IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.58220/2013 (LA – RES) BETWEEN:
K.TARUN KUMAR S/O KUSHAL RAJ CHAUHRA AGED ABOUT 30 YEARS R/AT No.693, GANDHINAGAR DODDABALLAPURA-561203 BANGALORE RURAL DISTRICT. …PETITIONER (BY SRI MANU KULKARNI, ADV. ALONG WITH SRI NISHAN.G.K., ADV. FOR POOVAYYA & CO.,) AND:
1. THE MINISTRY OF ROAD AND SURFACE TRANSPORT REP. BY ITS SECRETARY UNION OF INDIA, NEW DELHI-01.
2. THE PRINCIPAL SECRETARY PUBLIC WORKS DEPARTMENT GOVERNMENT OF KARNATAKA VIKASA SOUDHA, BANGALORE-560001.
3. THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY NATIONAL HIGH WAYS, KUNIGAL N.H.207, HOSKOTE-DOBASPET SECTION NELAMANGALA SITE OFFICE NELAMANGALA, NELAMANGALA TALUK BANGALORE RURAL DISTRICT-562110.
4. THE CHIEF GENERAL MANAGER NATIONAL HIGH WAYS AUTHORITY OF INDIA 8TH MILE, TUMKUR ROAD BANGALORE-572211.
5. NATIONAL HIGH WAY AUTHORITY OF INDIA DWARAKA SECTOR 10, DWARAKA NEW DELHI-01 REP. BY ITS CHAIRMAN.
6. THE CHIEF ENGINEER NATIONAL HIGH WAYS K.R. CIRCLE, BANGALORE-560001.
7. M/S. TRANSSTROY [INDIA] LTD.,- OJSC CONSORTIUM A PARTNERSHIP COMPANY HAVING ITS REGISTERED OFFICE AT No.8-G-833/104, MAIN ROAD KAMALAPURI COLONY HYDERABAD-500073 REP. BY ITS MANAGING PARTNER.
HAVING ITS SITE OFFICE AT I FLOOR, MYLARAPPA COMPLEX BESIDES RTO OFFICE, DEVANAHALLI BANGALORE RURAL DISTRICT-562110 REP. BY ITS VICE PRESIDENT [TENDERS AND CONTRACTORS]. …RESPONDENTS (BY SRI PADMANABHA V MAHALE, SENIOR COUNSEL FOR SRI R.V.NAIK AND SRI M.V.KINI, ADVS. FOR R-1, R-3 TO R-5; SRI B.J.ESHWARAPPA, AGA. FOR R-2 & R-6;
SRI N.SONNE GOWDA, ADV. FOR R-7.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO FOLLOW STRAIGHT ROAD FROM DODDABALLAPUR RING ROAD TO DOBBASPET JUNCTION FROM 108.00 K.M., TO 113.450 K.M., BY FOLLOWING CONCENTRIC METHOD AND FURTHER RESTRAINING THEM FROM FORMATION OF ROAD WITH ECCENTRIC METHOD; AND ETC., THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned counsel for the petitioner as well as the learned Senior Counsel Sri.Padmanabha V. Mahale representing the learned counsel for the respondent Nos.1, 3 to 5.
2. The relief claimed in the writ petition reads thus:
[a] Issue writ of mandamus directing the respondents to follow straight road from Doddaballapura Ring Road to Dobbaspet Junction from 108.00 Km to 113.450 Km by following Concentric method and further restraining them from formation of road with Eccentric method;
[b] Declare that following the Eccentric method in formation of road without sanction of law is arbitrary and amounts to offending the rights of the petitioner/farmers guaranteed under Article 14 and 19[a][g] of the Constitution of India;
[c] Declare that the scheme which has been entrusted to private parties through Private Partnership Project [PPP] – to respondent No.7 herein, without issuing tender and without public notice is offending the rule of law and transparency which is the basis structure of constitution and violates Article 14 of the Constitution of India;
[d] Issue any other appropriate order/direction/writ as this Hon’ble Court deems fit in the facts and circumstances of the case including the cost, in the interest of justice and equity.
3. Learned counsel for the contesting respondents – National Highways have filed the I.A- 1/2019, bringing on record the subsequent events. Paragraphs 3 to 5 of the said application are quoted hereunder for ready reference:
“3. During the pendency of the matter before the Hon’ble Court the following developments have happened:
a] The four lane project of Hoskote – Dobbaspet section of NH – 207 awarded to M/s. Transstroy Hoskote-Dobbaspet Tollway Pvt. Ltd., was terminated with effect from 19.05.2017 due to various defaults of the Concessionaire.
b] NHAI/Government of India, duly considering present traffic on the above stretch of highway and as part of proposed Satellite Town Ring Road [STRR], has taken up the DPR for six lane access controlled highway project for the above stretch of highway with service road on both sides.
c] The existing ROW including land acquired for four laning is about 45 mtrs and the proposed land acquisition is for 60mtr ROW for six laning project with further additional land for wayside amenities, truck laybyes, bus stops/laybyes, toll plaza etc., at various location as per Final Feasibility Report.
4. While preparing the Final Feasibility Report, the issue of concentric acquisition of land on both sides by the petitioner has been referred to the DPR Consultant and requested to explore the possibility of acquisition of land on only one side at the location disputed by the petitioner without sacrificing the technical requirements.
5. Accordingly, the DPR Consultant have prepared the alignment duly proposing the acquisition of additional land of 15 mtr on the other side of stretch at the above location, which almost satisfies the requirement of the petitioner filed under the petition i.e., the fresh land acquisition is that now there will be construction in a concentric method, on both sides. Hence, there is now no cause to state that since land acquisition is only one side, and thus violative of Article 14 of the Constitution of India.”
In view of the aforesaid, no cause of action subsists, indeed, the grievance of the petitioner, is redressed by the official respondents. Hence, the writ petition stands dismissed as having rendered infructuous.
In view of the disposal of the writ petition, all the pending I.As stand disposed of.
Sd/- JUDGE NC.