IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI W.P. No.58389/2016 c/w W.P.Nos.58979, 24641, 24640 & 58897 of 2016 (LA – RES) W.P. No.58389/2016:
BETWEEN:
Mr.M L Krishnamurthy Aged about 62 years s/o late M L Laxman Shetty r/a No.1636, CB Road Holalkere Town, Chitradurga District, Karnataka-577 526. … Petitioner (By Sri Balaram M L, Advocate) AND:
1. Union of India Represented by its Secretary Ministry of Road Transport & Highways Transport (Parivahan) Bhawan, 1, Parliament Street New Delhi – 110001.
2. The Special Land Acquisition Officer, Competent Authority Under the Act, National Highways Authority of India, PWD Compound K R Circle, Bangalore-560 001.
3. The Chief Engineer National Highways Authority of India, PWD Compound, K R Circle Bangalore-560 001.
4. The Assistant Executive Engineer, Karnataka Public Works Department, PWD Office Holalkere – 577 526.
5. The Executive Engineer PPP Cell, National Highway – 60 Ft. Road, Gopalagowda Badavane, National Highway Sub-Division, Shivamogga – 577201. ... Respondents (By Sri E S Indiresh, AGA for R4, Sri Madhukar K, CGC for R1 R2, R3 and R5 served, but unrepresented) This writ petition is filed under Article 226 of Constitution of India praying to quash the notice of award dated 1.1.2014 at Annexure-A issued by respondent No.2 and direct R2 & 5 to follow-up on the letter dated 15.2.2014 at Annexure-M of R2 to R5 directing R5 to investigate the complaints of the petitioner regarding errors in measurement and notify the findings to the petitioner and etc.
W.P. No.58979/2016 BETWEEN:
Mr.M C Kashinath Aged about 50 years s/o late M L Chandrashekara Shetty, r/a No.1653 & 1654 CB Road, Holalkere Town Chitradurga District Karnataka-577 526. … Petitioner (By Sri Balaram M L, Advocate) AND:
1. Union of India Represented by its Secretary Ministry of Road Transport & Highways Transport (Parivahan) Bhawan, 1, Parliament Street New Delhi – 110001.
2. The Special Land Acquisition Officer, Competent Authority Under the Act, National Highways Authority of India, PWD Compound K R Circle, Bangalore-560 001.
3. The Chief Engineer National Highways Authority of India, PWD Compound, K R Circle Bangalore-560 001.
4. The Assistant Executive Engineer, Karnataka Public Works Department, PWD Office Holalkere – 577 526.
5. The Executive Engineer PPP Cell, National Highway – 60 Ft. Road, Gopalagowda Badavane, National Highway Sub-Division, Shivamogga. ... Respondents (By Sri Aniyan Joseph, CGC for R1, Sri E S Indiresh, AGA for R2 to R5) This writ petition is filed under Article 226 of Constitution of India praying to quash the notice of award dated 1.1.2014 at Annexure-A and direct R2 & 5 to follow-up on the letter dated 15.2.2014 at Annexure- K of R2 to R5 directing R5 to investigate the complaints of the petitioner regarding errors in measurement and notify the findings to the petitioner and etc.
W.P. No.24641/2016 BETWEEN:
Mr.M C Kashinath Aged about 40 years s/o late M L Chandrashekkara Shetty, r/a No.1653 & 1654 CB Road, Holalkere Town Chitradurga District Karnataka – 577 526. … Petitioner (By Sri Balaram M L, Advocate).
AND:
1. Union of India Represented by its Secretary Ministry of Road Transport & Highways Transport (Parivahan) Bhawan, 1, Parliament Street New Delhi – 110001.
2. The Special Land Acquisition Officer, Competent Authority Under the Act, National Highways Authority of India, PWD Compound K R Circle, Bangalore-560 001.
3. The Chief Engineer National Highways Authority of India, PWD Compound, K R Circle Bangalore-560 001.
4. The Assistant Executive Engineer, Karnataka Public Works Department, PWD Office Holalkere – 577 526.
5. The Executive Engineer PPP Cell, National Highway – 60 Ft. Road, Gopalagowda Badavane, National Highway Sub-Division, Shivamogga. ... Respondents (By Sri A P Pulikesh, CGC for R1 & R3, Sri E S Indiresh, AGA for R2 to R5) This writ petition is filed under Article 226 of Constitution of India praying to quash the notice of award dated 1.1.2014 at Annexure-A and direct R2 & 5 to follow-up on the letter dated 15.2.2014 (at Annexure- L) of the R2 to the R5 directing R5 to investigate the complaints of the petitioner regarding errors in measurement and notify the findings to the petitioner and etc.
W.P. No.24640/2016 BETWEEN:
Mr.M L Gururaj Aged about 53 years s/o late Laxman Setty r/a No.1639, CB Road Holalkere Town Chitradurga District Karnataka-577 526. … Petitioner (By Sri Balaram M L, Advocate) AND:
1. Union of India Represented by its Secretary Ministry of Road Transport & Highways Transport (Parivahan) Bhawan, 1, Parliament Street New Delhi – 110001.
2. The Special Land Acquisition Officer, Competent Authority Under the Act, National Highways Authority of India, PWD Compound K R Circle, Bangalore-560 001.
3. The Chief Engineer National Highways Authority of India, PWD Compound, K R Circle Bangalore-560 001.
4. The Assistant Executive Engineer, Karnataka Public Works Department, PWD Office Holalkere – 577 526.
5. The Executive Engineer PPP Cell, National Highway – 60 Ft. Road, Gopalagowda Badavane, National Highway Sub-Division, Shivamogga. ... Respondents (By Sri K Anandarama, CGC for R1, Sri E S Indiresh, AGA for R2 to R5) This writ petition is filed under Article 226 of Constitution of India praying to quash the notice of award dated 1.1.2014 at Annexure-A and direct R2 & 5 to follow-up on the letter dated 15.2.2014 (at Annexure- L) of the R2 to R5 directing the R5 to investigate the complaints of the petitioner regarding errors in measurement and notify the finding to the petitioner and etc.
W.P. No.58897/2016 BETWEEN:
Mr.S Srinivas, Aged about 52 years s/o K Shankar Setty, r/a No.1574 & 1575 C B Road, Holalkere Town Chitradurga District, Karnataka-577 526. … Petitioner (By Sri Balaram M L, Advocate) AND:
1. Union of India Represented by its Secretary Ministry of Road Transport & Highways Transport (Parivahan) Bhawan, 1, Parliament Street New Delhi – 110001.
2. The Special Land Acquisition Officer, Competent Authority Under the Act, National Highways Authority of India, PWD Compound K R Circle, Bangalore-560 001.
3. The Chief Engineer National Highways Authority of India, PWD Compound, K R Circle Bangalore-560 001.
4. The Assistant Executive Engineer, Karnataka Public Works Department, PWD Office Holalkere – 577 526.
5. The Executive Engineer PPP Cell, National Highway – 60 Ft. Road, Gopalagowda Badavane, National Highway Sub-Division, Shivamogga-585102 Respondents (By Sri Sangamesh G Patil, CGC for R1, Smt.Shilpa Sha, Advocate for R2, R3 and R5, Sri E S Indiresh, AGA for R2 & R4) This writ petition is filed under Article 226 of Constitution of India praying to quash the notice of award dated 1.1.2014 at Annexure-A and direct R2 & 5 to follow-up on the letter dated 15.2.2014 (at Annexure- J) of the R2 to the R5 directing the R5 to investigate the complaints of the petitioner regarding errors in measurement and notify the findings to the petitioner and etc.
These petitions coming on for orders, this day, the Court made the following:-
ORDER In the instant writ petitions, petitioners have sought for the following reliefs:
A. Issue a writ of certiorari, quashing the notice of award Dt.01/01/2014 bearing No.LAQ/NH-13-CHI-SHI-SR.1/2010-11, at Annexure-A issued by the 2nd respondent.
B. Issue a writ of mandamus, directing the 2nd respondent & 5th respondent to follow-up on the letter Dt. February 15th 2014 (at Annexure-M) of the 2nd respondent to the 5th respondent, directing the 5th respondent to investigate the complaints of the petitioner regarding errors in measurement and notify the findings to the petitioner.
C. Issue a writ of mandamus, directing the 2nd respondent to receive objections and provide for personal hearing on the notice of award, conduct inquiries and pass such orders, to reformulate the valuations in the notice of award.
D. Pass any other relief/reliefs, orders, directions, as deemed fit for grant, in the interest of justice and equity.
Undisputedly, Annexure-A is only a notice wherein it is specifically asked the concerned person to produce relevant documents within a period of thirty days. Without complying the award notice dated 1.1.2014, petitioners have rushed to this Court. Hence, writ petitions are premature. At this stage, learned counsel for the petitioners pointed out that endorsement dated 20.2.2016 (Annexure-Q) has been issued, which is affected the right of petitioners. Petitioners have not questioned the validity of the said endorsement. In the absence of challenge to Annexure-Q in the present writ petitions and restricting to challenge Annexure-A, writ petitions stand dismissed as premature. The petitioners are at liberty to challenge the validity of Annexure-Q, if they are aggrieved.
Sd/- JUDGE Bkm