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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.S.HEMALEKHA
Eranna H.C. S/o Late Channappa – Appellant
Versus
Deputy Commissioner and Sole Arbitrator (Land Acquisition) Bengaluru – Respondent
ORDER :
1. The petitioner has approached this Court seeking to direct the respondents to consider his representation dated 23.04.2022 and fix compensation in respect of the land acquired under the National Highways Act, 1956 by applying Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation and Resettlement Act, 2013 (herein referred to as ‘Act 2013’) and the comprehensive guidelines issued by the Ministry of Road, Transport and Highways (‘MORTH’ for short) dated 28.12.2017.
Brief facts
2. The petitioner’s land measuring 05 guntas in Sy. No. 183/9A1 now 183/12 of Arishinakunte Village, Dasanapura Hobli, Nelamangala Taluk, was acquired for the purpose of widening NH4. The preliminary and the final notifications were issued in 2007, under Sections 3A and 3D of the National Highways Act, 1956 (‘NH Act, 1956’ for short). The competent authority passed an award on 12.12.2007 fixing Rs. 400/- per square feet, which was disbursed on 30.05.2008. Upon arbitration under Section 3G sub-clause (5) of the NH Act, 1956, the amount was enhanced to Rs. 720/- per square feet on 11.09.2018.
3. The petitioner now seeks for reconsideration of compensation under Act, 2013, claiming
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