Allowed

Koraga @ Keshava v. National Highway Authority of India

Karnataka HC20 Aug 2024WP/45229/2017

Case brief

AI extract

What is this about?

Petitioners sought to quash an endorsement by the Deputy Commissioner & Arbitrator rejecting their application under Section 3G(5) of the National Highways Act, 1956. The court held the rejection illegal and restored the matter.

What did the court decide?

Impugned endorsement dated 18.08.2017 set aside; matter remitted to Respondent No.3 to consider application under Section 3G(5) of NH Act, 1956.

Koraga @ Keshava Vs National Highway Authority of India — Land Acquisition | Karnataka HC (2024)

¶1

¶2

NC: 2024:KHC:33329 WP No. 45229 of 2017

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF AUGUST, 2024

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 45229 OF 2017 (GM-RES)

¶6

BETWEEN:

¶7

KORAGA @ KESHAVA AGED ABOUT 84 YEARS, S/O SUBBA POOJARY

¶8

SUMITHRA AGED ABOUT 56 YEARS, D/O KORAGA @ KESHAVA

¶9

GEETHA AGED ABOUT 52 YEARS, D/O KORAGA @ KESHAVA

¶10

RAVIKANTHA AGED ABOUT 50 YEARS, D/O KORAGA @ KESHAVA

¶11

Digitally signed by SUMA B N Location: High Court of Karnataka

¶12

KISHORE

¶13

AGED ABOUT 54 YEARS D/O KORAGA @ KESHAVA

¶14

ALL ARE R/AT ANAGALLI VILLAGE POST ANAGALLI, KUNDAPURA TALUK UDUPI DISTRICT PETITIONER NOS. 1 TO 4 ARE REP. BY THEIR GPA HOLDER PETITIONER NO.5 KISHORE S/O KORAGAPPA @ KESHAVA R/AT ANAGALLI VILLAGE & POST.

¶15

…PETITIONERS

¶16

(BY SRI. S K ACHARYA .,ADVOCATE)

¶17

¶18

NC: 2024:KHC:33329 WP No. 45229 of 2017

¶19

AND:

¶20

NATIONAL HIGHWAY AUTHORITY OF INDIA 66 ((17) HONNAVAR, SHRI HARIPRASAD BUILDING ROYALKERI, AMBEDKAR ROAD HONNAVAR-581 334 UTTARA KANNADA DISTRICT.

¶21

THE COMPETENT AUTHORITY & SPECIAL LAND ACQUISITION OFFICER NATIONAL HIGHWAY AUTHORITY OF INDIA HARIPRASAD BUILDING ROYALKERI, AMBEDKAR ROAD HONNAVAR-581 334 UTTARA KANNADA DISTRICT.

¶22

THE DEPUTY COMMISSIONER & ARBITRATOR, RAJATHADRI MANIPAL-576 104 UDUPI DISTRICT.

¶23

…RESPONDENTS

¶24

(BY SRI. SHABITH SHETTY.,ADVOCATE FOR R1 AND R2; SRI. RAGHAVENDRA S.H. AGA FOR R3)

¶25

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING BY IMPUGNED ENDORSEMENT DATED.18.08.2017 PASSED ON THE FILE OF THE R-3 VIDE ANNEX-A AND ETC.

¶26

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

¶27

CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL

¶28

¶29

NC: 2024:KHC:33329 WP No. 45229 of 2017

¶30

ORAL ORDER

¶31

Petitioners are before this court being aggrieved by the endorsement dated 18.08.2017 produced at Annexure-A issued by the respondent No.3 rejecting the application filed by the petitioners under Section 3G(5) of the National Highways Act, 1956 seeking enhancement of the compensation, holding that said application required determination under Sections 26 and 29 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and not under Section 3G(5) of the National Highways Act, 1956.

¶32

Section 3G of the National Highways Act, 1956 reads as under;

¶33

"3G. Determination of amount payable as compensation.-( 1) Where any land is acquired under this Act, there shall be paid an amount which shall be determined by an order of the competent authority.

¶34

(2) Where the right of user or any right in the nature of an easement on, any land is acquired under this Act, there shall be paid an amount to the owner and any other person whose right of enjoyment in that land has been affected in any manner whatsoever by reason of such acquisition an amount calculated at ten per cent of the amount determined under sub- section (1), for that land.

¶35

(3) Before proceeding to determine the amount under sub-section (1) or sub- section (2), the

¶36

4 - NC: 2024:KHC:33329 WP No. 45229 of 2017

¶37

competent authority shall give a public notice published in two local newspapers, one of which will be in a vernacular language inviting claims from all persons interested in the land to be acquired.

¶38

(4) Such notice shall state the particulars of the land and shall require all persons interested in such land to appear in person or by an agent or by a legal practitioner referred to in sub-section (2) of section 3C, before the competent authority, at a time and place and to state the nature of their respective interest in such land.

¶39

(5) If the amount determined by the competent authority under sub-section (1) or sub-section (2) is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government.

¶40

(6) Subject to the provisions of this Act, the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply to every arbitration under this Act.

¶41

(7) The competent authority or the arbitrator while determining the amount under sub-section (1) or sub-section (5), as the case may be, shall take into consideration-

¶42

(a) the market value of the land on the date of publication of the notification under section 3A;

¶43

(b) the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the severing of such land from other land; (c) the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the acquisition injuriously affecting his other immovable property in any manner, or his earnings;

¶44

(d) if, in consequences of the acquisition of the land, the person interested is compelled to change his residence or place of business, the

¶45

¶46

NC: 2024:KHC:33329 WP No. 45229 of 2017

¶47

reasonable expenses, if any, incidental to such change.]"

¶48

Impugned endorsement dated 18.08.2017 produced

¶49

at Annexure-A, reads as under;

¶50

¶51

�ಂಬರಹ:

¶52

�ಷಯ:- �ಾರ�ೕಯ �ಾ��ೕಯ �ೆ�ಾ � �ಾ�� 1956 ಕಲಂ 3G(5) ರ� �ೆಚು�ವ� ಪ��ಾರ �ೋ� ಅ!" ಸ$%&ರುವ ಕು�ತು.

¶53

ಉ)ೆ%ೕಖ:- 1) ) �ೊರಗ @ �ೇಶವ, ಸು-ತ.. /ೕ0ಾ, ರ��ಾಂತ ಮತು2 34ೆ5ೕರ, ಅನಗ78 9ಾ.ಮ, ಕುಂ�ಾಪ:ರ 0ಾ: ಇವರ ಅ!" <=ಾಂಕ: 26/07/2017

¶54

�ಾರ�ೕಯ �ಾ��ೕಯ �ೆ�ಾ � �ಾ�� 1956 ಕಲಂ 3 G -(5) ರ� �ೆಚು�ವ� ಪ��ಾರ �ೋ� ಅ!"�ಾರರು ಸ$%&ರುವ ಅ!"ಯನು> ಪ�?ೕ$ಸ)ಾ/�ೆ . ಅ!"ಯ$% ಸ$%&ರುವ �ಾಖ)ೆಗಳ ಪ.�ಾರ RFCTLARR ACT -2013 sec. 26 & 29 ರನAಯ ಭೂ ಪ��ಾರ Cಧ"ರEೆFಾ/ರುತ2�ೆ . ಆದ � ಂದ �ಾ��ೕಯ �ೆ�ಾ � �ಾ�� 1956 ರ ಕಲಂ 3!-5 ರಂ0ೆ ಅI"Jೆ.ೕಷ=ೆK ಒಳಪಡುವ:<ಲ%Nಾದ **�** ಂದ ಅ!"ಯನು> �ಂ�ರು/ಸ)ಾ/�ೆ . ಸಮಸ2 �ಾಖ)ೆಗಳನು> ಲVÛಕ�ಸ)ಾ/�ೆ".

¶55

Section 3G(5), (6) and (7) of the Act as noted

¶56

above provides procedure for determination of application of parties not satisfied with the amount determined by the competent authority. Proceedings as contemplated under Section 3G has to be mandatorily conducted. The reasons

¶57

¶58

NC: 2024:KHC:33329 WP No. 45229 of 2017

¶59

assigned in the endorsement run contrary to the aforesaid statutory provisions of the said Act.

¶60

Petition therefore succeeds. The impugned endorsement dated 18.08.2017 issued by the respondent No.3 is set aside. The matter is remitted to respondent No.3 to consider the application filed by the petitioners strictly in accordance with law.

¶61

All contentions of the parties are kept open to be urged before respondent No.3. The Respondent No.3 shall pass order on application filed by the petitioner within an outer limit of twelve (12) weeks from the date of receipt of certified copy of this order, after affording sufficient opportunity to concerned parties.

¶62

Sd/(M.G.S. KAMAL) JUDGE

¶63

RU, List No.: 1 Sl No.: 29

Koraga @ Keshava v. National Highway Authority of India

Case brief

What is this about?

What did the court decide?

Koraga @ Keshava 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

Parties & counsel

Coram

Case details

Similar cases

Sri Krishna M N Vs Reserve Bank of India

Mrs Radha Vs M/S Karnataka Bank Ltd.

M/S Vijayanagar Sugar Private Ltd. Vs State of Karnataka

Sri Rathnakara Rai Vs the State of Karnataka

M/S Vijay Precision Dies Private Limited Vs Karnataka Industrial Area Development Board

Anita Florence Gandhi Vs Union of India