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2025 Supreme(Kar) 945
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
SURAJ GOVINDARAJ, J.
The Special Land Acquisition Officer - Petitioner
Versus
Mahagundappa, S/O. Ishwarappa Pattanashetti - Respondent
Writ Petition No. 106413 OF 2025 (GM-CPC) C/W WRIT PETITION NO. 105023 OF 2025, WRIT PETITION NO. 105050 OF 2025, WRIT PETITION NO. 106414 OF 2025, WRIT PETITION NO. 106451 OF 2025, WRIT PETITION NO. 106553 OF 2025, WRIT PETITION NO. 106718 OF 2025, WRIT PETITION NO. 106719 OF 2025, WRIT PETITION NO. 106720 OF 2025, WRIT PETITION NO. 106721 OF 2025, WRIT PETITION NO. 106722 OF 2025, WRIT PETITION NO. 106723 OF 2025, WRIT PETITION NO. 106732 OF 2025, WRIT PETITION NO. 106733 OF 2025, WRIT PETITION NO. 106739 OF 2025, WRIT PETITION NO. 106743 OF 2025, WRIT PETITION NO. 106752 OF 2025, IN WP.NO.106413/2025
Decided on : 15-09-2025
For the Petitioner:SRI. B.P. MATHAPATI, ADVOCATE
For the Respondent:SRI. S.M. KALWAD, ADVOCATE
The compensation for land acquisition under the National Highways Act must include solatium and interest as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, ensuring uniform application across similar cases.
Headnote:(A) National Highways Act, 1956 - Section 3G(5), Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Compensation claims under national highway acquisitions - Court addressed the applicability of interest rate provisions, determining that compensation, including solatium and interest, had to be calculated according to the 2013 Act - The Execution Court directed a 15% interest post-possession, which the NHAI contested, claiming only 9% under the 1956 Act was appropriate. (Paras 12-17)
(B) Whether compensation calculation criteria altered post-enactment of the 2013 Act - The court clarified that the 2013 Act’s provisions must apply uniformly across acquisitions. (Paras 14.1, 15.1, 15.12)
(C) The court emphasized that varying interest rates based on different enactments would lead to discrimination contrary to constitutional principles, thereby affirming the Execution Court’s decisions as just. (Paras 15.5, 15.10, 17.1)
Findings of Court:
NHAI required to ensure fair compensation in compliance with the relevant laws and rectify any failure in payment regarding interest differentials.
Result: Petitions dismissed.
ORDER :
SURAJ GOVINDARAJ, J.
1. The petitioners are before this Court seeking for the following reliefs:
WP.No.106413/2025:
i. Issue a Writ in the nature of Certiorari by quashing the Impugned Order dated 04-08-2025 passed by the Hon’ble Principal district and Sessions Judge, Dharwad in Execution Petition no. 439/2023, vide Annexure-G.
ii. Issue any other Writ or direction as this Hon’ble Court thinks fit and proper in the interest of justice and equity.
WP.No.105023/2025:
i. Issue a Writ in the nature of Certiorari by quashing the Impugned Order dated 25-06-2025 passed by the Hon’ble Principal district and Sessions Judge, Dharwad in Execution Petition no. 488/2023, vide Annexure-G.
ii. Issue any other Writ or direction as this Hon’ble Court thinks fit and proper in the interest of justice and equity.
WP.No.105050/2025:
i. Issue a Writ in the nature of Certiorari by quashing the Impugned Order dated 25-06-2025 passed by the Hon’ble Principal district and Sessions Judge, Dharwad in Execution Petition no. 487/2023, vide Annexure-G.
ii. Issue any other Writ or direction as this Hon’ble Court thinks fit and proper in the interest of justice and equity.
WP.No.106414/2025:
i. Issue a Writ in the nature of Certiorari by quashing the Impugned Order dated 04-08-2025 passed by the Hon’ble Principal district and Sessions Judge, Dharwad in Execution Petition no.443/2023, vide Annexure-G.
ii. Issue any other Writ or direction as this Hon’ble court thinks fit and proper in the interest of justice and equity.
WP.No.106451/2025:
i. Issue a Writ in the nature of Certiorari by quashing the Impugned Order dated 04-08-2025 passed by the Hon’ble Principal district and Sessions Judge, Dharwad in Execution Petition no.470/2023, vide Annexure-G.
ii. Issue any other Writ or direction as this Hon’ble court thinks fit and proper in the interest of justice and equity.
WP.No.106553/2025:
i. Issue a Writ in the nature of Certiorari by quashing the Impugned Order dated. 04-08- 2025 passed by the Hon’ble principal district and Sessions judge, Dharwad in Execution Petition no. 327/2023, vide Annexure-G.
ii. Issue any other Writ or direction as this Hon’ble court thinks fit and proper in the interest of justice and equity.
WP.No.106718/2025:
i. Issue a Writ in the nature of Certiorari by quashing the Impugned Order dated 04-08-2025 passed by the Hon’ble Principal district and Sessions Judge, Dharwad in Execution Petition no.34/2023, vide Annexure-G.
ii. Issue any other Writ or direction as this Hon’ble court thinks fit and proper in the interest of justice and equity.
WP.No.106719/2025:
i. Issue a Writ in the nature of Certiorari by quashing the Impugned Order dated 04-08-2025 passed by the Hon’ble Principal district and Sessions Judge, Dharwad in Execution Petition no.432/2023, vide Annexure-H.
ii. Issue any other Writ or direction as this Hon’ble court thinks fit and proper in the interest of justice and equity.
WP.No.106720/2025:
i. Issue a Writ in the nature of Certiorari by quashing the Impugned Order dated 04-08-2025 passed by the Hon’ble Principal district and Sessions Judge, Dharwad in Execution Petition no.328/2023, vide Annexure-G.
ii. Issue any other Writ or direction as this Hon’ble court thinks fit and proper in the interest of justice and equity.
WP.No.106721/2025:
i. Issue a Writ in the nature of Certiorari by quashing the Impugned Order dated 04-08-2025 passed by the Hon’ble Principal district and Sessions Judge, Dharwad in Execution Petition no.31/2023, vide Annexure-F.
ii. Issue any other Writ or direction as this Hon’ble court thinks fit and proper in the interest of justice and equity.
WP.No.106722/2025:
i. Issue a Writ in the nature of Certiorari by quashing the Impugned Order dated 04-08-2025 passed by the Hon’ble Principal district and Sessions Judge, Dharwad in Execution Petition no.31/2023, vide Annexure-F.
ii. Issue any other Writ or direction as this Hon’ble court thinks fit and proper in the interest of justice and equity.
WP.No.106723/2025:
i. Issue a Writ in the natu
