Sri S M Sudhama @ Sudhama Shetty Vs the Chief Engineer

THE SPECIAL LAND ACQUISITON OFFICER AND COMPETENT AUTHORITY NATIONAL HIGHWAYS NO 169 (OLD NO.13) SOLAPUR MANGALORE SECTION PWD ANNEX BUILDING, 2ND FLOOR K R CIRCLE BENGALURU - 560001

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THE DEPUTY COMMISSIONER CHICKMAGALUR DISTRICT CHICKMAGALUR - 577101

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…RESPONDENTS

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(BY SMT.B.SUKANYA BALIGA, AGA)

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THIS WP IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO-DECLARE THAT THE PROPOSED ACTION OF THE RESPONDENTS TO DEMOLISH THE HOUSE BUILDING / E-SWATHU PROPERTY BEARING NO.150900600900320103 IN ASSESSMENT NO.588/556, MEASURING 1665.5 SQ.FT, (SITE) AND RCC BUILDING CONSISTING OF GROUND FLOOR AND FIRST FLOOR, SITUATED AT MANAGARU VILLAGE, SRINGERI TALUK, KASABA HOBLI, WITHIN THE LIMIT OF VIDHYARANYAPURA GRAMA PANCHAYATH BELONGING TO THE PETITIONERS FOR THE PURPOSE OF WIDENING THE SOLAPUR-MANGALORE SECTION, NH NO.169 (OLD NO.13)

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NC: 2025:KHC:3490 WP No. 15726 of 2021

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AS ILLEGAL, ARBITRARY AND WITHOUT THE AUTHORITY OF LAW AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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

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ORAL ORDER

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Petitioners claiming to be the joint owners in possession and enjoyment of property bearing E-Swathu property number 150900600900320103 in assessment No.588/556, measuring 1665.5 Sq.ft (Site) together with a residential building consisting of ground floor and the first floor, having purchased the same under a registered deed of sale dated 07.08.2014 is before this Court seeking following reliefs:

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"a) Issue a Writ or Order or direction in the nature of declaration, declaring that the proposed action of the Respondents to demolish the house building/ESwathu property bearing No. 150900600900320103 in Assessment No.588/556, measuring 1665.5 Sq.ft., (Site) and RCC building consisting of Ground Floor and First Floor, situated at Managaru Village, Sringeri Taluk, Kasaba Hobli, within the limit Vidhyaranyapura of Grama Panchayath. Belonging to the Petitioners for the purpose of widening the

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NC: 2025:KHC:3490 WP No. 15726 of 2021

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Solapur-Mangalore Section, NH No.169 (Old No.13), as illegal, arbitrary and without the authority of law;

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b) Pass any other suitable order or direction as this Hon'ble Court deems fit to pass in the facts and circumstances of the case, in the interest of justice."

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Case of the petitioners is that the respondent-

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National Highway Department has issued a notification published in 'Vijayavani' Kannada daily newspaper dated 30.07.2021 proposing to acquire lands along side National Highway No.169 (old No.13) i.e. Solapur-Mangalore section, 640 to 645 kms. That in furtherance to the said publication, property of the petitioners has been marked. However, no notification has been issued specifically with respect to property of the petitioners.

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Learned Counsel for the petitioners submits that since the respondent authorities are proposing to widen the road utilizing the property of the petitioners without issuing the notification, which is per se illegal, petitioners are constrained to approach this Court seeking above reliefs.

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NC: 2025:KHC:3490 WP No. 15726 of 2021

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Learned Counsel for the petitioners refers to order dated 13.07.2022 passed in WP.No.15704/2021 by the Co-ordinate Bench of the Court in respect of very same notification and subject matter, in which relief as sought has been granted and that petitioners may also be extended similar relief. In the said writ petition the Coordinate Bench of this Court reserving liberty to the respondents to take necessary action in accordance with law after acquisition, has restrained them from in any manner demolishing the house of the petitioners existing on their properties without due process of law.

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Learned counsel for the respondent authorities

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do not dispute the same. In that view of the matter following:

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ORDER

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i) Petition is allowed.

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ii) Respondent authorities are directed not to demolish the house/structures existing on the

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6 - NC: 2025:KHC:3490 WP No. 15726 of 2021

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property of the petitioners E-Swathu property bearing No. 150900600900320103 in Assessment No.588/556, measuring 1665.5 Sq.ft., (Site), situated at Managaru Village, Sringeri Taluk, Kasaba Hobli, within the limits of Vidhyaranyapura of Grama Panchayath without due process of law.

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iii) Liberty is however reserved to the respondent authorities to take steps strictly in accordance with the law applicable for the purpose of acquisition of the said property.

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

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RCK List No.: 1 Sl No.: 9

Sri S M Sudhama @ Sudhama Shetty v. the Chief Engineer

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Sri S M Sudhama @ Sudhama Shetty v. the Chief Engineer

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