Landowners whose land was acquired for National Highway-4 sought enhancement of compensation via appeal CR18/2015-16, which was rejected by endorsement dated 13.04.2016 on grounds of delay. Relying on the Y.Yunis writ appeals, the court held the delay of about six years justified rejection and dismissed the writ petition.
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.
NC: 2024:KHC:50629 WP No. 33363 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 09TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.33363 OF 2018 (LA-RES)
BETWEEN:
BOTH ARE R/AT POOJARAMANAHALLI, JADIGENAHALLI HOBLI, HOSKOTE TLAUK, BANGALORE RURAL DISTRICT.
…PETITIONERS
(BY SRI. C.R. SUBRAMANYA, ADVOCATE)
AND:
Digitally signed by SHARMA ANAND CHAYA Location: High Court of Karnataka
NC: 2024:KHC:50629 WP No. 33363 of 2018
NHAI, PIU, NAGASANDRA, 14 KM, TUMKUR ROAD, BENGALURU - 560 058.
…RESPONDENTS
(BY SRI. HANUMANTHA REDDY G., ADVOCATE FOR R1 & R2; SRI. MANJUNATH K., HCGP FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT ISSUED BY THE RESPONDENT NO.3 VIDE ANNEXURE-D DATED 13.04.2016 AND TO DIRECT THE RESPONDENT NO.3 TO HEREIN DISPOSE OF THE APPEAL ON MERITS FILED BY THE PETITIONERS VIDE ANNX-B IN CASE APPEAL NO.CR18/2015-16 AND TO GRANT SUCH OTHER RELIEFS.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
Heard the learned counsel appearing for the parties
No.CR18/2015-16 as per Annexure-B and the respondent No.3 by Endorsement dated 13.04.2016 rejected the appeal on the ground of delay and laches.
in the case of Y.Yunis vs. National Highways Authority of India and others disposed of on
12.10.2012, the aggrieved party has to approach the Arbitrator appointed by the Central Government within reasonable period and taking into consideration the fact that, the petitioners have filed the appeal on 02.12.2015, nearly after lapse of a period of six years from the receipt of the compensation awarded by the Special Land Acquisition Officer, there is no infirmity in the Endorsement dated 13.04.2016 issued by the respondent-authorities. Accordingly, I do not find merit in the writ petition. In the result, the writ petition is dismissed .
Sd/(E.S.INDIRESH) JUDGE
SB
List No.: 1 Sl No.: 27
1 issue framed by the court
Whether an appeal for enhanced compensation filed six years after receiving compensation could be rejected on grounds of delay and laches.
Colour shows how this judgement treated each authority
Y.Yunis vs. National Highways Authority of India and othersRelied on¶4
W.A.No.31066 of 2012 and W.A.No.31094-96 of 2012 (Y.Yunis vs. National Highways Authority of India and others)
2 provisions across 2 enactments
Sri K Srinivasa s/o Kempanna
Sri M K Nagaraja s/o Kempanna
The Spl. Land Acquisition Officer and Competent Authority, NHAI, Bangalore
The Project Director and General Manager (Technical), NHAI
Deputy Commissioner and District Magistrate, Bangalore Rural District
E.S. Indiresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
