYA HOSPITAL, GOKUL ROAD, HUBBALLI-580030.

¶2178

…RESPONDENTS

¶2179

(BY SRI.K.L.PATIL, ADV. FOR R1; SRI. V.M.SHEELVANT, ADV. FOR R3; SRI.C.V.ANGADI, ADV. FOR R4 TO R7; R2-SERVED)

¶2180

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, (A) ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 22-12-2021 PASSED IN W.P.NO.104728/2016 (LA-RES).(B) TO DISMISS W.P.NO.104728/2016 (LARES).

¶2181

IN WA NO.100085 OF 2023:

¶2182

BETWEEN:

¶2183

HUBBALLI-DHARWAD MUNICIPAL CORPORATION R/BY THE COMMISIONER, HUBBALLI, DIST. DHARWAD-580001.

¶2184

…APPELLANT

¶2185

(BY SRI. V.M.SHEELVANT, ADVOCATE)

¶2186

AND:

¶2187

DILIPKUMAR S/O. BABULAL MUNOTH AGE. 44 YEARS, OCC. BUSINESS, R/O. F-9, 1ST FLOOR, KALYANI CONFORTS BEING JAIN MANDIR, KUSUGAL ROAD, KESHWAPUR HUBBALLI, DIST. DHARWAD-580001.

¶2188

172 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2189

THE STATE OF KARNATAKA REPRESENTED BY SECRETARY, URBAN DEVELOPMENT, NO.504, 5TH FLOOR, 4TH GATE, M S BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001.

¶2190

THE COMMISSIONER DIRECTOR OF URBAN LAND TRANSPORT URBAN DEVELOPMENT DEPARTMENT BMTC, TIMC B BLOCK, 4TH FLOOR, SHANTI NAGAR, K H ROAD,

¶2191

BENGALURU-560002.

¶2192

THE CHIEF ENGINEER KRDCL NO.16, J MILLER TANK BED AREA, TMMAYYA ROAD CROSS, BENGALURU-560002.

¶2193

MANAGING DIRECTOR HUBBALLI DHARWAD BRTS CO.LTD. 1ST FLOOR, KSFC BUILDING, RAYAPUR, P B ROAD, DHARWAD-580009.

¶2194

SPL. LAND ACQUISITION OFFICER AND THE ASSISANT COMMISSIONER, KRDCL, HDBRTSC OFFICE, 1ST FLOOR, KSFC BUILDING, RAYAPUR, P B ROAD, DHARWAD-09.

¶2195

EXECUTIVE ENGINEER KRDCL NO. 16, 3RD MAIN ROAD, DOLLARS COLONY, NEAR VASTALLYA HOSPITAL, GOKUL ROAD, HUBLI.

¶2196

…RESPONDENTS

¶2197

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R2 AND R3; SRI.K.L.PATIL, ADV. FOR R1; SRI. C.V.ANGADI, ADV. FOR R4 TO R7)

¶2198

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, PLEASED TO ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 22/12/2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.104728/2016 (LA-RES), IN THE INTEREST OF JUSTICE AND EQUITY.

¶2199

173 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2200

IN WA NO.100126 OF 2023:

¶2201

BETWEEN:

¶2202

HUBBALLI -DHARWAD URBAN DEVELOPMENT AUTHORITY, REP.BY ITS COMMISSIONER, NAVANAGAR, TQ. HUBBALLI, DIST. DHARWAD-580001.

¶2203

…APPELLANT

¶2204

(BY SRI. B SHARANABASAWA, ADVOCATE)

¶2205

AND:

¶2206

THE STATE OF KARNATAKA REPRESENTED BY SECRETARY, URBAN DEVELOPMENT DEPARTMENT, NO.504, 4TH FLOOR, 4TH GATE M.S.BUILDING, AMBEDKAR VEEDHI, BENGALURU-01.

¶2207

THE COMMISSIONER DIRECTOR OF URBAN LAND TRANSPORT URBAN DEVELOPMENT DEPARTMENT BMTC, TIMC B BLOCK, 4TH FLOOR, SHANTI NAGAR, K H ROAD, BENGALURU-560002.

¶2208

THE COMMISSIONER HUBBALLI DHARWAD MUNICIPAL CORPORATION, HUBBALLI, DIST. DHARWAD-580001.

¶2209

CHIEF ENGINEER KRDCL NO.16, N MILLER TANK BED AREA, TMMAYYA ROAD CROSS, BENGALORE-560002.

¶2210

MANAGING DIRECTOR HUBBALLI DHARWAD BRTS CO.LTD. 1ST FLOOR, KSFC BUILDING, RAYAPUR, P B ROAD, DHARWAD-580009.

¶2211

SPL. LAND ACQUISITION OFFICER AND THE ASSISANT COMMISSIONER, KRDCL, HDBRTSC OFFICE, 1ST FLOOR, KSFC BUILDING, RAYAPUR, P B ROAD, DHARWAD-09.

¶2212

- 174 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2213

EXECUTIVE ENGINEER, KRDCL, NO. 16, 3RD MAIN ROAD, DOLLARS COLONY, NEAR VASTALLYA HOSPITAL, GOKUL ROAD, HUBBALLI-580001.

¶2214

DILIPKUMAR S/O. BABULAL MUNOTH AGE. 44 YEARS, OCC. BUSINESS, R/O. F-9, 1ST FLOOR, KALYANI CONFORTS BEING JAIN MANDIR, KUSUGAL ROAD, KESHWAPUR HUBBALLI, DIST. DHARWAD-580001.

¶2215

…RESPONDENT

¶2216

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R1; SRI.K.L.PATIL, ADV. FOR R8; SRI. C.V.ANGADI, ADV. FOR R4 TO R7; SRI.V.M.SHEELVANT, ADV. FOR R3)

¶2217

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT BE PLEASED TO ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND ORDER DATED 22.12.2021 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO. 104728/2016 BY DISMISSING THE WRIT PETITION.

¶2218

IN WA NO.100129 OF 2023:

¶2219

BETWEEN:

¶2220

THE COMMISSIONER HUBBALLI-DHARWAD MUNCIPAL CORPORATION, HUBBALLI, DIST. DHARWAD.

¶2221

…APPELLANT

¶2222

(BY SRI. V M SHEELVANT, ADVOCATE)

¶2223

AND:

¶2224

CHAMANSAB S/O. ALLABHKSHA PATHAN AGED 57 YEARS, R/O: P.B.ROAD, DHARWAD.

¶2225

ADAMKHAN S/O. ALLABHAKSHA PATHAN AGED 45 YEARS, R/O. P.B.ROAD, DHARWAD.

¶2226

THE STATE OF KARNATAKA REPRESENTED BY SECRETARY URBAN DEVELOPMENT DEPARTMENT,

¶2227

- 175 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2228

NO. 504, 5^TH FLOOR, 4TH GATE, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001.

¶2229

THE COMMISSIONER DIRECTOR OF URBAN LAND TRANSPORT URBAN DEVELOPMENT DEPARTMENT, BMTC, TIMC B BLOCK, 4TH FLOOR, SHANTI NAGAR K.H.ROAD, BENGALURU-560002.

¶2230

CHEIF ENGINEER KRDCL, NO. 16 J MILLER TANK BED AREA, TIMMAYYA ROAD CROSS, BENGALURU-560002.

¶2231

MANAGING DIRECTOR HUBBALLI-DHARWAD BRTS CO. LTD., 1ST FLOOR, KSFC BUILDING, RAYAPUR, P.B.ROAD, DHARWAD-580009.

¶2232

SPL. LAND ACQUISITION OFFICER AND THE ASSITANT COMMISSIONER KRDCL, HDBRTSC OFFICE 1ST FLOOR, KSFC BUILDING, RAYAPUR, P.B.ROAD, DHARWAD-09.

¶2233

EXECUTIVE ENGINEER KRDCL, NO. 16, 3RD MAIN ROAD DOLLORS COLONY, NEAR VASTALLAYA HOSPITAL, GOKUL ROAD, HUBLI.

¶2234

…RESPONDENTS

¶2235

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R3; SRI. C.V.ANGADI, ADV. FOR R5 TO R8)

¶2236

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON’BLE COURT BE PLEASED TO, ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 22/12/2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P. NO. 103483/2016(LA-RES).

¶2237

IN WA NO.100056 OF 2023:

¶2238

BETWEEN:

¶2239

HUBBALLI -DHARWAD MUNICIPAL CORPORATION R/BY ITS THE COMMISSIONER HUBBALLI, DIST. DHARWAD-580001.

¶2240

…APPELLANT

¶2241

(BY SRI. V M SHEELVANT.,ADVOCATE)

¶2242

176 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2243

AND:

¶2244

ANAND S/O. CHANDRAKANT JANAMANE AGED. 50 YEARS, OCC. BUSINESS, R/O: KAMAL KUNJA, BUILDING, YALAKKISHETTAR COLONY, P.B.ROAD, DHARWAD-580001.

¶2245

THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, M S BUILDING, BENGALURU-01, BY ITS PRINCIPAL SECRETARY.

¶2246

CHIEF ENGINEER KRDCL NO. 16, J MILLER TANK BED AREA TIMMAYYA ROAD CROSS, BENGALURU-560002.

¶2247

HUBBALLI DHARWAD BRTS COMPANY LTD OFFICE OF BRTS, 1ST FLOOR, KSFC BUILDING, RAYAPUR, DHARWAD-580001, BY ITS MANAGING DIRECTOR.

¶2248

THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 1ST FLOOR, KSFC BUILDING RAYAPUR, DHARWAD-580001.

¶2249

THE COMMISSIONER HUBBALLI DHARWAD URBAN DEVELOPMENT AUTHORITY, HUBBALLI.

¶2250

…RESPONDENTS

¶2251

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R2; SRI. C.V.ANGADI, ADV. FOR R3 TO R5; SRI. B.SHARANABASAWA, ADV. FOR R6)

¶2252

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, PLEASED TO ALLOW THE APPEAL AND SET ASIDE THE ORDER DATED 22/12/2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.106159/2016 (LA-RES), IN THE INTEREST OF JUSTICE AND EQUITY.

¶2253

177 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2254

IN WA NO.100298 OF 2023:

¶2255

BETWEEN:

¶2256

THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 2ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO. VIDYANAGR, HOSUR, HUBBALLI-580021 TALUK. HUBBALI, DIST. DHARWAD, OLD ADDRESS: SPECIAL AND ACQUISITION OFFICER AND THE ASSISTANT COMMISSIONER, KRDCL, HDBRTSC BUILDING, 1^ST FLOOR, KSFC BUILDING, P.B.ROAD, DHARWAD-580009.

¶2257

THE MANAGING DIRECTOR HUBBALLI-DHARWAD BRTS COMPANY LTD., 2ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO. VIDYANAGR, HOSUR, HUBBALLI-580021 TALUK. HUBBALI, DIST. DHARWAD, OLD ADDRESS: MANAGING DIRECOTR, HUBBALLI-DHARWAD BRTS CO. LTD., 1^ST FLOOR, KSFC BUILDING, RAYAPUR, P.B.ROAD, DHARWAD-580009.

¶2258

…APPELLANT

¶2259

(BY SRI. C V ANGADI.,ADVOCATE)

¶2260

AND:

¶2261

DILIPKUMAR S/O. BABULAL MUNOTH AGED. 43 YEARS, OCC. BUSINESS, R/O. F-9, FIRST FLOOR, KALYANI COMFORTS, BEHIND JAIN MANDIR ROAD, KUSUGAL ROAD, KESHWAPUR HUBBALLI, TALUK. HUBBALLI, DIST. DHARWAD.

¶2262

THE STATE OF KARNATAKA REPRESENTED BY THE SECRETARY, URBAN DEVELOPMENT DEPARTMENT, 504-5TH FLOOR, 4TH GATE,

¶2263

- 178 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2264

M S BUILDING, AMBEDKAR VEEDHI, BENGALURU 560001.

¶2265

THE COMMISSIONER DIRECTOR OF URBAN LAND TRANSPORT URBAN DEVELOPMENT DEPARTMENT, BMTC TIMC, B BLOCK, 4TH FLOOR, SHANTI NAGAR, K H ROAD, BENGALURU 560002.

¶2266

THE COMMISSIONER HUBBALLI-DHARWAD MUNICIPAL CORPORATION, HUBBALLI, TAL. HUBBALLI, DIST. DHARWAD.

¶2267

THE CHIEF ENGINEER KRDCL LIMITED, NO.16, 2ND FLOOR, SAMPARKA SOUDHA, OPP ORION MALL, DR. RAJKUMAR ROAD, RAJAJINAGAR, BENGALURU, KARNATAKA 560010, OLD ADDRESS: CHIEF ENGINEER

¶2268

KRDCL NO. 16, J MILLER TANK BED AREA, TIMMAYYA ROAD CROSS, BANGALORE-560002.

¶2269

THE EXECUTIVE ENGINEER KRDCL NO.16, 3RD MAIN ROAD, DOLLARS COLONY, NEAR VATSALAYA HOSPITAL, GOKUL ROAD, HUBBALLI 580030.

¶2270

…RESPONDENTS

¶2271

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R2; SRI. K.L.PATIL, ADV. FOR R1; SRI. B.SHARANABASAWA, ADV. FOR R3; SRI.V.M.SHEELVANT ADV. FOR R4)

¶2272

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON’BLE COURT TO, (A) ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 22-12-2021 PASSED IN W.P.NO.104728/2016 (LARES)(B) DISMISS W.P.NO.104728/2016 (LA-RES).

¶2273

IN WA NO.100430 OF 2022:

¶2274

BETWEEN:

¶2275

THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT,

¶2276

179 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2277

NO. 504, 5^TH FLOOR, 4^TH GATE, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001.

¶2278

…APPELLANT

¶2279

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV.)

¶2280

AND:

¶2281

GIRISH S/O. SHANKARAO CHINCHORE SINCE DECEASED BY HIS LRs.,

¶2282

1(A). SMT. SUJATA W/O. GIRISH CHINCHORE AGE: 52 YEARS, OCC: HOUSEWIFE, R/O. MARATHA COLONY, DHARWAD.

¶2283

1(B). CHINMAYA W/O. GIRISH CHINCHORE AGE: 28 YEARS, OCC: PVT. SERVICE, R/O. MARATHA COLONY, DHARWAD.

¶2284

THE COMMISSIONER DIRECTOR OF URBAN LAND TRANSPORT URBAN DEVELOPMENT, BMTC TIMC ‘B’ BLOCK, 4^TH FLOOR, SHANTINAGAR, K.H.ROAD, BENGALURU-560002.

¶2285

THE COMMISSIONER HUBBALLI -DHARWAD MUNICIPAL CORPORATION, HUBBALLI, TAL: HUBBALLI, DIST: DHARWAD.

¶2286

THE CHIEF ENGINEER KRDCL LIMITED, NO.16, 2ND CLOOR, SAMPARKA SOUDHA, OPP ORION MALL, DR RAJKUMAR RD. RAJAJINAGAR, BENGAKLURU, KARNATAKA-560010.

¶2287

THE MANAGING DIRECTOR HUBBALLI - DHARWAD BRTS COMPANY LTD, 2ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING, NEW COURT ROAD, PO. VIDYANAGAR, HOSUR, HUBBALLI-580021 TALUK. HUBBALI, DIST. DHARWAD.

¶2288

THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., 2^ND FLOOR, B BLOCK, NWKRTC NEW DEPOT BUILDING,

¶2289

180 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2290

NEW COURT ROAD, PO: VIDYANAGAR, HOSUR, HUBBALLI-580021, TALUK: HUBBALLI, DIST: DHARWAD.

¶2291

THE EXECUTIVE ENGINEER KRDCL NO.13, 3^RD MAIN ROAD, DOLLARS COLONY, NEAR VATSALAYA HOSPITAL, GOKUL ROAD, HUBBALLI-580030.

¶2292

…RESPONDENTS (BY SRI.K.L.PATIL AND SRI.S.S.BETURMATH, ADVOCATES FOR R1(A) & R1(B); SRI. G.I.GACHCHINAMATH, ADV. FOR R3; SRI.C.V.ANGADI, ADV. FOR R4 TO R7; R2-SERVED)

¶2293

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON’BLE COURT TO, (A) ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 22-12-2021 PASSED IN W.P.NO.103485/2016 (LA-RES); TO DISMISS W.P.NO.103485/2016 (LARES).

¶2294

IN WA NO.100071 OF 2023:

¶2295

BETWEEN:

¶2296

HUBBALLI-DHARWAD URBAN DEVELOPMENT AUTHORITY, REP. BY ITS COMMISSIONER, NAVANAGAR, TQ: HUBBALLI, DIST. DHARWAD-580001.

¶2297

…APPELLANT

¶2298

(BY SRI. B.SHARANABASAWA, ADVOCATE)

¶2299

AND:

¶2300

THE STATE OF KARNATAKA REP. BY SECRETARY, URBAN DEVELOPMENT DEPARTMENT, NO.504, 5TH FLOOR, 4RTH GATE, M S BUILDING, AMBEDKAR VEEDHI, BENGALURU-5600001.

¶2301

THE COMMISSIONER DIRECTOR OF URBAN LAND TRANSPORT URBAN DEVELOPMENT DEPARTMENT BMTC, TIMC B BLOCK, 4TH FLOOR, SHANTI NAGAR, K H ROAD, BENGALURU-560002.

¶2302

181 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2303

THE COMMISSIONER HUBBALLI DHARWAD MUNICIPAL CORPORATION, HUBBALLI, DIST. DHARWAD.

¶2304

CHIEF ENGINEER KRDCL NO.16, J MILLER TANK BED AREA, TIMMAYYA ROAD CROSS, BANGALORE -560002.

¶2305

MANAGING DIRECTOR HUBBALLI DHARWAD BRTS COMPANY LTD., 1ST FIRST FLOOR, KSFC BUILDING, RAYAPUR, P B ROAD, DHARWAD-580009.

¶2306

SPL. LAND ACQUISITION OFFICER AND THE ASSISTANT COMMISSIONER KRDCL, HDBRTS OFFICE, 1ST FLOOR, KSFC BUILDING, RAYAPUR, P B ROAD, DHARWAD-580009.

¶2307

EXECUTIVE ENGINEER, KRDCL, NO.16, 3RD MAIN ROAD, DOLLARS COLONY, NEAR VASTALLYA HOSPITAL, GOKUL ROAD, HUBBALLI.

¶2308

GIRISH S/O. SHNAKARAO CHINDHORE SINCE DECEASED BY HIS LRs.,

¶2309

8(A). SMT. SUJATA W/O. GIRISH CHINCHORE AGE: 52 YEARS, OCC: HOUSEWIFE, R/O. MARATHA COLONY, DHARWAD.

¶2310

8(B). CHINMAYA W/O. GIRISH CHINCHORE AGE: 28 YEARS, OCC: PVT. SERVICE, R/O. MARATHA COLONY, DHARWAD.

¶2311

…RESPONDENTS

¶2312

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R1 AND R2; SRI.K.L.PATIL AND SRI.S.S.BETURMATH, ADVOCATES FOR R1(A) & R1(B);

¶2313

SRI. B.SHARANABASAWA, ADV. FOR R3; SRI.V.M.SHEELVANT ADV. FOR R4)

¶2314

182 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2315

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, PLEASED TO ALLOW THIS APPEAL AND SET-ASIDE THE JUDGMENT AND ORDER DTD.22.12.2021, PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.103485/2016, BY DISMISSING THE WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.

¶2316

IN WA NO.100305 OF 2023:

¶2317

BETWEEN:

¶2318

THE COMMISSIONER HUBBALLI-DHARWAD MUNCIPAL CORPORATION HUBBALLI, DIST. DHARWAD.

¶2319

…APPELLANT

¶2320

(BY SRI. B.SHARANABASAWA, ADVOCATE) AND:

¶2321

GIRISH S/O. SHNAKARAO CHINDHORE SINCE DECEASED BY HIS LRs.,

¶2322

1(A). SMT. SUJATA W/O. GIRISH CHINCHORE AGE: 52 YEARS, OCC: HOUSEWIFE, R/O. MARATHA COLONY, DHARWAD.

¶2323

1(B). CHINMAYA W/O. GIRISH CHINCHORE AGE: 28 YEARS, OCC: PVT. SERVICE, R/O. MARATHA COLONY, DHARWAD.

¶2324

THE STATE OF KARNATAKA REPRESENTED BY SECRETARY URBAN DEVELOPMENT DEPARTMENT NO. 504, 5^TH FLOOR, 4^TH GATE, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560 001.

¶2325

THE COMMISSIONER DIRECTOR OF URBAN LAND TRANSPORT

¶2326

- 183 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2327

URBAN DEVELOPMENT DEPARTMENT, BMTD, TIMC B BLOCK, 4TH FLOOR SHANTI NAGAR, K.H.ROAD, BENGALURU-560002.

¶2328

CHEIF ENGINEER KRDCL NO. 16 J MILLER TANK BED AREA TIMMAYYA ROAD CROSS, BENGALURU-560 002.

¶2329

MANAGING DIRECTOR HUBBALLI DHARWAD BRTS CO. LTD 1ST FLOOR, KSFC BUILDING, RAYAPUR, P.B.ROAD, DHARWAD-580009.

¶2330

SPL. LAND ACQUISITION OFFICER AND THE ASSITANT COMMISSIONER, KRDCL, HDBRTSC OFFICE, 1ST FLOOR, KSFC BUILDING RAYAPUR, P.B.ROAD, DHARWAD-09.

¶2331

EXECUTIVE ENGINEER KRDCL, NO. 16, 3RD MAIN ROAD DOLLORS COLONY, NEAR VASTALLAYYA HOSPITAL, GOKUL ROAD, HUBLI.

¶2332

…RESPONDENTS

¶2333

(BY SRI. GANGADHAR J.M., ADDL. ADV. GENERAL A/W SRI. G.K.HIREGOUDAR, GOVT. ADV. FOR R2 AND R3; SRI.K.L.PATIL AND SRI.S.S.BETURMATH, ADVOCATES FOR R1(A) & R1(B); SRI.C.V.ANGADI, ADV. FOR R4 TO R7)

¶2334

THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, SET ASIDE THE ORDER DATED 22/12/2021 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.103485/2016 (LA-RES), IN THE INTEREST OF JUSTICE AND EQUITY.

¶2335

THESE WRIT APPEALS COMING ON FOR PRELIMINARY HEARING THIS DAY, S.R.KRISHNA KUMAR J., DELIVERED THE FOLLOWING:

¶2336

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¶2337

COMMON JUDGMENT

¶2338

Office objections are over-ruled. In these batch of writ appeals, wherever interlocutory applications have been filed for condonation of delay, the same are hereby allowed and delay in preferring the appeal/s are hereby condoned.

¶2339

All these intra-court appeals arise out of the impugned common order dated 22.12.2021 passed in W.P.No.108208/2016 and connected matters, whereby all the petitions filed by the private respondents-writ petitioners were allowed by the learned Single Judge.

¶2340

In all the petitions filed by the respective land owners-writ petitioners, the State Government, the Hubballi-Dharwad Municipal Corporation (HDMC), the Hubballi-Dharwad Urban Development Authority (HDUDA) and the Karnataka Road Development Corporation Limited (KRDCL) were arrayed as some of the respondents. However, the KRDCL was arrayed as respondent in all the writ petitions.

¶2341

The subject matter of all the petitions arise out of a Notification issued in the year 2012 by the State Government under

¶2342

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¶2343

Section 15 of the Karnataka Highways Act, 1964 (for short, ‘the KH Act’) for acquisition of land for widening of the State Highway No.73. The writ petitioners claimed to be the owners and occupants of portions of the subject lands which were sought to be acquired for road widening. It was contended that except for few cases where some of the writ petitioners had acquired right by way of documents executed by the Karnataka Industrial Areas Development Board (KIADB) in their favour, the katha/revenue records stand in their respective names and the name of KIADB is continued in some of the revenue records. It is further contended that by virtue of several documents such as sale deeds, lease-cumsale agreements, lease deeds, etc., executed in their favour by their respective predecessors as well as KIADB, respective writ petitioners had become owners of respective portions of land sought to be acquired, much prior to issuance of Section 15 Notification in the year 2012 for the benefit of KRDCL for the purpose of road widening for BRTS Project. It was also contended that at the time of issuance of said Section 15 notification, the names of respective writ petitioners were shown as kathedars/anubhavadars except a few cases where the name of KIADB was shown, since khata had not been changed from the

¶2344

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¶2345

name of KIADB to the writ petitioners at the time of issuance of the notification.

¶2346

The common grievance of all the writ petitioners in all the petitions is that despite being owners in possession and enjoyment of the respective portions of land sought to be acquired and their names having been shown as khatedars/anubhavadars in the notifications issued under Section 15 of the KH Act, at the time of passing the award, the Special Land Acquisition Officer has come to the conclusion that the respective writ petitioners are not entitled to compensation on the sole ground that the portions of land sought to be acquired are part and parcel of road margin area of the aforesaid State Highway No.73 sought to be widened and consequently, the writ petitioners are not entitled for compensation for the acquired lands under the award. Pursuant to the said award, endorsements have been issued to the writ petitioners stating that since the acquired lands were part of the road margin, they were not entitled to compensation. Under these circumstances, the respective writ petitioners approached this Court seeking quashing of the endorsements and the award, seeking compensation in their favour in respect of the acquired lands.

¶2347

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¶2348

In all the petitions, the KRDCL was the main contesting party and filed statement of objections; in some of the petitions, HDUDA filed its statement of objections; however, neither the State nor the HDMC filed their statement of objections in any of the petitions.

¶2349

The common defence of KRDCL and HDUDA in the petitions was that the properties sought to be acquired was part and parcel of the road margin area and the same did not belong to the writ petitioners, who were not entitled to compensation. It was contended that at the time of granting sanction/approval to the layout plan, the writ petitioners had voluntarily undertaken that they would hand over the road margin area free of cost in favour of HDMC and on this ground also, the writ petitioners were not entitled to compensation. It was further contended that insofar as the cases wherein plans were sanctioned prior to the Karnataka Urban Development Authority Act, 1987 (for short, ‘the KUDA Act’) came into force, the layouts were sanctioned/approved in accordance with the prevailing Master Plan which provided for road margin area to be left out by the respective developers and since the said road margin area had been sold in favour of the writ

¶2350

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¶2351

petitioners and / or their predecessors they were not entitled for compensation.

¶2352

The KRDCL and HDUDA also contended that having obtained approval under Section 32 of the KUDA Act, the writ petitioners were obligated to transfer a portion of land earmarked for road widening in terms of Section 32(5) and were not entitled to claim compensation in respect of the said road margin area. It was further contended that having accepted the approval/sanction of the plan, subject to the condition that they would relinquish their rights over the subject lands for road widening at a future date free of cost in favour of the authorities, the writ petitioners were not entitled to approbate and reprobate and claim compensation when the subject lands were acquired for road widening. It was also contended that the writ petitioners and their predecessors were encroachers and were not entitled to any compensation in respect of the acquired lands. It was further contended that the writ petitioners had purchased/acquired land in excess of the lands available for sale from their predecessors and since the subject lands proposed to be acquired fall within the excess lands, the writ petitioners are not entitled to compensation. It was therefore

¶2353

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¶2354

contended that there was no merit in the writ petitions and the same were liable to be dismissed.

¶2355

The learned Single Judge extracted the pleadings of the parties and noticed that there were different categories of land owners who had filed the writ petitions viz.,

¶2356

a) Multi-site layout plot/site owners where layout plans were approved/sanctioned under the Karnataka Town and Country Planning Act, 1961(for short, the ‘KTCP Act’)

¶2357

b) Single commercial unit plot/site owners where layout plans were approved/sanctioned under KUDA Act.

¶2358

c) Multi-site layouts formed by KIADB and allotted in favour of the writ petitioners with the layout plans having been sanctioned/approved under KTCP Act.

¶2359

d) Layouts approved in favour of KIADB under the KTCP Act and thereafter allotted in favour of the writ petitioners.

¶2360

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¶2361

After considering the rival contentions, the learned Single Judge formulated the following points for consideration:

¶2362

a) Whether the acquired properties in question, which were earmarked for widening of National 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?

¶2363

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?

¶2364

The learned Single Judge proceeded to pass the impugned order answering both the points in favour of the writ petitioners and allowed the petitions. While doing so, the learned Single Judge took into account the various statutory provisions contained in the KH Act, KUDA Act, KTCP Act and KIAD Act and came to the concision that none of the statutory provisions can be interpreted, construed or understood as depriving writ petitioners from their claim to compensation on account of acquisition of their lands for the purpose of road widening. The learned Single Judge

¶2365

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¶2366

also came to the conclusion that Section 32(5) of the KUDA Act was not applicable to the facts of the case insofar as single plot commercial land owners are concerned and the same cannot be pressed into service by the KRDCL and other respondents for the purpose of denying compensation in favour of the land owners. Point No.2 was also answered in favour of the writ petitioners by the learned Single Judge who held that merely because some of the land owners had undertaken that they would abide by the terms and conditions of sanction/approval by handing over portions of land meant for road widening free of cost in favour of HDMC, the said undertaking given by the respective writ petitioners cannot operate as estoppel and be made the basis to deprive the land owners of compensation, which is violative of Article 300-A of the Constitution of India. Under these circumstances, the learned Single Judge proceeded to allow the writ petitions by passing the impugned order, which is assailed in the present writ appeals.

¶2367

We have heard learned counsel appearing for both the parties and perused the material on record.

¶2368

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¶2369

A perusal of the material on record will indicate that the KRDCL, HDUDA, the State Government and the HDMC have filed separate appeals challenging the impugned common order.

¶2370

In addition to reiterating the various contentions urged in the memorandum of appeals and referring to the material on record, learned counsel for the KRDCL submitted that the properties sought to be acquired were situated in the road margin area and the learned Single Judge erred in awarding compensation in favour of the writ petitioners. It was also contended that the writ petitioners did not have title over the acquired lands, since the same was in excess of land earmarked for residential use under the sanctioned plan issued under the KTCP Act in favour of their predecessor-in-title and as such, the writ petitioners were not entitled to compensation. It was further contended that since some of the writ petitioners had specifically undertaken to hand over portion of the land for the purpose of road widening in terms of conditions imposed at the time of sanction/approval, they were not entitled to seek compensation at the time of acquisition of lands. It was submitted that though the names of the writ petitioners and KIADB were shown in Section 15 Notification, the KRDCL

¶2371

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¶2372

subsequently came to know that the lands proposed to be acquired did not belong to the respective writ petitioners and accordingly, got the revenue records changed to the name of HDMC and KRDCL proceeded to pass the award refusing to grant compensation in favour of the writ petitioners, which is correct and proper and did not warrant interference of this Court in the writ petitions. It was therefore submitted that the impugned order passed by the learned Single Judge deserves to be set aside.

¶2373

Learned counsel for the HDUDA would adopt the submissions made by learned counsel appearing on behalf of KRDCL and contends that the impugned order passed by the learned Single Judge was contrary to the law and facts and deserves to be set aside. In addition thereto, it was contended by the learned counsel for the HDUDA that since some of the writ petitioners in whose favour single plot had been approved and sanctioned had unequivocally undertaken to abide by the terms and conditions of the sanctioned/approval of layout plan in their favour, whereby they had agreed to handover and relinquish portion of the road margin area for the purpose of road widening, they were not entitled to approbate and reprobate and claim

¶2374

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¶2375

compensation in respect of the road margin area. It was contended that the approval/sanction granted in favour of the single plot commercial owners was under the Zoning Regulations, which permits imposition of such a condition and the writ petitioners were bound by the said condition and were not entitled to seek compensation. It was therefore submitted that the impugned order passed by the learned Single Judge deserves to be set aside and writ petitions were liable to be dismissed. In support of his contentions, relied upon the following decisions:-

¶2376

(i) Shirdi Nagar Panchayat vs. Kishor Sharad Borawake and Others – 2023 SCC OnLine SC 1214.

¶2377

(ii) Narayanrao Jagobaji Gowande Public Trust vs. State of Maharastra and Others – (2016) 4 SCC 443.

¶2378

(iii) Indian Express Newspapers (Bombay) Private Ltd., and Others vs. Union of India and Others – (1985) 1 SCC 641.

¶2379

(iv) State of T.N. and Another vs. P.Krishnamurthy and Others – (2006) 4 SCC 517.

¶2380

(v) Kerala Samsthana Chethu Thozhilali Union vs. State of Kerala and others – (2006) 4 SCC 327.

¶2381

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¶2382

(vi) Yellappa Mudukappa Itagi and Others vs. HubliDharwad Urban Development Authority and Others – ILR 2007 KAR 755.

¶2383

(vii) Dr.Radhakrishna Co-operative Housing Society Limited and Others vs. Government of Karnataka, Housing and Urban Development Department, Bangalore and Others – 1999(2) KarLJ 637.

¶2384

(viii) Ranga Rao Deshpande vs. Hubli Dharwad Muncipal Corporation and others – Writ Petition No.20807/2001 (LB-RES) dated 24.02.2006 of High Court of Karnataka, Bangalore.

¶2385

Learned AAG for the State submits that since most of the defences had already been put forth by the KRDCL and HDUDA, separate statements of objections had not been filed by the State Government in the writ petitions. It is however submitted that the learned Single Judge failed to consider and appreciate that the road margin area was part of all sanctioned/ approved layout plans issued in terms of the prevailing master plan and since the lands proposed to be acquired fell within the road margin area notified under the State Highways Act as well as under the Master plan, the writ petitioners were not entitled to seek compensation. It was also contended that by virtue of Section 32(5) of the KUDA Act in respect of approvals/sanction granted subsequent to 1987 and

¶2386

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¶2387

also by virtue of Section 17 of the KTCP Act in relation to approval/sanction granted prior to 1987, the respective writ petitioners and their predecessors were not entitled to seek compensation in respect of lands earmarked for road margin area and as such, they were not entitled to compensation on this ground

¶2388

also, especially when they had encroached upon Government lands. In support of his contentions, learned AAG relied upon the following decisions:-

¶2389

(i) The District Collector, Collectorate Buildings, Salem vs. Siddeswaran – 2009 SCC OnLine Mad 1087.

¶2390

(ii) Uttar Pradesh Public Service Commission vs. Madhu Rana and Others – (2012) 12 SCC 132.

¶2391

(iii) State of Haryana and Others vs. Sushila and Others – 2023 SCC OnLine SC 42.

¶2392

(iv) Delhi Development Authority vs. Narvada Devi and others – (2023) 5 SCC 646.

¶2393

(v) Dr.Radhakrishna Co-operative Housing Society Limited, Hosur, Hubli and Others vs. Government of Karnataka, Housing and Urban Development Department, Bangalore and Others – 1999(2) KarLJ 637.

¶2394

(vi) Yellappa Mudukappa Itagi and Others vs. The Hubli-Dharwad Urban Development Authority and Others – ILR 2007 KAR 755.

¶2395

197 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2396

(vii) Shirdi Nagar Panchayat vs. Kishor Sharad Borawake and Others – 2023 SCC OnLine SC 1214.

¶2397

(viii) M/s.Maratt Private Limited and another vs. Bruhat Bengaluru Mahanagara Palike and others – Writ Petition No.52945/2016(LB-BMP) dated 02.08.2022, High Court of Karnataka, Bengaluru.

¶2398

(ix) Smt.H.M.Sandya @ H.M.Sandhya Aras vs. Shimoga Development Authority – Writ Petition No.13804/2015(LB-RES) dated 20.06.2022, High Court of Karnataka, Bengaluru.

¶2399

Learned counsel for the HDMC which has also preferred appeals submits that he adopts the submissions made on behalf the KRDCL, HDUDA and State Government and submits that the impugned order deserves to be set aside.

¶2400

Per Contra, learned Senior Counsel and other counsel appearing for the respective writ petitioners would support the impugned order and submit that there is no merit in the appeals and the same were liable to be dismissed. In support of their contentions, reliance is placed on the following judgments:-

¶2401

(i) Hari Krishna Mandir Trust vs. State of Maharashtra and others – (2020) 9 SCC 356.

¶2402

198 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2403

(ii) K.T.Plantation Private Limited and Another vs. State of Karnataka – (2011) 9 SCC 1.

¶2404

(iii) State of Goa and Another vs. Gopal Baburao Gaudo and Others – (2009) 10 SCC 686.

¶2405

(iv) Nagangouda Patil vs. The Deputy Commissioner and others – Writ Petition No.64990/2009 (KLR-CON) dated 05.12.2013, High Court of Karnataka, Dharwad Bench.

¶2406

(v) The Deputy Commissioner, Haveri and another vs. Shri Nagangouda Patil and another – W.A.No.100411/2019 (KLR-CON) dated 06.12.2019 of High Court of Karnataka Dharwad Bench.

¶2407

(vi) Dr.Arun Kumar B.C., vs. State of Karnataka and others – Writ Petition No.9408/2020 (LB-BMP) and connected matters dated 17.01.2022 of High Court of Karnataka, Bengaluru.

¶2408

(vii) Sri Vinod Damji Patel vs. The Hoskote Yojana Pradhikara and another – Writ Petition No.15103/2022 (LB-RES) dated 17.04.2023 of High Court of Karnataka, Bengaluru.

¶2409

(viii) M/s.SNN Abode LLP vs. The State of Karnataka and others – Writ Petition No.2856/2016 (LBRES) dated 04.07.2023 of High Court of Karnataka, Bengaluru.

¶2410

We have given our anxious consideration to the rival

¶2411

submissions and perused the material on record.

¶2412

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¶2413

Before adverting to the rival contentions, it is necessary to note that it is the specific contention of the writ petitioners that non-payment of compensation in their favour by the appellants towards acquisition of their lands was violative of Article 300-A of the Constitution of India; the said contention is sought to be opposed by the appellants on various grounds including stating that the subject lands, which were situated abutting State Highway No.73 had been earmarked for the purpose of road widening both in the prevailing Master plan and the approved / sanctioned Layout plan, as a result of which, the writ petitioners would not be entitled to claim compensation. In this context, it is relevant to state that there is no gainsaying the fact that the constitutional right to property guaranteed under Article 300-A of the Constitution of India has been recognized and affirmed in favour of the land losers by the Apex Court and this Court repeatedly in several judgments.

¶2414

The Constitution Bench of the Apex Court in KT Plantation’s case supra, held as under:-

¶2415

131. Right to life, liberty and property were once considered to be inalienable rights under the Indian Constitution, each one of these rights was considered to be inextricably bound to the other and none would exist

¶2416

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¶2417

without the other. Of late, right to property parted company with the other two rights under the Indian Constitution and took the position of a statutory right. Since ancient times, debates are going on as to whether the right to property is a “natural” right or merely a creation of “social convention” and “positive law” which reflects the centrality and uniqueness of this right. Property rights at times are compared to right to life which determine access to the basic means of sustenance and considered as prerequisite to the meaningful exercise of other rights guaranteed under Article 21.

¶2418

132. Eminent thinkers like Hugo Grotius, Pufendorf, John Locke, Rousseau and William Blackstone had expressed their own views on the right to property. Lockean rhetoric of property as a natural and absolute right but conventional in civil society has, its roots in Aristotle and Aquinas, for Grotius and Pufendorf property was both natural and conventional. Pufendrof, like Grotius, never recognised that the rights to property on its owners are absolute but involve definite social responsibilities, and also held the view that the private property was not established merely for the purpose of “allowing a man to avoid using it in the service of others, and to brood in solitude over his hoard of riches.” Like Grotius, Pufendorf recognised that those in extreme need may have a right to the property of others. For Rousseau, property was a conventional civil right and not a natural right and private property right was subordinate to the public interest, but Rousseau insisted that it would never be in the public interest to violate them.

¶2419

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¶2420

133. With the emergence of modern written constitutions in the late eighteenth century and thereafter, the right to property was enshrined as a fundamental constitutional right in many of the constitutions in the world and India was not an exception. Blackstone declared that so great is the regime of the law for private property that it will not authorise the least violation of it—no, not even for the general good of the whole community. Writings of the abovementioned political philosophers had also its influence on the Indian Constitution as well.

¶2421

141. Eminent domain is distinguishable alike from the police power, by which restriction are imposed on private property in the public interest e.g. in connection with health, sanitation, zoning regulation, urban planning and so on from the power of taxation, by which the owner of private property is compelled to contribute a portion of it for the public purposes and from the war power, involving the destruction of private property in the course of military operations. The police power fetters rights of property while eminent domain takes them away. Power of taxation does not necessarily involve a taking of specific property for public purposes, though analogous to eminent domain as regards the purposes to which the contribution of the taxpayer is to be applied. Further, there are several significant differences between regulatory exercises of the police powers and eminent domain of deprivation of property. Regulation does not acquire or appropriate the property for the State, which appropriation does and regulation is imposed severally and individually, while

¶2422

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¶2423

expropriation applies to an individual or a group of owners of properties.

¶2424

142. [Ed.: Para 142 corrected vide Official Corrigendum No. F.3/Ed.B.J./45/2011 dated 26-8-2011.] The question whether the “element of compensation” is necessarily involved in the idea of eminent domain arouses much controversy. According to one school of thought (see Lewis, Eminent Domain, 3rd Edn., 1909) opined that this question must be answered in the negative, but another view (see Randolph Eminent Domain in the United States [Boston, 1894 (AWR)], the claim for compensation is an inherent attribute of the concept of eminent domain.

¶2425

154. The Constitution was again amended by the Seventeenth Amendment Act of 1964, by which the State extended the scope of Article 31-A and Schedule IX to protect certain agrarian reforms enacted by the Kerala and Madras States and jagir, inam, muafi or any other grant, janmam, ryotwari, etc. were included within the meaning of “estate”. It also added the second proviso to clause (1) to protect a person of being deprived of land less than the relevant land ceiling limits held by him for personal cultivation, except on payment of full market value thereof by way of compensation.

¶2426

156. Speaking for the Bench, Subba Rao, J. in P. Vajravelu Mudaliar case [AIR 1965 SC 1017 : (1965) 1 SCR 614] stated that: (AIR p. 1025, para 16)

¶2427

“16. … If the legislature, though ex facie purports to provide for compensation or indicates the principles for ascertaining the same, but in effect and substance takes

¶2428

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¶2429

away a property without paying compensation for it, it will be exercising power which it does not possess. If the legislature makes a law for acquiring a property by providing for an illusory compensation or by indicating the principles for ascertaining the compensation which do not relate to the property acquired or to the value of such property at or within a reasonable proximity of the date of acquisition or the principles are so designed and so arbitrary that they do not provide for compensation at all, one can easily hold that the legislature made the law in fraud of its powers.”

¶2430

Subba Rao, J. reiterated his view in Union of India v. Metal Corpn. of India Ltd. [AIR 1967 SC 637]

¶2431

166. Article 300-A, when examined in the light of the circumstances under which it was inserted, would reveal the following changes:

¶2432

1. Right to acquire, hold and dispose of property has ceased to be a fundamental right under the Constitution of India.

¶2433

2. Legislature can deprive a person of his property only by authority of law.

¶2434

3. Right to acquire, hold and dispose of property is not a basic feature of the Constitution, but only a constitutional right.

¶2435

4. Right to property, since no more a fundamental right, the jurisdiction of the Supreme Court under Article 32 cannot be generally invoked, aggrieved person has to approach the High Court under Article 226 of the Constitution.

¶2436

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¶2437

167. Arguments have been advanced before us stating that the concept of eminent domain and its key components be read into Article 300-A and if a statute deprives a person of his property unauthorisedly, without adequate compensation, then the statute is liable to be challenged as violative of Articles 14, 19 and 21 and on the principle of the rule of law, which is the basic structure of our Constitution. Further, it was also contended that the interpretation given by this Court on the scope of Articles 31(1) and (2) in various judgments be not ignored while examining the meaning and content of Article 300-A.

¶2438

168. Article 300-A proclaims that no person can be deprived of his property save by authority of law, meaning thereby that a person cannot be deprived of his property merely by an executive fiat, without any specific legal authority or without the support of law made by a competent legislature. The expression “property” in Article 300-A confined not to land alone, it includes intangibles like copyrights and other intellectual property and embraces every possible interest recognised by law.

¶2439

169. This Court in State of W.B. v. Vishnunarayan and Associates (P) Ltd. [(2002) 4 SCC 134] , while examining the provisions of the West Bengal Great Eastern Hotel (Acquisition of Undertaking) Act, 1980, held in the context of Article 300-A that the State or executive officers cannot interfere with the right of others unless they can point out the specific provisions of law which authorises their rights.

¶2440

170. Article 300-A, therefore, protects private property against executive action. But the question that looms large

¶2441

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¶2442

is as to what extent their rights will be protected when they are sought to be illegally deprived of their properties on the strength of a legislation. Further, it was also argued that the twin requirements of “public purpose” and “compensation” in case of deprivation of property are inherent and essential elements or ingredients, or “inseparable concomitants” of the power of eminent domain and, therefore, of List III Entry 42, as well and, hence, would apply when the validity of a statute is in question.

¶2443

171. On the other hand, it was the contention of the State that since the Constitution consciously omitted Article 19(1)(f), Articles 31(1) and 31(2), the intention of Parliament was to do away the doctrine of eminent domain which highlights the principles of public purpose and compensation.

¶2444

172. Seervai in his celebrated book Constitutional Law of India (4th Edn.), spent a whole Chapter XIV on the Fortyfourth Amendment, while dealing with Article 300-A. In Para 15.2 (pp. 1157-58) the author opined that confiscation of property of innocent people for the benefit of private persons is a kind of confiscation unknown to our law and whatever meaning the word “acquisition” may have does not cover “confiscation” for, to confiscate means “to appropriate to the public treasury (by way of penalty)”. Consequently, the law taking private property for a public purpose without compensation would fall outside List III Entry 42 and cannot be supported by another entry in List III.

¶2445

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¶2446

173. Requirements of a public purpose and the payment of compensation, according to the learned author, be read into List III Entry 42. Further, the learned author has also opined that the repeal of Articles 19(1)(f) and 31(2) could have repercussions on other fundamental rights or other provisions which are to be regarded as part of the basic structure and also stated that notwithstanding the repeal of Article 31(2), the word “compensation” or the concept thereof is still retained in Article 30(1-A) and in the second proviso to Article 31-A(1) meaning thereby that payment of compensation is a condition of legislative power in List III Entry 42.

¶2447

174. The learned Senior Counsel Shri T.R. Andhyarujina, also referred to the opinion expressed by another learned author Prof. P.K. Tripathi, in his article “Right to Property After Forty-fourth Amendment—Better Protected Than Ever Before” [AIR 1980 Jour 49] . The learned author expressed the opinion that the right of the individual to receive compensation when his property is acquired or requisitioned by the State, continues to be available in the form of an implied condition of the power of the State to legislate on “acquisition or requisition of property” while all the exceptions and limitations set up against and around it in Articles 31, 31-A and 31-B have disappeared. The learned author opined that Article 300-A will require obviously, that the law must be a valid law and no law of acquisition or requisition can be valid unless the acquisition or requisition is for a public purpose, unless there is provision in law for paying compensation, will

¶2448

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¶2449

continue to have a meaning given to it, by Bela Banerjee case [AIR 1954 SC 170] .

¶2450

175. The learned author, Shri S.B. Sathe, in his article “Right to Property After the Forty-fourth Amendment: Reflections on Prof. P.K. Tripathi's Observations” [AIR 1980 Jour 97] , to some extent, endorsed the view of Prof. Tripathi and opined that the Forty-fourth Amendment has increased the scope of judicial review in respect of right to property. The learned author has stated although Article 300-A says that no one shall be deprived of his property save by authority of law, there is no reason to expect that this provision would protect private property only against executive action. The learned author also expresses the wish that Article 21 may provide viable check upon Article 300-A.

¶2451

176. Durga Das Basu in his book Shorter Constitution of India, 13^th Edn., dealt with Article 300-A in Chapter IV wherein the learned author expressed some reservation about the views expressed by Seervai, as well as Prof. Tripathi. The learned author expressed the view, that after the Forty-fourth Amendment Act there is no express provision in the Constitution outside the two cases specified under Article 30(1-A) and the second proviso to 31-A(1) requiring the State to pay compensation to an expropriated owner. The learned author also expressed the opinion that no reliance could be placed on the legislative List III Entry 42 so as to claim compensation on the touchstone of fundamental rights since the entry in a

¶2452

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¶2453

legislative list does not confer any legislative power but only enumerates fields of legislation.

¶2454

177. The learned counsel on the either side, apart from other contentions, highlighted the above views expressed by the learned authors to urge their respective contentions.

¶2455

178. The principles of eminent domain, as such, are not seen incorporated in Article 300-A, as we see, in Article 30(1-A), as well as in the second proviso to Article 31-A(1) though we can infer those principles in Article 300-A. The provision for payment of compensation has been specifically incorporated in Article 30(1-A) as well as in the second proviso to Article 31-A(1) for achieving specific objectives. The Constitution (Forty-fourth Amendment) Act, 1978 while omitting Article 31 brought in a substantive provision clause (1-A) to Article 30. Resultantly, though no individual or even educational institution belonging to majority community shall have any fundamental right to compensation in case of compulsory acquisition of his property by the State, an educational institution belonging to a minority community shall have such fundamental right to claim compensation in case the State enacts a law providing for compulsory acquisition of any property of an educational institution established and administered by a minority community. Further, the second proviso to Article 31-A(1) prohibits the legislature from making a law which does not contain a provision for payment of compensation at a rate not less than the market value which follows that a law which does not contain such provision shall be invalid and the acquisition proceedings would be rendered void.

¶2456

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¶2457

179. Looking at the history of the various constitutional amendments, judicial pronouncements and the Statement of Objects and Reasons contained in the Forty-fourth Amendment Bill which led to the Forty-fourth Amendment Act we have no doubt that the intention of Parliament was to do away with the fundamental right to acquire, hold and dispose of the property. But the question is whether the principles of eminent domain are completely obliterated when a person is deprived of his property by the authority of law under Article 300-A of the Constitution.

¶2458

182. We have found that the requirement of public purpose is invariably the rule for depriving a person of his property, violation of which is amenable to judicial review. Let us now examine whether the requirement of payment of compensation is the rule after the deletion of Article 31(2).

¶2459

183. Payment of compensation amount is a constitutional requirement under Article 30(1-A) and under the second proviso to Article 31-A(1), unlike Article 300-A. After the Forty-fourth Amendment Act, 1978, the constitutional obligation to pay compensation to a person who is deprived of his property primarily depends upon the terms of the statute and the legislative policy. Article 300-A, however, does not prohibit the payment of just compensation when a person is deprived of his property, but the question is whether a person is entitled to get compensation, as a matter of right, in the absence of any stipulation in the statute, depriving him of his property.

¶2460

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¶2461

184. Before answering those questions, let us examine whether the right to claim compensation on deprivation of one's property can be traced to List III Entry 42.

¶2462

185. The Constitution (Seventh Amendment) Act, 1956 deleted List I Entry 33, List II Entry 36 and reworded List III Entry 42 relating to “acquisition and requisitioning of property”. It was urged that the above words be read with the requirements of public purpose and compensation. Reference was placed on the following judgment of this Court in support of that contention. In State of Madras v. Gannon Dunkerley & Co. (Madras) Ltd. [AIR 1958 SC 560 : 1959 SCR 379] (SCR at p. 413) this Court considered Schedule VII List II Entry 48 of the Government of India Act, 1935, “Taxes on the sale of goods”, in accordance with the established legal sense of the word “sale”, which had acquired a definite precise sense and held that the legislature must have intended the “sale”, should be understood in that sense. But, we fail to see why we trace the meaning of a constitutional provision when the only safe and correct way of construing the statute is to apply the plain meaning of the words. List III Entry 42 has used the words “acquisition” and “requisitioning”, but Article 300-A has used the expression “deprivation”, though the word “deprived” or “deprivation” takes in its fold “acquisition” and “requisitioning”, the initial presumption is in favour of the literal meaning since Parliament is taken to mean as it says.

¶2463

186. A Constitution Bench of this Court in Hoechst Pharmaceuticals Ltd. case [(1983) 4 SCC 45 : 1983 SCC

¶2464

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¶2465

(Tax) 248] , held that the various entries in List III are not “powers” of legislation but “fields” of legislation. Later, a Constitution Bench of this Court in State of W.B. v. Kesoram Industries Ltd. [(2004) 10 SCC 201 : AIR 2005 SC 1646] held that Article 245 of the Constitution is the fountain source of legislative power. It provides that subject to the provisions of this Constitution, Parliament may make laws for the whole or any part of the territory of India, and the legislature of a State may make laws for the whole or any part of the State.

¶2466

187 [Ed.: Para 187 corrected vide Official Corrigendum No. F.3/Ed.B.J./45/2011 dated 26-8-2011.] The legislative field between Parliament and the legislature of any State is divided by Article 246 of the Constitution. Parliament has exclusive power to make laws with respect to any of the matters enumerated in Schedule VII List I, called the Union List and subject to the said power of Parliament, the legislature of any State has power to make laws with respect to any of the matters enumerated in List III, called the Concurrent List. Subject to the above, the legislature of any State has exclusive power to make laws with respect to any of the matters enumerated in List II, called the State List. Under Article 248, the exclusive power of Parliament to make laws extends to any matter not enumerated either in the Concurrent List or State List.

¶2467

188. We find no apparent conflict with the words used in List III Entry 42 so as to infer that the payment of compensation is inbuilt or inherent either in the words “acquisition and requisitioning” under List III Entry 42. Right

¶2468

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¶2469

to claim compensation, therefore, cannot be read into the legislative List III Entry 42.

¶2470

189. Requirement of public purpose, for deprivation of a person of his property under Article 300-A, is a precondition, but no compensation or nil compensation or its illusiveness has to be justified by the State on judicially justiciable standards. Measures designed to achieve greater social justice, may call for lesser compensation and such a limitation by itself will not make legislation invalid or unconstitutional or confiscatory. In other words, the right to claim compensation or the obligation to pay, though not expressly included in Article 300-A, it can be inferred in that article and it is for the State to justify its stand on justifiable grounds which may depend upon the legislative policy, object and purpose of the statute and host of other factors.

¶2471

190. Article 300-A would be equally violated if the provisions of law authorising deprivation of property have not been complied with. While enacting Article 300-A Parliament has only borrowed Article 31(1) (the “Rule of Law” doctrine) and not Article 31(2) (which had embodied the doctrine of eminent domain). Article 300-A enables the State to put restrictions on the right to property by law. That law has to be reasonable. It must comply with other provisions of the Constitution. The limitation or restriction should not be arbitrary or excessive or what is beyond what is required in public interest. The limitation or restriction must not be disproportionate to the situation or excessive.

¶2472

191. The legislation providing for deprivation of property under Article 300-A must be “just, fair and reasonable” as

¶2473

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¶2474

understood in terms of Articles 14, 19(1)(g), 26(b), 301, etc. Thus in each case, courts will have to examine the scheme of the impugned Act, its object, purpose as also the question whether payment of nil compensation or nominal compensation would make the impugned law unjust, unfair or unreasonable in terms of other provisions of the Constitution as indicated above.

¶2475

192. At this stage, we may clarify that there is a difference between “no” compensation and “nil” compensation. A law seeking to acquire private property for public purpose cannot say that “no compensation shall be paid”. However, there could be a law awarding “nil” compensation in cases where the State undertakes to discharge the liabilities charged on the property under acquisition and onus is on the Government to establish validity of such law. In the latter case, the Court in exercise of judicial review will test such a law keeping in mind the above parameters.

¶2476

193. Right to property no more remains an overarching guarantee in our Constitution, then is it the law, that such a legislation enacted under the authority of law as provided in Article 300-A is immune from challenge before a constitutional court for violation of Articles 14, 21 or the overarching principle of the rule of law, a basic feature of our Constitution, especially when such a right is not specifically incorporated in Article 300-A, unlike Article 30(1-A) and the second proviso to Article 31-A(1).

¶2477

198. Article 300-A, unlike Articles 31-A(1) and 31-C, has not made the legislation depriving a person of his property

¶2478

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¶2479

immune from challenge on the ground of violation of Article 14 or Article 21 of the Constitution of India, but let us first examine whether Article 21 as such is available to challenge a statute providing for no or illusory compensation and, hence, expropriatory.

¶2480

200. The question of applicability of Article 21 to the laws protected under Article 31-C also came up for consideration before this Court in State of Maharashtra v. Basantibai Mohanlal Khetan [(1986) 2 SCC 516] , wherein this Court held that Article 21 essentially deals with personal liberty and has little to do with the right to own property as such. Of course, the Court in that case was not concerned with the question whether the deprivation of property would lead to deprivation of life or liberty or livelihood, but was dealing with a case, where land was acquired for improving living conditions of a large number of people. The Court held that the land ceiling laws, laws providing for acquisition of land for providing housing accommodation, laws imposing ceiling on urban property, etc. cannot be struck down by invoking Article 21 of the Constitution.

¶2481

201. This Court in Jilubhai Nanbhai Khachar case [1995 Supp (1) SCC 596] took the view that the principle of unfairness of procedure attracting Article 21 does not apply to the acquisition or deprivation of property under Article 300-A.

¶2482

202. Acquisition of property for a public purpose may meet with a lot of contingencies, like deprivation of livelihood, leading to violation of Article 21, but that per

¶2483

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¶2484

se is not a ground to strike down a statute or its provisions. But at the same time, is it the law that a constitutional court is powerless when it confronts with a situation where a person is deprived of his property, by law, for a private purpose with or without providing compensation? For example, a political party in power with a massive mandate enact a law to acquire the property of the political party in opposition not for public purpose, with or without compensation, is it the law, that such a statute is immune from challenge in a constitutional court? Can such a challenge be rejected on the ground that statute does not violate the fundamental rights [due to deletion of Article 19(1)(f)] and that the legislation does not lack legislative competence? In such a situation, is non-availability of a third ground as propounded in State of A.P. v. McDowell & Co. [(1996) 3 SCC 709] , an answer?

¶2485

22. In the case of Hari Krishna Mandir Trust, the Apex

¶2486

Court held as under:-

¶2487

28. The High Court has failed to address the question of how the name of Pune Municipal Corporation could all of a sudden be shown as the owner of the internal road with effect from 4-3-1986, in complete disregard of all records. The High Court has, with the greatest of respect, failed to apply its mind to relevant facts, particularly the records of Pune Municipal Corporation with regard to property holders, the arbitrator's award dated 16-5-1972 under Section 72 of the Regional and Town Planning Act and the admission of Pune Municipal Corporation that the road did not belong to it, it was never acquired and that the name of Pune Municipal Corporation had wrongly been

¶2488

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¶2489

recorded. Rather, the High Court records that the respondent authorities have not disputed facts in their counter-affidavit, but only claimed that the land had vested under Section 88 and that it was not feasible to make changes in the scheme.

¶2490

29. The finding of the High Court that it was never the case of the petitioner that the land had not vested, is misconceived. First of all, there does not appear to be any admission of vesting on the part of the appellant Trust. In any case land can only vest in accordance with law. If the land has not vested, a mistaken admission would make no difference, for there can be no estoppel against the Constitution of India, or any statute.

¶2491

34. In 1966 the Maharashtra State Legislature enacted the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as “the Regional and Town Planning Act”) to make provision for planning and development and use of land in regions established for that purpose, and for the constitution of Regional Planning Boards therefor; to make better provision for the preparation of development plans with a view to ensuring that Town Planning Schemes are made in a proper manner and their execution is made effective; to provide for the creation of new towns by means of development authorities; to make provisions for the compulsory acquisition of land required for public purposes in respect of the plans; and for purposes connected therewith.

¶2492

50. None of the provisions referred to above enable the Planning Authority or any other authority to divest an owner of his/her property. Rather, Section 64 mandates that a draft scheme is to contain particulars of ownership area and tenure of each original plot. Any transfer or any alteration of boundary, amalgamation or separation has to be with the consent of the owner in view of the express mandate of Section 65. Implicit in Section 65 is that a transfer must be for consideration.

¶2493

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¶2494

92. From the records of the case, particularly the order dated 20-8-1970 of sub-division of Plot No. 473-B and the award of the arbitrator, it is patently clear that the name of Pune Municipal Commissioner was at no point of time reflected as holder of the private road. There is no whisper as to how the road came to be shown as in possession of Pune Municipal Commissioner nor of the procedure adopted for effecting changes, if any, in the property records.

¶2495

93. On perusal of the documents, there can be no doubt at all that the road in question measuring 444.14 sq m never belonged to Pune Municipal Corporation. In the property records, there was no private road. There were three plots, Nos. 473-B1, B2, B3 and 473-B4 shown as vacant land held by the owners of all the three adjacent plots.

¶2496

94. The Municipal Corporation was never shown as owner of the vacant plot or of any private road. Even assuming that there was any policy decision to have an approach road to every plot, it was incumbent upon the authorities concerned to acquire the land. On the other hand, the scheme clearly records that the same was based on entries in property records and the award of the arbitrator.

¶2497

96. The right to property may not be a fundamental right any longer, but it is still a constitutional right under Article 300-A and a human right as observed by this Court in Vimlaben Ajitbhai Patel v. Vatslaben Ashokbhai Patel [Vimlaben Ajitbhai Patel v. Vatslaben Ashokbhai Patel, (2008) 4 SCC 649, para 42] . In view of the mandate of Article 300-A of the Constitution of India, no person is to be deprived of his property save by the authority of law. The appellant Trust cannot be deprived of its property save in accordance with law.

¶2498

97. Article 300-A of the Constitution of India embodies the doctrine of eminent domain which comprises two parts, (i) possession of property in the public interest;

¶2499

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¶2500

and (ii) payment of reasonable compensation. As held by this Court in a plethora of decisions, including State of Bihar v. Project Uchcha Vidya, Sikshak Sangh [State of Bihar v. Project Uchcha Vidya, Sikshak Sangh, (2006) 2 SCC 545 at p. 574, para 69 : 2006 SCC (L&S) 355 : 5 SCEC 589] ; Jilubhai Nanbhai Khachar v. State of Gujarat [Jilubhai Nanbhai Khachar v. State of Gujarat, 1995 Supp (1) SCC 596] ; Bishambhar Dayal Chandra Mohan v. State of U.P. [Bishambhar Dayal Chandra Mohan v. State of U.P., (1982) 1 SCC 39 : 1982 SCC (Cri) 53] , the State possesses the power to take or control the property of the owner for the benefit of public. When, however, a State so acts it is obliged to compensate the injury by making just compensation as held by this Court in Girnar Traders v. State of Maharashtra [Girnar Traders v. State of Maharashtra, (2007) 7 SCC 555, paras 55 and 56] .

¶2501

98. It has been established beyond any iota of doubt that the private road admeasuring 414 sq m area had never been acquired by Pune Municipal Corporation. The right to property includes any proprietary interest, hereditary interest in the right of management of a religious endowment, as well as anything acquired by inheritance. However, laudable be the purpose, the executive cannot deprive a person of his property without specific legal authority, which can be established in a court of law.

¶2502

99. In case of dispossession, except under the authority of law, the owner might obtain restoration of possession by a proceeding for mandamus against the Government as held by this Court in Wazir Chand v. State of H.P. [Wazir Chand v. State of H.P., AIR 1954 SC 415 : 1954 Cri LJ 1029] Admittedly, no compensation has been offered or paid to the appellant Trust. As observed by this Court in K.T. Plantation (P) Ltd. v. State of Karnataka [K.T. Plantation (P) Ltd. v. State of Karnataka, (2011) 9 SCC 1 : (2011) 4 SCC (Civ) 414] , even though the right to claim compensation or the obligation of the State to pay

¶2503

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¶2504

compensation to a person who is deprived of his property is not expressly provided in Article 300-A of the Constitution, it is inbuilt in the Article. The State seeking to acquire private property for public purpose cannot say that no compensation shall be paid. The Regional and Town Planning Act also does not contemplate deprivation of a landholder of his land, without compensation. Statutory authorities are bound to pay adequate compensation.

¶2505

100. The High Courts exercising their jurisdiction under Article 226 of the Constitution of India, not only have the power to issue a writ of mandamus or in the nature of mandamus, but are duty-bound to exercise such power, where the Government or a public authority has failed to exercise or has wrongly exercised discretion conferred upon it by a statute, or a rule, or a policy decision of the Government or has exercised such discretion mala fide, or on irrelevant consideration.

¶2506

101. In all such cases, the High Court must issue a writ of mandamus and give directions to compel performance in an appropriate and lawful manner of the discretion conferred upon the Government or a public authority.

¶2507

102. In appropriate cases, in order to prevent injustice to the parties, the Court may itself pass an order or give directions which the Government or the public authorities should have passed, had it properly and lawfully exercised its discretion. In Director of Settlements, A.P. v. M.R. Apparao [Director of Settlements, A.P. v. M.R. Apparao, (2002) 4 SCC 638] . Pattanaik, J. observed: (SCC p. 659, para 17)

¶2508

“17. … One of the conditions for exercising power under Article 226 for issuance of a mandamus is that the court must come to the conclusion that the aggrieved person has a legal right, which entitles him to any of the rights and that such right has been infringed. In other words, existence of a legal right of a citizen and performance of any corresponding

¶2509

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¶2510

legal duty by the State or any public authority, could be enforced by issuance of a writ of mandamus, “mandamus” means a command. It differs from the writs of prohibition or certiorari in its demand for some activity on the part of the body or person to whom it is addressed. Mandamus is a command issued to direct any person, corporation, inferior courts or Government, requiring him or them to do some particular thing therein specified which appertains to his or their office and is in the nature of a public duty. A mandamus is available against any public authority including administrative and local bodies, and it would lie to any person who is under a duty imposed by a statute or by the common law to do a particular act. In order to obtain a writ or order in the nature of mandamus, the applicant has to satisfy that he has a legal right to the performance of a legal duty by the party against whom the mandamus is sought and such right must be subsisting on the date of the petition (seeKalyan Singh v. State of U.P. [Kalyan Singh v. State of U.P., AIR 1962 SC 1183] ). The duty that may be enjoined by mandamus may be one imposed by the Constitution, a statute, common law or by rules or orders having the force of law.”

¶2511

(emphasis in original)

¶2512

103. The Court is duty-bound to issue a writ of mandamus for enforcement of a public duty. There can be no doubt that an important requisite for issue of mandamus is that mandamus lies to enforce a legal duty. This duty must be shown to exist towards the applicant. A statutory duty must exist before it can be enforced through mandamus. Unless a statutory duty or right can be read in the provision, mandamus cannot be issued to enforce the same.

¶2513

104. The High Court is not deprived of its jurisdiction to entertain a petition under Article 226 merely because in

¶2514

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¶2515

considering the petitioner's right to relief, questions of fact may fall to be determined. In a petition under Article 226, the High Court has jurisdiction to try issues both of fact and law. Exercise of the jurisdiction is, it is true, discretionary, but the discretion must be exercised on sound judicial principles. Reference may be made inter alia to the judgments of this Court in Gunwant Kaur v. Municipal Committee, Bhatinda [Gunwant Kaur v. Municipal Committee, Bhatinda, (1969) 3 SCC 769] and State of Kerala v. M.K. Jose [State of Kerala v. M.K. Jose, (2015) 9 SCC 433] . In M.K. Jose [State of Kerala v. M.K. Jose, (2015) 9 SCC 433] , this Court held: (SCC pp. 442-43, para 16)

¶2516

“16. Having referred to the aforesaid decisions, it is obligatory on our part to refer to two other authorities of this Court where it has been opined that under what circumstances a disputed question of fact can be gone into. In Gunwant Kaur v. Municipal Committee, Bhatinda [Gunwant Kaur v. Municipal Committee, Bhatinda, (1969) 3 SCC 769] , it has been held thus: (SCC p. 774, paras 14-16)

¶2517

‘14. The High Court observed that they will not determine disputed question of fact in a writ petition. But what facts were in dispute and what were admitted could only be determined after an affidavit-in-reply was filed by the State. The High Court, however, proceeded to dismiss the petition in limine. The High Court is not deprived of its jurisdiction to entertain a petition under Article 226 merely because in considering the petitioner's right to relief questions of fact may fall to be determined. In a petition under Article 226 the High Court has jurisdiction to try issues both of fact and law. Exercise of the jurisdiction is, it is true, discretionary, but the discretion must be exercised on sound judicial principles. When the petition raises questions of fact of a complex nature, which

¶2518

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¶2519

may for their determination require oral evidence to be taken, and on that account the High Court is of the view that the dispute may not appropriately be tried in a writ petition, the High Court may decline to try a petition. Rejection of a petition in limine will normally be justified, where the High Court is of the view that the petition is frivolous or because of the nature of the claim made dispute sought to be agitated, or that the petition against the party against whom relief is claimed is not maintainable or that the dispute raised thereby is such that it would be inappropriate to try it in the writ jurisdiction, or for analogous reasons.

¶2520

15. From the averments made in the petition filed by the appellants it is clear that in proof of a large number of allegations the appellants relied upon documentary evidence and the only matter in respect of which conflict of facts may possibly arise related to the due publication of the notification under Section 4 by the Collector.

¶2521

16. In the present case, in our judgment, the High Court was not justified in dismissing the petition on the ground that it will not determine disputed question of fact. The High Court has jurisdiction to determine questions of fact, even if they are in dispute and the present, in our judgment, is a case in which in the interests of both the parties the High Court should have entertained the petition and called for an affidavit-in-reply from the respondents, and should have proceeded to try the petition instead of relegating the appellants to a separate suit.’”

¶2522

(emphasis in original and supplied) 105. In ABL International Ltd. v. Export Credit Guarantee Corpn. of India Ltd. [ABL International Ltd. v. Export Credit Guarantee Corpn. of India Ltd., (2004) 3 SCC 553] , this Court referring to previous judgments of

¶2523

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¶2524

this Court including Gunwant Kaur [Gunwant Kaur v. Municipal Committee, Bhatinda, (1969) 3 SCC 769] held: (ABL International Ltd. case [ABL International Ltd. v. Export Credit Guarantee Corpn. of India Ltd., (2004) 3 SCC 553] , SCC pp. 568-69 & 572, paras 19 & 27)

¶2525

“19. Therefore, it is clear from the above enunciation of law that merely because one of the parties to the litigation raises a dispute in regard to the facts of the case, the court entertaining such petition under Article 226 of the Constitution is not always bound to relegate the parties to a suit. In the above case of Gunwant Kaur [Gunwant Kaur v. Municipal Committee, Bhatinda, (1969) 3 SCC 769] this Court even went to the extent of holding that in a writ petition, if the facts require, even oral evidence can be taken. This clearly shows that in an appropriate case, the writ court has the jurisdiction to entertain a writ petition involving disputed questions of fact and there is no absolute bar for entertaining a writ petition even if the same arises out of a contractual obligation and/or involves some disputed questions of fact.

¶2526

***

¶2527

27. From the above discussion of ours, the following legal principles emerge as to the maintainability of a writ petition:

¶2528

(a) In an appropriate case, a writ petition as against a State or an instrumentality of a State arising out of a contractual obligation is maintainable.

¶2529

(b) Merely because some disputed questions of fact arise for consideration, same cannot be a ground to refuse to entertain a writ petition in all cases as a matter of rule;

¶2530

(c) A writ petition involving a consequential relief of monetary claim is also maintainable.”

¶2531

224 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2532

107. In the facts and circumstances of the instant case, in the light of admissions, on the part of the respondent authorities that the private road measuring 414 sq m was private property never acquired by Pune Municipal Corporation or the State Government, the respondents had a public duty under Section 91 to appropriately modify the scheme and to show the private road as property of its legitimate owners, as per the property records in existence, and or in the award of the arbitrator. In our considered opinion, the Bombay High Court erred in law in dismissing the writ petition with the observation that the land in question had vested under Section 88 of the Regional and Town Planning Act.

¶2533

The writ petitioners claim title over their respective portions of lands under various documents such as sale deeds, lease-cum-sale deeds, Wills, etc., executed in their favour prior to issuance of the Section 15 Notification and the revenue records had been mutated into the names of respective land owners prior to issuance of Notification under Section 15 of the KH Act. It was only at the time of passing the awards that the KRDCL came to the conclusion that the revenue records had been mutated/changed to the name of HDMC and since the acquired lands form part of road margin, writ petitioners were not entitled to compensation.

¶2534

In this context, it is relevant to state that the said change of revenue records by deleting the names of the respective writ

¶2535

225 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2536

petitioners and KIADB and inserting the name of HDMC was at the instance of HDUDA and the said change of revenue records were done without issuance of notice to the respective writ petitioners nor hearing them in accordance with law. Under these circumstances apart from the fact that the said mutation/change in revenue records are violative of principles of natural justice, mere change of revenue records subsequent to issuance of Section 15 notification, would neither take away the right of writ petitioners to claim compensation nor confer any right in favour of HDMC to either oppose claim of compensation or claim compensation in respect of acquired lands. It is therefore clear that the SLAO has clearly fell in error in coming to the conclusion that the land owners were not entitled to compensation on the ground that the revenue records had been changed into the name of HDMC and the learned Single Judge was fully justified in upholding the claim of the writ petitioners.

¶2537

A perusal of the impugned awards and Endorsement issued by the KRDCL for the purpose of declining to grant compensation in favour of the writ petitioners will indicate that the acquired lands fell within the road margin area and consequently,

¶2538

226 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2539

the writ petitioners were not entitled to compensation towards the acquisition. The expression ‘road margin’ had not been defined either under the KTCP Act, KUDA Act, Karnataka Municipal Corporation Act or any other statutory provision till recently when the expression ‘road margin’ has been defined under the Zoning Regulation, 2023.

¶2540

Section 7 of the KH Act empowers the State Government to demarcate and delineate buildings and control lines over the National Highways and State Highways. Invoking the said powers, the State Government has issued a Notification dated 09.05.1988 and Circular dated 22.12.2005 stipulating that no building should be constructed on either side of the State Highway to an extent of 40 meters from the centre of the State Highway and that there shall not be any construction in the said area, which is known as “no construction zone/road margin”. It is pertinent to note that the object behind delineating and area marking the said portion to an extent of 40 meters from the centre of the State Highway as “no construction zone/road margin” is for the limited purpose of ensuring that no construction comes up in the said area so as to enable easy acquisition for road widening at a future point in time

¶2541

227 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2542

and also to ensure that the cost of acquisition would be minimized and no hardship would be caused either to the State or persons who would otherwise put up construction within the said “no construction zone/road margin”. This aspect has been noticed by this Court in the case of Sri. A.R.Srinivasa Reddy Vs. Sri Singh

¶2543

and Others – Writ Petition No.2039/1998 dated 01.12.1999, wherein it is held as under:-

¶2544

"This is a writ petition filed by the petitioner in the nature of public interest litigation. The facts alleged in the writ petition are that the Bangalore-Bellary Road is National Highway No.7 and there is a Sales-Tax Checkpost situated after the Railway crossing outside the Bangalore City limits on N.H.7 and the entire land surrounding the checkpost office belongs to the State Government, Railway administration as well as to the Indian Medical Research Centre. It is alleged that the 1^st respondent has constructed and running a hotel/Dhaba in the name and style of M/s.Shiva Bar and Restaurant, without any authority over the land and in utter violation of the National Highway Act. That is challenged in the writ petition.

¶2545

When the facts were disputed, we had appointed a Commissioner to visit the spot and submit a report. The Commissioner has submitted a report stating therein that the 1^st respondent's Dhaba comes within 40 Mts. of the center of the road. The notification issued by the Government in this regard provides:

¶2546

228 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2547

"1. No building should be constructed on either side of the National Highway, State Highways and District Main roads to a width shown below. To such construction of shops, restaurants, hotels, no permission should be granted:

¶2548

From the	Center of the Road
a) National Highways	40 Meters
b) State Highways	40 Meters
c) District Main Road	25 Meters

¶2549

The Dhaba of the 1^st respondent is within 40 Mts. from the Centre of the road and in violation of the conditions prescribed in Annexure-A i.e., circular of the Government dated: 09.05.1988. Therefore, we direct the 1^st respondent to remove the entire construction within a period of four months from today. In case of failure to remove the same, the 2^nd respondent is directed to demolish and recover the cost from the 1^st respondent and to report compliance to the Registrar of this Court within two weeks after the expiry of the said four months.

¶2550

Respondents-Authorities are directed to strictly comply with the conditions in Annexure-A so that no construction is made on the Highways within the limits prescribed therein and they are further directed not to allow any construction to remain on the Highways which are constructed within the prescribed limits, within period of two months from today.

¶2551

Government Advocate is directed to communicate this order to all the authorities of the Government concerned.

¶2552

Writ petition allowed accordingly”.

¶2553

229 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2554

The aforesaid judgment was followed by the Hon’ble Division Bench of this Court in the case of Sri Dayanand B. Shetty vs. The Executive Engineer and others – Writ Petition No.36314/2019 dated 25.08.202, wherein it was held as under:

¶2555

“The petitioner before this Court has filed the present petition stating that Respondent Nos.6, 7, 8, 9 and 10 have illegally constructed the structures crossing the building line adjoining the National Highway, i.e., National Highway - 66. It has been further stated that no construction is permitted in "no construction zone" and as per the Circular issued by the State Government dated 22^nd December, 2005, "no construction zone" in respect of National Highway is upto 40 meters, State Highway is upto 40 meters and District main road is upto 25 meters. This Court by an order dated 26th February 2021, as the petitioner is a neighbor of the private respondents has treated the present Public Interest Litigation as a suo motu petition. Reply has been filed in the matter by Respondent Nos.6, 7, 8, 9 and 10 and it is not in dispute that the construction is in "no construction zone".

¶2556

2. The learned Senior Counsel appearing for National Highway Authority of India has argued before this Court that no construction can take place in the "no construction zone", keeping in view of Sections 7 and 9 of the Karnataka Highways Act, 1964 read with the Circular dated 22^nd December, 2005 issued by the State Government. He has also stated that similar controversy

¶2557

230 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2558

has already been adjudicated in Writ Petition No.2039 of 1998 decided by the Division Bench on 01^st December, 1999. It is not in dispute that the construction is within 40 meters from the National Highway and the statutory provisions have been violated while carrying out construction by Respondent Nos.7, 8, 9 and 10. The learned counsel for Respondent Nos.7, 8, 9 and 10 has also argued before this Court that the construction has been carried out after obtaining permission from the competent Authorities and the respondents are not at fault in the matter. It is true that permission was granted from time to time for construction of the building but the fact remains that the construction is in "no construction zone" and contrary to the statutory provisions. The Division Bench of this Court in the case of Sri A.R.Srinivasa Reddy Vs. Sri Singh and others in Writ Petition No.2039 of 1998 decided on 01^st December, 1999 has passed the following order:

¶2559

"This is a writ petition filed by the petitioner in the nature of public interest litigation. The facts alleged in the writ petition are that the BangaloreBellary Road is National Highway No.7 and there is a Sales-Tax Checkpost situated after the Railway crossing outside the Bangalore City limits on N.H.7 and the entire land surrounding the checkpost office belongs to the State Government, Railway administration as well as to the Indian Medical Research Centre. It is alleged that the 1^st respondent has constructed and running a hotel/Dhaba in the name and style of M/s.Shiva Bar and Restaurant, without any authority over the land and in utter violation of the National Highway Act. That is challenged in the writ petition.

¶2560

When the facts were disputed, we had appointed a Commissioner to visit the spot and submit a report. The Commissioner has submitted a report stating therein that the 1^st respondent's Dhaba

¶2561

231 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2562

comes within 40 Mts. of the center of the road. The notification issued by the Government in this regard provides:

¶2563

¶2564

From the Center of the Road a) National Highways 40 Meters b) State Highways 40 Meters c) District Main Road 25 Meters

¶2565

¶2566

¶2567

Government Advocate is directed to communicate this order to all the authorities of the Government concerned.

¶2568

Writ petition allowed accordingly”.

¶2569

3. The aforesaid judgment will make it very clear

¶2570

that there cannot be any construction within the area of 40 meters from the centre of the road being National Highway.

¶2571

4. In the light of the aforesaid judgment and also keeping in view of the statutory provisions and also as per the Circular dated 22^nd December, 2005 issued by the

¶2572

232 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2573

Government of Karnataka, the buildings constructed crossing the building line have to be demolished to the extent they are crossing the building line. The other important aspect of the matter is that the Authorities who have granted permission for such unauthorized constructions also deserves to be proceeded in accordance with law.

¶2574

Resultantly, the writ petition stands disposed of with the following terms:

¶2575

i) Respondent Nos.1 to 6 shall ensure that the constructions, which are within the "no construction zone", i.e., within 40 meters of the National Highway - 66 i.e, upto 40 meters away from the centre of the road are to be demolished within a period of sixty days from today.

¶2576

ii) The Chief Secretary or an Officer nominated by the Chief Secretary shall hold a fact finding enquiry in the matter for fixing the responsibility upon the persons who have granted such illegal permission in respect of the various building permissions granted within "no construction zone" and after conducting a fact finding enquiry, the State of Karnataka shall be free to initiate departmental enquiry/criminal prosecution, if law permits in accordance with law. The exercise of conducting fact finding enquiry be concluded within a period of two months from today”.

¶2577

In Gopal Baburao’s case supra, the Apex Court held as

¶2578

under:-

¶2579

233 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2580

“ 3. The petitioner alleges that the acquired land measuring 2715 sq m, was a narrow strip which fell within the 40 m margin from the centre of the highway where constructions were prohibited. It is contended that as the acquired land could not be used for construction, the land had to be considered as not having any development potential, and that therefore it could not be compared with the land (which was the subject-matter of LAC No. 48 of 1995) for which compensation had been determined having regard to its potential for development. It was also contended that being a narrow strip it was also not of much use even for agricultural purposes.

¶2581

4. A long strip of land measuring more than two-thirds of an acre lying alongside and adjoining the highway cannot be treated as a land without value or without any potential for development, merely on the ground that the law relating to highways prohibited construction on either side of the highway, up to a depth of 40 m from the centre of the highway. All that was required to create or realise potential of such land was to annex or merge the said strip of land with the land to its rear. In that event, the strip of land will become the “access” to the rear side land from the main road and will also become the frontage of the aggregate land, thereby enhancing the potential and value of the rear side land, as also creating a potential for its own use.

¶2582

5. The contention that a land adjoining the highway should be treated as having no development potential (and therefore as land without much value except as ordinary agricultural land), while considering the lands to its rear which are farther away from the road, or other adjoining lands of the same extent, but having more depth (so as to extend beyond the 40 m margin) as having potential for development, is illogical and cannot be accepted.

¶2583

6. We may demonstrate the absurdity of such a contention with reference to an illustration. Let us take the example of a residential plot of land measuring 60′ × 100′. Let us assume that the municipal bye-laws require a front (roadside) set-back of 20′ for construction of houses in a plot of that size. Therefore, the owner would leave a twenty feet wide front strip in the said plot free of any construction while putting up the construction in the plot. Obviously, he cannot thereafter construct in that front strip. Let us further assume that the front strip is acquired for road widening. Can the acquiring authority deny compensation to that strip

¶2584

234 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2585

on the ground that the said 20′ strip acquired for road widening could not in any event be used for any construction purpose and therefore, was not of any value? Obviously not.

¶2586

7. Therefore, determination of market value of the acquired land with reference to the value of comparable land cannot be faulted”.

¶2587

A perusal of the aforesaid Notification, Circular and judgments will indicate that the “no construction zone/road margin”

¶2588

is earmarked for the limited purpose of ensuring that no construction is undertaken in the said area; however, the said restriction placed upon the land owners from putting up construction cannot be construed or treated as preventing the land losers from claiming compensation in the event the lands were acquired for road widening; depriving the land owners from claiming compensation in the event of acquisition of their lands falling within “no construction zone/road margin” would clearly run counter and contrary to their constitutional rights guaranteed under Article 300-A of the Constitution of India; further, in the absence of any nexus/connection between the subject lands being allegedly demarcated /earmarked as “no construction zone/road margin” under the said Government notification/circular and the right of the land owners to receive compensation towards acquisition of the said lands, it could not be said that the petitioners were not entitled

¶2589

235 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2590

to receive compensation; in other words, demarcating/earmarking

¶2591

the subject lands for road widening would have the limited/restricted effect of preventing construction activity and would neither affect the right, title, interest or possession of the writ petitioners over the said lands nor their right to receive compensation upon acquisition for road widening and consequently, the said circumstance cannot be relied upon by the appellants to deprive the writ petitioners of their right to claim compensation or defeat their Constitutional Rights guaranteed under Article 300-A of the Constitution of India.

¶2592

Under these circumstances, in the light of the undisputed fact that the claim for compensation put forth by the writ petitioners had been rejected on the sole ground that the subject lands were earmarked/demarcated as road margin, we are of the considered opinion that the learned Single Judge was fully justified in upholding the claim of the writ petitioners and awarding them compensation towards acquisition of the subject lands.

¶2593

A perusal of the material on record including the impugned order passed by the learned Single Judge will indicate that in respective of layouts approved/sanctioned prior to the KUDA

¶2594

236 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2595

Act, plans had been sanctioned in favour of predecessors- in-title of the respective writ petitioners under the provisions of KTCP Act. So also, some of the layouts were approved in favour of KIADB and plots were allotted in favour of the respective writ petitioners. In all such cases, the sole criteria for awarding compensation would be their right over the said properties and not the provisions of either the KUDA Act or plans sanctioned in their favour under the KUDA Act, particularly when the writ petitioners had acquired the said lands by virtue of various registered documents, viz., lease-cumsale agreements, sale deeds, Wills, etc., executed in their favour by private persons as well as KIADB and the revenue records had been mutated into their respective names, which were undisputedly contained in the acquisition notifications; as stated supra, it was only prior to the award that the name of HDMC was clandestinely inserted in the revenue records by deleting the names of the writ petitioners without notifying them or initiating appropriate proceedings.

¶2596

Under these circumstances, in the absence of any material to rebut the claim of the writ petitioners or their right, title, interest or possession over the subject lands or their right to claim

¶2597

237 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2598

compensation, the learned Single Judge was completely justified in upholding claim of the land owners for compensation and the impugned order passed by the learned Single Judge does not warrant interference on this ground also.

¶2599

The appellants contend that the writ petitioners and their predecessors-in-title have encroached upon the subject lands, which were not part and parcel of the layouts available for sale upon their formation and were accordingly Government lands, in respect of which, the writ petitioners were not entitled to compensation. This contention urged by the appellants cannot be accepted for more than one reason; firstly, the said claim is conspicuously absent in the impugned awards and endorsements issued by the KRDCL intimating the writ petitioners that they are not entitled to compensation; secondly, the said contention was urged for the first time in the writ petitions and absolutely, no material was placed by the appellants to substantiate their claim, especially when they are not entitled to place reliance upon entries in the revenue records which were made out in the name of HDMC subsequent to issuance of the acquisition notifications; thirdly, the authorities had themselves granted approval/sanction for the

¶2600

238 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2601

layouts, accepted registered documents and done all acts, deeds and things recognizing the right, title, interest and possession of the writ petitioners and their predecessors-in-title over the subject lands apart from the fact that the appellants had not put forth any claim over the subject lands on the ground that there was encroachment. Under these circumstances, this contention of the appellants cannot be accepted for the first time in the present appeals, especially when no such contentions were urged in the writ petitions before the learned Single Judge.

¶2602

The appellants have also contended that once layout plans are approved/sanctioned under Section 17 of the KTCP Act and the subject lands are shown as road margin in the Master plan, the lands would automatically vest with the State and its authorities and the writ petitioners would not have any right over the lands nor can they claim compensation. In this context, it is relevant to state that the layouts in respect of the subject lands prior to 1987(when the KUDA Act came into force) were sanctioned under the KTCP Act and it would be profitable to extract Sections 17 and 69 of the KTCP Act, which reads as under:

¶2603

239 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2604

“17. Sanction for Sub-division of Plot or Lay-out of Private Street.

¶2605

(1) Every person who intends to sub-divide his plot or make or lay-out a private street on or after the date of the publication of the declaration of intention to prepare the outline development plan under sub-section (1) of section 10, shall submit the lay-out plan together with the prescribed particulars to the Planning Authority for sanction.

¶2606

(2) The Planning Authority may, within the prescribed period, sanction such plan either without modification or subject to such modifications and conditions as it considers expedient or may refuse to give sanction, if the Planning Authority is of opinion that such division or laying out is not in any way consistent with the proposals of the outline development plan.

¶2607

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

¶2608

(4) If any person does any work in contravention of sub-section (1) or in contravention of the modifications and conditions of the sanction granted under sub-section (2) or despite refusal for the sanction under the said sub-section (2), the Planning Authority may direct such person by notice in writing to stop any work in progress and after making an inquiry in the prescribed manner, remove or pull down any work or restore the land to its original condition.

¶2609

240 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2610

(5) Any expenses incurred by the Planning Authority under sub-section (4) shall be a sum due to the Planning Authority under this Act from the person in default.

¶2611

1[(6) Any person aggrieved by the decision of the Planning Authority under sub-section (2) or sub-section (4) may, within thirty days from the date of such decision appeal to such authority as may be prescribed.

¶2612

(7) The prescribed authority may after giving a reasonable opportunity of being heard to the appellant and the Planning Authority, pass such order as it deems fit, as far as may be, within four months from the date of receipt of the appeal.]

¶2613

69. Acquisition of Land Designated for Certain Purposes in a Development Plan.

¶2614

(1) The Planning Authority may acquire any land designated,

¶2615

(i) in an outline development plan for a purpose specified in clause (b), (c) or (d) of subsection (1) of section 12, or for any public purpose out of those specified in clause (a) of sub-section (1) of section 12; or

¶2616

(ii) in a comprehensive Development Plan for public purposes, by agreement or under the Land Acquisition Act, 1894, (Central Act I of 1894), as in force in the State. If the land is acquired under the Land Acquisition Act, 1894, the provisions of the said Act as amended by section 72 of this Act shall

¶2617

241 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2618

apply to the determination of compensation for the acquisition of such land.

¶2619

(2) If the designated land is not acquired by agreement within five years from the date the comprehensive Development Plan is published under subsection (4) of section 22, or if the proceedings under the Land Acquisition Act, 1894, are not commenced within such period, the owner or any person interested in the land may serve notice to the Planning Authority and if within six months from the date of the service of such notice, the land is not acquired or no steps as aforesaid are commenced for its acquisition, the designation shall be deemed to have lapsed.

¶2620

A perusal of Section 17 supra, will clearly indicate that

¶2621

the same does not contemplate vesting of the area adjacent to the State Highway and earmarked for road widening with the State and its authorities upon granting approval/sanction to the layout plan; Section 17 also does not provide for vesting of the said lands if they are shown for road purpose in the Master plan; on the other hand, Section 69 of the KTCP Act specifically mandates that such lands designated in the Master plan as ‘public purpose/road’ should be necessarily acquired under the Land Acquisition Act leading to the sole inference that compensation would be payable to the land owners upon such acquisition. It is therefore clear that mere

¶2622

242 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2623

designation of the subject lands as ‘road margin’ in the Master plan would either vest the lands with the State and its authorities nor would affect the right of the writ petitioners over the subject lands including their right to claim compensation and consequently, even this contention of the appellants cannot be accepted.

¶2624

The material on record discloses that except cases where plans had been approved/sanctioned under the KUDA Act, the rest of the plans were approved/sanctioned prior to KUDA Act coming into force in 1987. It is needless to state that Section 32(5) of the KUDA Act is not applicable to layouts approved/sanctioned prior to KUDA Act coming into force. As stated supra, the KUDA Act came into force w.e.f 01.01.1988 and some of the subject layouts were approved/sanctioned under Section 32 of the KUDA Act r/w Section 17 of the KTCP Act. In this context, it is the specific contention of the appellants that by virtue of Section 32(5) of the KUDA Act, the writ petitioners are not entitled to claim compensation upon the layout plan being sanction/approved under Section 32 of the KUDA Act. In order to appreciate this contention, it is profitable to extract Section 32 of the KUDA Act, which reads as under:-

¶2625

243 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2626

“32. Formation of new extension or lay-outs or making new private streets.-

¶2627

(1) Notwithstanding anything to the contrary in any law for the time being in force, no person shall form or attempt to form any extension or lay-out for the purpose of constructing building thereon without the express sanction in writing of the Authority and except in accordance with such conditions as the Authority may specify : Provided that where any such extension or layout lies within the local limits of a local authority, the Authority shall not sanction the formation of such extension or lay out without the concurrence of the local authority : Provided further that where the local authority and the Authority do not agree on the formation of or the conditions relating to the extension or layout, the matter shall be referred to the Government, whose decision thereon shall be final.

¶2628

(2) Any person intending to form an extension or layout, or to make a new private street shall send to the Commissioner a written application with plans and sections showing the following particulars :-

¶2629

(a) the laying out of the sites of the area upon streets, lands or open spaces ;

¶2630

(b) the intended level, direction and width of the street ; 18

¶2631

(c) the street alignment and the building line and the proposed sites abutting the streets ;

¶2632

(d) the arrangement to be made for levelling, paving, metalling, flagging, channelling, swearing, draining,

¶2633

244 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2634

conserving and lighting the streets and for adequate drinking water supply.

¶2635

(3) The provisions of this Act and any rules or byelaws made under it as to the level and width of streets and the height of buildings abutting thereon shall apply also in the case of streets referred to in sub-section (2) and all the particulars referred to in that sub-section shall be subject to the approval of the Authority.

¶2636

(4) Within six months after the receipt of any application under sub-section (2), the Authority shall either sanction the forming of the extension or layout to be in conformity with the guidelines to be issued by the Government or making of street on such conditions as it may think fit or disallow it or ask for further information with respect to it.

¶2637

(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.

¶2638

(6) Such sanction may be refused,-

¶2639

(i) if the proposed street would conflict with any arrangements which have been made or which in the

¶2640

245 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2641

opinion of the Authority is likely to be made for carrying out any general scheme of street improvement or other schemes or development or expansion by the Authority ;

¶2642

(ii) if the proposed street does not conform to the provisions of the Act, rules and bye-laws referred to in subsection (3) ; or

¶2643

(iii) if the proposed street is not designed so as to connect one end with a street which is already open ; or

¶2644

(iv) if the layout in the opinion of the Authority cannot be fitted with any existing or proposed expansion or development schemes of the Authority.

¶2645

(7) No person shall form a layout or make any new private street without the sanction of or otherwise than in conformity with the conditions imposed by the Authority. If the Authority requires further information from the applicant no steps shall be taken by him to form the layout or make the street until orders have been passed by the Authority after the receipt of such information: Provided that the passing of such orders shall not, in any case, be delayed for more than six moths after the Authority has received all the information which it consideres necessary to enable it to deal finally with the said application.

¶2646

(8) If the Authority does not refuse sanction within six moths from the date of the application under subsection (2) or from the date of receipt of all information asked for under sub-section (7), such sanction shall be deemed to have been granted and the 19 applicant may proceed to form the extension or layout or to make the

¶2647

246 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2648

street, but not so as to contravene any or the provisions of this Act and the rules or bye-laws made under it.

¶2649

(9) Any person who forms or attempts to form any extension or layout in contravention of the provisions of sub-section (1) or makes any street without or otherwise than in conformity with the orders of the Authority under this section, shall be liable on conviction, to a fine which may extend to ten thousand rupees.

¶2650

A plain reading of Section 32(5) will clearly indicate that

¶2651

the same would apply only to internal roads, sewers etc., formed in the layout and not to any portion of the land earmarked for road widening under the prevailing Master plan. Section 32(5) contemplates that before granting sanction/approval, the KUDA authority(HDUDA) is entitled to call upon the applicant to deposit with the authority sums/monies necessary for providing amenities viz., roads, culverts, drains etc., provided the applicant also agrees to transfer ownership of the same as well as parks, civic amenities etc., in favour of HDUDA permanently without claiming any compensation. This requirement of transferring ownership roads, civic amenities etc., by the applicant is clearly restricted to internal roads of the layout and cannot be extended to include areas earmarked for road widening under the prevailing Master plan; the

¶2652

247 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2653

procedure prescribed to obtain sanction/approval under Section 32(5) is unambiguous; before granting sanction/approval, HDUDA will call upon the applicant to deposit sums/monies for meeting the expenditure for making roads, side drains, culverts, underground drainage and water supply and lighting and charges for such other purpose in the layout; in addition thereto, the applicant would also have to agree to transfer the ownership of the roads, drains, water supply mains, parks and open spaces, civic amenity areas laid out by him to HDUDA permanently without claiming any compensation therefor; the twin requirement to be fulfilled by the applicant prior to grant of approval/sanction, viz., to deposit sums/monies towards expenditure for roads etc., and to agree to transfer ownership of roads etc., without claiming compensation, makes it unmistakably clear that the expression ‘roads’ contained in Section 32(5) is restricted to ‘internal roads’ or ‘roads formed inside the layout’ and will not be applicable to any portion of the subject layout demarcated/earmarked for road widening in the future.

¶2654

To reiterate, wherever layout plans in relation to the subject lands were approved/sanctioned under Section 32 of the KUDA Act r/w Section 17 of the KTCP Act, Section 32(5) of the

¶2655

248 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2656

KUDA Act cannot be made applicable to any portion of the layout abutting the subject Highway which have been earmarked/demarcated for road widening in future, either under the sanctioned/approved layout plan or under the prevailing Master Plan and Section 32(5) would apply only to those portions shown as roads(internal roads), culverts, parks etc., within the layout as provided in the said provision. Under these circumstances, it is clear that Section 32(5) of the KUDA Act would have absolutely no application to the subject lands allegedly earmarked for road widening either under the KH Act or under the prevailing Master Plan and consequently, the impugned awards/endorsements issued by the appellants declining to grant compensation in favour of the respondents/writ petitioners towards acquisition of the subject lands have been correctly quashed by the learned Single Judge.

¶2657

It is also pertinent to note that even assuming that Section 32(5) of the KUDA Act was applicable, in the absence of any relinquishment deed/document executed by the landowners in favour of the HDUDA in respect of the subject lands allegedly earmarked for road widening, the said provision by itself would not

¶2658

249 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2659

have the effect of divesting the lands from the landowners and transferring/vesting the same in the name of HDUDA so as to prevent the writ petitioners from claiming compensation; further, Section 32(5) merely contemplates an agreement (to be executed) by the landowners at the time of sanction/approval of the layout and the said condition cannot be construed or interpreted to deprive the landowners of their right to claim compensation, particularly when such a construction /interpretation to be placed upon Section 32(5) would run counter to Article 300-A of the Constitution of India.

¶2660

The appellants also contend that while granting approval/sanction for single plot layouts and KIADB layouts, the HDUDA had imposed a condition that the areas earmarked for road widening would be relinquished by the writ petitioners in favour of HDUDA free of cost and since the writ petitioners had accepted the said condition, they are estopped from claiming compensation towards acquisition of the said lands. This contention of the appellants cannot be accepted in view of the judgments of this Court in Dr. Arun Kumar’s case, Vinod Damji Patel’s case, Nagangouda Patil’s case and M/s. SNN Abode LLP’s case

¶2661

250 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2662

(supra), wherein it is held that such conditions are illegal, invalid and unenforceable being violative of Article 300-A of the Constitution of India; further, the Notification dated 10.03.2006 issued by the State Government under Section 13-E of the KTCP Act clearly indicates that such a condition was impermissible and cannot be imposed in respect of single plot layouts; significantly, the said condition, even if legally valid would merely require the writ petitioners not to oppose or raise any objections in the event of acquisition of the lands for road widening, but certainly would not affect their proprietary or possessory rights over the lands nor their right to claim compensation towards acquisition of the lands, especially when there is no nexus or connection whatsoever between compliance of the said condition and the right of the writ petitioners to receive compensation towards acquisition of the lands, which is constitutionally protected under Article 300-A of the Constitution of India; at any rate, in the absence of any relinquishment deed executed by the writ petitioners in favour of the HDUDA actually relinquishing/releasing their rights over the lands by executing requisite registered documents/deeds, we are of the view that the writ petitioners cannot be deprived of their right to claim compensation towards acquisition of the subject lands.

¶2663

251 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2664

Insofar as the contention urged by the appellants that having obtained sanction/approval subject to terms and conditions, the writ petitioners were not entitled to approbate and reprobate and claim compensation is concerned, the learned single Judge has dealt with this contention and recorded a correct finding that the said conduct of the writ petitioners would neither militate against them nor operate as estoppel against their right to claim compensation towards acquisition of the subject lands in view of the constitutional protection guaranteed under Article 300-A of the Constitution of India; accordingly, we do not find any illegality or infirmity in the said finding recorded by the learned Single Judge warranting interference in the present appeal.

¶2665

Insofar as the judgments relied upon by the appellants are concerned, the principles enunciated in the said judgments are not applicable to the facts of the instant case and as such, the same are not referred to in detail for the purpose of disposal of the present appeals.

¶2666

A perusal of the impugned order will indicate that the learned Single Judge has declared that the Endorsement issued by the SLAO deserves to be quashed and consequently, directed

¶2667

252 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2668

payment of compensation within a stipulated time frame. However,

¶2669

since in some cases, award has already been passed, as consequently dismissing the present batch of writ appeals, the said award would necessarily have to be quashed and the impugned order deserves to be modified to the said extent.

¶2670

In the result, we proceed to pass the following:-

¶2671

ORDER

¶2672

(i) All the above writ appeals are dismissed .

¶2673

(ii) The impugned common order dated 22.12.2021

¶2674

passed in W.P.No.108208/2016 and connected matters is hereby confirmed.

¶2675

(iii) In addition thereto, wherever the SLAO has passed awards denying the compensation in favour of the respective writ petitioners, all such awards would stand quashed.

¶2676

(iv) All consequent Endorsements, communications etc., pursuant to the said awards are also hereby quashed.

¶2677

(v) The appellants are directed to pass fresh awards and

¶2678

grant / pay compensation in favour of the respective writ petitioners in accordance with law along with all statutory benefits, interest etc., within a period of three months from the date of receipt of a copy of this order.

¶2679

253 - NC: 2023:KHC-D:12094-DB WA No. 100266 of 2022 AND CONNECTED MATTERS

¶2680

(vi) Liberty is reserved in favour of the respective writ petitioners to seek enhancment of compensation, after fresh awards passed by the appellants pursuant to this order by taking recourse to such remedies as available in law.

¶2681

(vii) Except the aforesaid modificaitons, rest of the

¶2682

impugned order passed by learned Single Judge is hereby confirmed and same stands unaltered.

¶2683

In view of disposal of these writ appeals, interim applications, if any, does not survive for consideration and the same are hereby disposed of.

¶2684

Sd/JUDGE

¶2685

Sd/JUDGE

¶2686

Srl.

The Special Land Acquistion Officer v. Premabai W/O Mohan Gaonkar

Case brief

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The Special Land Acquistion Officer v. Premabai W/O Mohan Gaonkar

Case brief

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