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2025 Supreme(Kar) 675

IN THE HIGH COURT of KARNATAKA, KALABURAGI BENCH 
S.R.Krishna Kumar, J.
Kashinath, S/O Amarappa Salakk and ors.– Petitioners
Versus
The Union of India Through The Secretary, Ministry of Road Transport And Highways, Govt. of India, New Delhi and Ors. – Respondent
Writ Petition No. 202818 of 2023, Writ Petition No. 203396 of 2023, Writ Petition No. 203301 of 2023, Writ Petition No. 203371 of 2023, Writ Petition No. 203397 of 2023, Writ Petition No. 200161 of 2024 
Decided On : 02-06-2025


Advocate Appeared:
For the Petitioner:Sri. Rudresh.B. Kerudi, And Sri. Sangoli Naganna, Advocates
For the Respondent:Sri. Sudhirsingh.R., Sri. Santosh Kumar Maradi, Advocate For , Sri. Y.H.Vijay Kumar, Aag, Sri. Gopala Krishna Yadhav, Hcgp

The right to property under Article 300A must be upheld through due legal processes; unlawful dispossession by state authorities mandates compensation per statutory requirements.

Headnote:(A) National Highways Act, 1956 - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - The petitioners claimed compensation for land and structures demolished without due process of law. The State's contention that prior acquisition occurred was unsupported by evidence. The Court emphasized the fundamental right to property under Article 300A and mandated acquisition as per statute. (Paras 14-19)

(B) The Court ruled that unilateral demolition of property without lawful acquisition constitutes a violation of constitutional rights, mandating adherence to legal procedures. (Paras 14-19)

Facts of the case:
Petitioners owned properties demolished by authorities for highway development without proper acquisition procedure. Respondents failed to prove legal acquisition of the properties. (Paras 8-14)

Findings of Court:
The demolition was ruled illegal as it violated the due process required for property acquisition, supporting the claim for compensation. (Paras 19-24)

Issues: Whether the respondents had legally acquired properties before demolition and the validity of the enforced actions without compensation. (Paras 15-18)

Ratio Decidendi: The right to property is protected under Article 300A, and the Court confirmed that state actions violating due process are illegal. Compensation must adhere to statutory frameworks. (Paras 19-25)

Result: Petitions allowed; respondents directed to pay compensation as per lawful provisions. (Paras 60)

Table of Content
1. reliefs sought by petitioners under various writ petitions. (Para 2 , 3 , 4 , 5 , 6)
2. respondents' contention about the legality of demolition and lack of acquisition. (Para 8 , 10 , 11)
3. court's observations on due process and legality of demolition. (Para 14 , 15 , 16 , 17)
4. court's decision to quash previous awards and enforce compensation according to law. (Para 18 , 19 , 20)

ORDER :

S.R.Krishna Kumar, J.

In W.P.No.202818/2023, the petitioners seek the following reliefs:

A) A Writ in the nature of mandamus, directing the respondent authorities to initiate acquisition proceedings under National High Ways Act, 1956 and pay compensation under R F C T L A R R Act of 2013, in respect of lands/structures of the petitioner.

B) Kindly issue a writ or Order or Direction in the nature of Mandamus to the respondents to give the compensation immediately according to today’s valuation & Schedule Of Rates to the demolished structures and lands of the petitions along with the 100% of Solatium and 18% of interest per annum from the date of Demolish, within a time bound period, in the interest of justice and equity.

C) Kindly Issue any other suitable writ or order or directions deemed fit under the facts and circumstances of the case including awarding of costs in the interest of justice and equity.”

2. In W.P.No.203396/2023, the petitioners seek the following reliefs:

A) A writ in the nature of mandamus, directing the respondent authorities to initiate acquisition proceedings under National High ways Act 1956 and pay compensation under RFCTLARR Act of 2013, in respect of lands/structures of the petitioners coming at Devara Hipparagi Town Panchayat, Properties No.-865/B of Petitioner-1, 865/B2 of Petitiner-2, 865/B1 of Petitioner-3, 865/A3 of Petitioner-4.

B) Kindly issue a writ or Order or Direction in the nature of Mandamus to the respondents to give the compensation immediately according to today’s valuation & Schedule Of Rates to the demolished structures and lands of the petitioners along with the 100% of Solatium and 18% of interest per annum from the date of Demolish, within a time bound period, in the interest of justice and equity.

C) Kindly issue any other suitable writ or order or directions deemed fit under the facts and circumstances of the case including awarding of costs in the interest of justice and equity.”

3. In W.P.No.203301/2023, the petitioners seek the following reliefs:

A) A Writ in the nature of mandamus, directing the respondent authorities to initiate acquisition proceedings under National High Ways Act, 1956 and pay compensation under R F C T L A R R Act of 2013, in respect of lands/structures of the petitioner.

B) Kindly issue a writ or Order or Direction in the nature of Mandamus to the respondents to give the compensation immediately according to today’s valuation & Schedule Of Rates to the demolished structures and lands of the petitions along with the 100% of Solatium and 18% of interest per annum from the date of Demolish, within a time bound period, in the interest of justice and equity.

C) Kindly Issue any other suitable writ or order or directions deemed fit under the facts and circumstances of the case including awarding of costs in the interest of justice and equity.”

4. In W.P.No.203371/2023, the petitioners seek the following reliefs:

A) A Writ in the nature of mandamus, directing the respondent authorities to initiate acquisition proceedings under National High Ways Act, 1956 and pay compensation under R F C T L A R R Act of 2013, in respect of lands/structures of the petitioner.

B) Kindly issue a writ or Order or Direction in the nature of Mandamus to the respondents to give the compensation immediately according to today’s valuation & Schedule Of Rates to the demolished structures and lands of the petitions along with the 100% of Solatium and 18% of interest per annum from the date of Demolish, within a time bound period, in the interest of justice and equity.

C) Kindly Issue any other su

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