IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.44999/2018 (LA – RES) BETWEEN:
S.NARAYANAPPA S/O SEETHARAMAIAH AGED ABOUT 54 YEARS, R/O SANTHEPETE SIRA TOWN TUMKUR DISTRICT-572137 ... PETITIONER [BY SRI PATEL D. KAREGOWDA, ADV.] AND:
1 . DEPUTY COMMISSIONER AND ARBITRATOR NATIONAL HIGH WAY AUTHORITY OF INDIA TUMKURU TO HARIHARA ROAD, (NH-4) TUMKURU-572101 2 . SPECIAL LAND ACQUISITION OFFICER/ COMPETENT AUTHORITY NATIONAL HIGH WAY AUTHORITY OF INDIA, KSRTC DEPO. ROAD, NEAR CHAMUNDESHWARI TEMPLE CHITRADURGA-577501 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ENHANCE THE JUST COMPENSATION IN RESPECT OF THE LANDS OF THE PETITIONER ACQUIRED FOR WIDENING THE NH-4 ROAD BY MODIFYING THE ORDER PASSED BY THE R-1 IN CASE No.ARB/LAQ/CR/47-2002-03 DATED 21.10.2004 VIDE - 2 -
ANNEXURE-C TO THE W.P. IN SO FAR AS THE PETITIONER IS CONCERNED.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has sought for enhanced compensation not being satisfied with the award made by respondent No.1 under the provisions of the National Highways Act, 1956 [Act’ for short].
2. It is well settled that if the petitioner is not satisfied by the quantification of the compensation awarded, alternative and efficacious remedy is available under sub-section (6) of Section 3G of the Act.
3. In view of the aforesaid, the writ petition is not entertained and is dismissed reserving liberty to the petitioner to avail the alternative remedy, if so advised.
Sd/- JUDGE PMR