Trust sought direction to Special Land Acquisition Officer to determine compensation under the National Highways Act for land acquired for NH-209 road widening. Court disposed of the petition directing petitioner to approach respondent No.1 with documents and sketch for determination of compensation.
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NC: 2024:KHC:51948 WP No. 14503 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.14503 OF 2023 (LA-RES)
BETWEEN:
ACHARYA PATHSHALA TRUST N.R. COLONY, BENGALURU - 560 019, BY ITS SECRETARY, E MAIL:[email protected].
…PETITIONER
(BY SRI. MAHENDRA S.S., ADVOCATE)
AND:
Digitally signed by SHARMA ANAND CHAYA Location: High Court of Karnataka
RESPONDENTS
(BY SMT. SHILPA SHAH, ADVOCATE FOR R1; SRI. POOJAPPA J., CGC FOR R2)
NC: 2024:KHC:51948 WP No. 14503 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO DISCLOSE THE DETERMINATION OF COMPENSATION UNDER SEC.3(G) OF NATIONAL HIGHWAYS ACT 1956 AND CONSEQUENTLY PAY THE AMOUNT TO THE PETITIONER UNDER SEC.3(H) OF THE NATIONAL HIGHWAYS ACT DIRECTING THE 1ST RESPONDENT TO DETERMINE COMPENSATION UNDER SEC.3(G)(2) SINCE THE PETITIONER'S EASEMENTARY RIGHTS ARE AFFECTED BY AWARDING 10 PERCENT OF THE AMOUNT DETERMINED, AND ALSO COSTS OF PROCURING NEW ACCESS TO THE COLLEGE AND CONSEQUENTLY ALSO DETERMINE COMPENSATION CAUSED FOR THE DAMAGE CAUSED TO THE PERMANENT STRUCTURE DEMOLISHED ON THE LANDS ACQUIRED MORE FULLY DESCRIBED IN THE SCHEDULE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
NC: 2024:KHC:51948 WP No. 14503 of 2023
acquired by the respondent - authorities for the purpose of formation of NH-209.
Petition is in so far as determination of compensation with regard to entire extent of 13597 Sq. Mts. of land being acquired by the respondent - authorities.
matter, without going to the merits of the case, it is open for the petitioner to approach the respondent No.1 to claim compensation, along with documents including the sketch appended to the memo dated 17.12.2024 filed by the petitioner, to enable the respondent No.1 herein to determine compensation in the matter and to pay compensation in respect of the land acquired by the respondent - authority. If the petitioner approaches respondent No.1 with such material, within two weeks from the date of receipt of certified copy of this Order, the respondent - authority shall consider the same and pass appropriate order in accordance with law, within two months from the date of receipt of such representation to be made by the petitioner.
NC: 2024:KHC:51948 WP No. 14503 of 2023
appropriate order within two months from the date of receipt of certified copy of this Order, as stated above.
SD/(E.S.INDIRESH) JUDGE
sac List No.: 1 Sl No.: 4
1 issue framed by the court
Whether the respondents must determine and pay compensation for 13,597 sq. mtrs. of petitioner's land acquired for NH-209 widening under Section 3(g) of the National Highways Act.
3 provisions across 2 enactments
Acharya Pathshala Trust, Bengaluru
The Special Land Acquisition Officer / Competent Authority, National Highway No.209
Ministry of Road Transport and Highways
E.S. Indiresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
