The High Court dismissed a writ petition challenging land acquisition proceedings and awards under the Karnataka Highways Act, 1964, holding that since the acquisition is complete and a statutory reference for compensation enhancement is pending before the Civil Court, the question of quashing does not arise.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 27TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 105062 OF 2016 (LA-RES)
BETWEEN:
…PETITIONERS
(BY SRI. J.S. SHETTY., ADVOCATE)
Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
AND:
…RESPONDENTS
(BY SRI. SHIVAPRABHU.S.HIREMATH., AGA FOR R2-R3; SRI. C.V.ANGADI., ADVOCATE FOR R1, R4, R6; SRI. M.T.BANGI., ADVOCATE FOR R7)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.J.S.Shetty., learned counsel for the petitioners, Sri.C.V.Angadi., learned counsel for respondents 1, 4 to 6 and Sri.Shivaprabhu S.Hiremath., learned AGA for respondents 2 and 3 have appeared in person.
a) Issue a Writ of Certiorari to quash the Notification dated:29.12.2012 issued by the fourth respondent in No.KRDCL/LAQ/SR/N-1/2012-13 vide Annexure-A, the notice dated:29.12.2012 issued by the fourth respondent in No.KRDCL/LAQ/SR/N2/2012-13 vide Annexure-B, the award dated:28.03.2016/27.04.2016, passed by the first respondent vide Annexure-C in so far as petitioner is concerned and the notice dated:08.06.2016, issued by the first respondent vide Annexure-D.
b) Issue a Writ of Mandamus directing the respondents to consider the objections filed by the petitioner directing the respondents to acquire the lands and properties strictly make arrangement for calculating and payment of Fair Compensation, provide Rehabilitation benefits and resettlement benefits as per the provisions of "The Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
several contentions. Heard, the contentions urged on behalf of respective parties and perused the Writ papers with utmost care.
5. Resultantly, the Writ Petition is dismissed.
Sd/(JYOTI MULIMANI) JUDGE
MRP
LIST NO.: 2 SL NO.: 56
1 issue framed by the court
Whether the Writ Petition can succeed in quashing the acquisition notification and award when the acquisition proceedings are complete and a statutory reference for enhancement of compensation is pend
3 provisions across 2 enactments
Sri. Dinesh S/o Baburao Devadiga
Sri. Prakash S/o Baburao Devadiga
The Special Land Acquisition Officer, Karnataka Road Development Corporation Ltd.
The State of Karnataka
The Commissioner, Directorate of Urban Land Transport
Chief Engineer, KRDC Limited
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
