Disposed

Smt Nagarathna N @ Rathnapunam v. National Highway Authority of India

Karnataka HC13 Dec 2024WP/2933/2024

Case brief

AI extract

What is this about?

Land acquired under Section 3G(5) of the National Highways Act; award attained finality but compensation not released. Court held withholding compensation violates Article 300-A and directed NHAI to pay per awards dated 12.03.2020 and 21.10.2020 within three months.

What did the court decide?

Direction to respondent Nos. 1 and 2 to release compensation as per award dated 12.03.2020 and modified award dated 21.10.2020 within three months.

Smt Nagarathna N @ Rathnapunam Vs National Highway… — Land Acquisition | Karnataka HC (2024)

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NC: 2024:KHC:51782 WP No. 2933 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 2933 OF 2024 (GM-RES)

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BETWEEN:

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SMT. NAGARATHNA N @ RATHNAPUNAM D/O S. NANJAPPA, AGED ABOUT 37 YEARS, R/AT NO. 22, PUNAM MAHAL, 3^RD FLOOR, PUNAM MAHAL ROAD, KENGERI SATELLITE TOWN, BANGALORE 560 060

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…PETITIONER

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(BY SRI. THIMMEGOWDA N., ADVOCATE)

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AND:

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Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

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NATIONAL HIGHWAY AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT-RAMANAGARA NEAR BASAVANAPURA (RAMADEVARAPADA), RAMANAGARA 562 128, RAMANAGARA DISTRICT, REP. BY ITS GENERAL MANAGER (TECH ) AND THE PROJECT DIRECTOR, SRI. B.T. SRIDHARA.

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THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY, NH 275, (NHAI), BANGALORE - MYSORE SECTION, MANDYA DISTRICT 571 401.

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…RESPONDENTS (BY SMT. SHILPA GHANSHYAMBHAI SHAH, ADVOCATE FOR R1 AND R2)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND PROCEEDINGS OF THE CASE ISSUE WRIT CONSIDERING THE REPRESENTATION GIVEN BY THE PETITIONER ON 14.01.2022 VIDE ANNEXURE-J AND DIRECT THE RESPONDENTS TO PAY THE

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2 - NC: 2024:KHC:51782 WP No. 2933 of 2024

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BALANCE AWARD AMOUNT, ALLOWANCES, AND INTEREST IN RESPECT OF CONVERTED LAND BEARING SY.NO.126 MEASURING 4340 SQ.METER OF KENCHANAKUPPE VILLAGE AS PER THE ORDERS OF THE DEPUTY COMMISSIONER CUM ARBITRATOR VIDE ANNEXURE-D IN FAVOUR OF THE PETITIONER ORDER AS TO COST.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

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An award was passed by the Deputy Commissioner and Arbitrator, NH-275, Ramanagara District, Ramanagara, under Section 3G(5) of the National Highways Act, 1956, granting compensation to the petitioner for the acquisition of 4,340 square meters of land in Sy. No.126, situated at Kenchanakuppe Village, Bidadi Hobli, Ramanagara Taluk.

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The petitioner contends that the award passed by the Arbitrator has attained finality. Despite this, the respondents have not taken steps to release the compensation in accordance with the award.

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Learned counsel for respondent Nos. 1 and 2 submitted that if the petitioner is aggrieved, they may execute the award, and therefore, the present petition is not maintainable.

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NC: 2024:KHC:51782 WP No. 2933 of 2024

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Be that as it may, since the award has been passed, the National Highways Authority of India is obligated to release the compensation in compliance with the award. Any deprivation of the compensation would violate Article 300-A of the Constitution of India, which protects the right to property.

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Therefore, it is deemed appropriate to dispose of the petition with a direction to respondent Nos. 1 and 2 to release the compensation amount in accordance with the award dated 12.03.2020 and the modified award dated 21.10.2020, passed by the Deputy Commissioner and Arbitrator, Ramanagara District, Ramanagara, as per Annexures-D and E. The compensation shall be released within three months from the date of receipt of a certified copy of this order.

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6. Accordingly, the petition stands disposed of.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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RKA

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List No.: 1 Sl No.: 70 CT:SNN

Smt Nagarathna N @ Rathnapunam v. National Highway Authority of India

Case brief

What is this about?

What did the court decide?

Smt Nagarathna N @ Rathnapunam v. National Highway Authority of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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