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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
D.K. SINGH, TARA VITASTA GANJU
Project Director, National Highways Authority Of India – Appellant
Versus
Jyoti, W/o. Srinivas Reddy – Respondent
JUDGMENT :
D.K. SINGH, J.
1. The present intra Court appeal has been filed by the appellants-National Highways Authority of India (NHAI), who were the respondents in W.P.No.12631/2022, wherein the impugned judgment and order dated 24.01.2025 came to be passed by the learned Single Judge allowing the writ petition filed by the petitioner-Smt. Jyoti.
2. The parties are referred to as per their ranking in the writ petition, for the sake of convenience.
3. The petitioner has filed the said writ petition under Article 226 of the Constitution of India praying for a writ of mandamus to the respondent No.4-Special Land Acquisition Officer, NHAI, to pay compensation towards acquisition of the land of the petitioner admeasuring 606 sq.mts. in Survey No.92/7A (Khata No.804) as per the award proceedings dated 06.09.2018.
4. The petitioner claims to be the owner of the land admeasuring 1 acre and 7 guntas in Survey No.92/7A (Khata No.804) situated at Guddadarangavvanahalli Village of Chitradurga Taluk on National Highway No.50. Out of the total extent of land admeasuring 1 acre and 7 guntas, 606 sq.mts. of land is said to have been acquired by the NHAI for the purpose of extension of the National Hi
Mistaken inclusion of land in acquisition notifications does not automatically grant ownership, and compensation requires assessed possession under relevant laws.
(1) Power to issue Notification would include a power to rescind Notification.(2) Proceeding under Section 48(1) of Land Acquisition Act is administrative in nature.(3) An order secured by fraud and ....
The court emphasized the importance of providing sufficient opportunity to the petitioner and considering all contentions and documents in accordance with law.
Acquisition of land under Section 3-D of the National Highways Act extinguishes the owner's rights upon notification, and related lease agreements become void.
Once land is acquired and vests in the state, compensation obligations persist and cannot be negated by later claims of non-utilization.
Proper notification of land acquisition must include the owner's name and property details to ensure the right to object is upheld, as mandated by the National Highways Act.
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