IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.No.56320/2018 (LA – RES) BETWEEN :
SRI SHIVANANDA SHETTY S/O LATE MUTHU SHETTY AGED ABOUT 53 YEARS NO.2-73A, MUNCHOOR CHELAIRU ROAD, POST CHELAIRU-574146 HALEYANGADY DAKSHINA KANNADA DISTRICT REP BY HIS POWER OF ATTORNEY HOLDER SRI DEEPAK PRAKASH S/O SRI C.PRAKASH AGED ABOUT 33 YEARS, R/AT NO.1075, 14TH B MAIN, HANUMANTHA NAGAR GAVIPURAM EXTENSION BENGALURU-560019 ...PETITIONER (BY SRI G.S.VENKAT SUBBARAO, ADV.) AND :
1 . UNION OF INDIA MINISTRY OF ROAD TRANSPORT & HIGHWAYS REP BY ITS SECRETARY, NEW DELHI-110001 2 . NATIONAL HIGHWAY AUTHORITY OF INDIA HOSAKOTE-DABASPET SECTION SITE OFFICE AT NELAMANGALA NATIONAL HIGHWAY NO.207 REP BY ITS PROJECT DIRECTOR NHAI PIU, BENGALURU-562123 3 . THE SPECIAL LAND ACQUSITION OFFICER & COMPETENT AUTHORITY NATIONAL HIGHWAYS AUTHORITY OF INDIA H-207, NEAR SRIGANDHA PETROL BUNK, SONDEKOPPA CIRCLE, NELAMANGALA, BENGALURU RURAL DISTRICT-562123 4 . SMT.R.MANJULA W/O B.M.SRIKANTAIAH, MAJOR 5 . SRI SHIVANNA S/O SRI RAMANNA, MAJOR RESPONDENT No.4 & 5 ARE R/O BYRAMANGALA VILLAGE BIDADI HOBLI, RAMANAGARAM TALUK-562159 …RESPONDENTS (BY SRI K.S.BHEEMAIAH, ADV. FOR R-1; SMT.SHILPA SHAH, ADV. FOR R-2 & R-3; R-4 & R-5 SERVED.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 23.09.2014 PASSED BY THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY NATIONAL HIGHWAY AUTHORITY OF INDIA NH-207 SITE OFFICE, NELAMANGALA VIDE ANNEXURE-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner has challenged the order dated 23.9.2014 in the proceedings passed by the Special Land Acquisition Officer and competent Authority National Highway Authority of India NH 207, whereby the said Authority has directed to deposit the compensation amount of Rs.1,66,22,124/- relating to the acquisition of the lands in Sy.No.No.38 of Binnamangala village in view of the litigation pending in O.S.No.262/2002. It transpires that pursuant to the said order, the said Authority has filed Misc. No.6/18 before the IV Addl. District & Sessions Judge, Bangalore Rural District, Devanahalli, and has deposited the compensation amount.
2. Learned counsel for the petitioner would point out that the dispute pending in O.S.No.262/2002 and O.S.No.1048/2007 is no way related to the petitioner’s land of 1 acre 32 guntas. The amount deposited by the respondent Authority under Section 3(4) of the National Highways Act, 1956 without disbursing the same relating to the lands of the petitioner acquired, is arbitrary and illegal.
3. Per contra, learned counsel appearing for the respondent Nos.2 and 3 would submit that in Misc.No.6/2018 proceedings, the petitioner herein has filed the impleading application. The dispute relating to the title to the acquired property in question, requires to be adjudicated before the learned District and Sessions Judge in the pending proceedings. Hence, seeks for dismissal of the writ petitions.
4. Having considered the rival submissions of the learned counsel for the parties, this court is of the considered view that the submissions made by the learned counsel for the respondent Nos.2 and 3 has some force. The disputed facts relating to the title of the property in Sy.No.No.38 and disbursement of the compensation could be adjudicated before the learned District Judge in the pending proceedings, Misc.No.6/18.
5. Hence, the writ petition stands disposed of, reserving liberty to the petitioner to agitate all the contentions in the pending proceedings in Misc.No.6/18. The learned Addl. District Judge shall make an endeavour to dispose of the matter in an expedite manner.
With the aforesaid observations and directions, writ petition stands disposed of.
In view of the disposal of the main matter, all the pending applications stand disposed of.
Sd/- JUDGE Dvr: