Sri. Narasimhamurthy Vs Union of India

THE SPECIAL LAND ACQUISITION OFFICERAND OFFICE OF THE COMPETENT AUTHORITY, NELAMNAGALA-HASSAN SECTION, NATIONAL HIGHWAY-48 KRS AGRAHARA, KUNIGAL, TUMKUR DISTRICT-572130

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THE PROJECT DIRECTOR NATIONAL HIGHWAY AUTHORITY OF INDIA,

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2 -

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NC: 2026:KHC:33002-DB WA No. 151 of 2025

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HC-KAR

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SY.NO.13, NAGASANDRA VILLLGAE, 14TH K.M. BANGALORE -TUMKUR ROAD, HESSARAGHATTA, BANGALORE-560073

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…RESPONDENTS (BY SRI. AJAY PRABHU M., ADVOCATE FOR R1; SRI. M.N.SUDEV HEGDE, AGA FOR R2; SRI. PADMANABHA HOLLA, ADVOCATE FOR R3)

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THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO PASS AN ORDER TO CALL FOR RECORDS IN WP No. 17825/2023 (LA-RES) DATED:20.12.2024 ON THE FILE OF LEARNED SINGLE JUDGE OF KARNATAKA HIGH COURT BENGALURU (WRIT COURT), ETC.

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THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE D K SINGH)

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The present intra Court appeal has been filed impugning

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the judgment and order dated 20.12.2024 passed by the writ Court in W.P.No.17825/2023. The said writ petition was filed by the appellant assailing the notification dated 27.06.2023 and the notice dated 05.07.2023 whereby the remaining 10 guntas of the land of the appellant, which is the only land in his possession was sought to be acquired by the National Highways Authority of India (NHAI).

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HC-KAR

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The appellant's land to an extent of 26.08 guntas

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was already acquired in the year 2007-08 and the appellant had taken the compensation and did not challenge the acquisition in respect of 26.08 guntas of land. When we asked the learned counsel for the NHAI for what purpose the 10 guntas of land was sought to be acquired by issuing the notification dated 27.06.2023, the learned counsel for the NHAI submitted that the land was required for setting up the wayside amenities. It may be noted that a petrol pump has already been set up on the land of the appellant which was acquired way back in the year 2007.

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For setting up wayside amenities, at least one hectare of land, which would be 10,000 square meters, is required. Obviously, this land sought to be acquired is at the behest of the petrol bunk owner to expand his business and not for a public purpose. As contended by the learned counsel for the appellant, the power of eminent domain to divest a person of his property can be exercised only for the public purpose and not for a private purpose. When the NHAI Act mandates under Section 16(2) that one hectare of land is necessary for setting

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HC-KAR

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of the wayside amenities, we fail to understand that how the

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NHAI can justify acquiring only 10 guntas of land, which is the only land left in the possession of the appellant. The notification dated 27.06.2023 has been issued only to acquire 10 guntas of

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land. These facts make it obvious that the land is being acquired to expand the business of petrol bunk owner and not for any public purpose.

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