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2024 Supreme(Online)(Kar) 38987
WP No. 24929 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2024 BEFORE THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO.38442 OF 2016 (LA-RES)
C/W WRIT PETITION NO.27841 OF 2016 (LA-RES)
AND WRIT PETITION NO.24929 OF 2022 (LA-RES)
IN WP NO.38442 OF 2016:
BETWEEN:
1. SRI REDDAPPA B.
S/O LATE BACHHIREDDY AGED ABOUT 58 YEARS HAROBANDE CHIKKABALLAPURA TALUK AND DISTRICT-562 101.
Digitally …PETITIONER signed by H (BY SRI RAGHAVENDRA K., ADVOCATE)
K HEMA Location:
AND:
High Court of Karnataka
1. THE SPECIAL LAND ACQUISITION OFFICER NATIONAL HIGHWAYS AUTHORITY NO.678/3, NEERUBAVI KEMPANNA LAYOUT HEBBALA BANGALORE-560 024.
2. THE PRINCIPAL SECRETARY (AMENDED V.C.O.
REVENUE DEPARTMENT DATED 15.07.2022)
GOVERNMENT OF KARNATAKA VIDHANA SOUDHA WP No. 24929 of 2022 DR. B.R. AMBEDKAR VEEDHI BANGALORE.
…RESPONDENTS (BY SRI V. SHIVAREDDY, AGA FOR R.2;
SMT. SHILPA SHAH, ADVOCATE FOR R.1.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTION QUASHING NOTIFICATION DATED 14.08.2006 ISSUED BY THE RESPONDENT ANNEXURE-C, IN SO FAR AS SY.NO.18, TO AN EXTENT OF 405 SQUARE METERS=4 GUNTAS SITUATED AT HAROBANDE, CHIKKABALLAPURA (TQ) IS CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY, ETC.
IN WP NO.27841 OF 2016:
BETWEEN:
1. SRI REDDAPPA S/O LATE BACHHIREDDY AGED ABOUT 58 YEARS HAROBANDE CHIKKABALLAPURA TALUK AND DISTRICT-562 101.
…PETITIONER (BY SRI RAGHAVENDRA K., ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER NATIONAL HIGHWAYS AUTHORITY NO.678/3, NEERUBAVI KEMPANNA LAYOUT HEBBALA, BANGALORE-560 024.
…RESPONDENT (BY SMT. SHILPA SHAH, ADVOCATE)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF WP No. 24929 of 2022 CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTION QUASHING THE NOTIFICATION NO.1555(E) DATED 15.09.2006 ANNEXURE-C, PASSED BY THE RESPONDENT, IN SO FAR AS SY.NO.18, SITUATED AT HAROBANDE, CHIKKABALLAPURA (TQ) IS CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY, ETC.
IN WP NO.24929 OF 2022:
BETWEEN:
1. SRI SRINIVASAPPA S/O LATE VENKATARAYAPPA AGED ABOUT 66 YEARS HAROBANDE CHIKKABALLAPURA TALUK AND DISTRICT-562 101.
…PETITIONER (BY SRI R.S. RAVI, SENIOR ADVOCATE FOR SRI AKARSH KUMAR GOWDA, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER NATIONAL HIGHWAYS AUTHORITY NO.678/3, NEERUBAVI KEMPANNA LAYOUT HEBBALA BANGALORE-560 024.
2. THE PRINCIPAL SECRETARY REVENUE DEPARTMENT GOVERNMENT OF KARNATAKA VIDHANA SOUDHA DR. B.R. AMBEDKAR VEEDHI BANGALORE-560 001.
…RESPONDENT (BY SRI V. SHIVAREDDY, AGA FOR R.2;
SMT. SHILPA SHAH, ADVOCATE FOR R.1.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF WP No. 24929 of 2022 CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTION QUASHING THE NOTIFICATION NO.1555(E) DATED 15.09.2006 ANNEXURE-D AND NOTIFICATION NO.1306(E) DATED 14.08.20226 ANNEXURE-E PASSED BY THE RESPONDENT NO.1, IN SO FAR AS SY.NO.191/1, AND 190/4, SITUATED AT HAROBANDE, CHIKKABALLAPURA (TQ) IS CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY, ETC.
THESE PETITIONS COMING ON FOR FINAL HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. By way of the notification dated 15.09.2006 published under Section 3A of the National Highways Act, 1956 ('the Act, 1956' for short), the respondents sought to acquire the lands of the petitioners herein for widening of National Highway No.7 and also to create amenities on National Highway No.7. A declaration under Section 3D of the Act, 1956 has been published on 27.06.2007. Aggrieved by the same, the present writ petitions are filed challenging the said acquisition.
WP No. 24929 of 2022
2. The case of the petitioners is that their properties border the national highway and are not required for road widening and that the respondents/authorities have sought to acquire around 17 acres of land in and around the lands of the petitioners in the guise of providing certain amenities and are actually doing real estate business. It is further submitted that even though 3D declaration was issued in the year 2007, no developmental activities has taken place till now and that the petitioners are still in possession of the properties concerned and are tilling the lands. It is also submitted that the petitioners have not been paid any compensation so far and for that reason, it is prayed that the acquisition be set aside.
3. Per contra, the respondents contend that as per Section 13 of the National Highways Authority of India Act, 1988 ('the Act' for short), any land required by the authority for discharging its functions under the Act shall be deemed to be land needed for a public purpose and the same may be acquired by the authorities concerned. It is WP No. 24929 of 2022 further submitted that Section 16 of the Act empowers the National Highway Authorities to provide amenities.
Sections 13 and 16 of the Act read as under:
"13. Compulsory acquisition of land for the Authority.—Any land required by the Authority for discharging its functions under this Act shall be deemed to be land needed for a public purpose and such land may be acquired for the Authority under the provisions of the National Highways Act, 1956.
16. Functions of the Authority.—(1) Subject to the rules made by the Central Government in this behalf, it shall be the function of the Authority to develop, maintain and manage the national highways and any other highways vested in, or entrusted to, it by the Government.
(2) Without prejudice to the generality of the provisions contained in sub-section (1), the Authority may, for the discharge of its functions—
(a) survey, develop, maintain and manage highways vested in, or entrusted to, it;
(b) construct offices or workshops and establish and maintain hotels, motels, restaurants and rest- rooms at or near the highways vested in, or entrusted to, it;
(c) construct residential buildings and townships for its employees;
WP No. 24929 of 2022 (d) regulate and control the plying of vehicles on the highways vested in, or entrusted to, it for the proper management thereof;
(e) develop and provide consultancy and construction services in India and abroad and carry on research activities in relation to the development, maintenance and management of highways or any facilities there at;
(f) provide such facilities and amenities for the users of the highways vested in, or entrusted to, it as are, in the opinion of the Authority, necessary for the smooth flow of traffic on such highways;
(g) form one or more companies under the Companies Act, 1956 (1 of 1956) to further the efficient discharge of the functions imposed on it by this Act;
(h) engage, or entrust any of its functions to, any person on such terms and conditions as may be prescribed;
(i) advise the Central Government on matters relating to highways;
(j) assist, on such terms and conditions as may be mutually agreed upon, any State Government in the formulation and implementation of schemes for highway development;
(k) collect fees on behalf of the Central Government for services or benefits rendered under section 7 of the National Highways Act, 1956 (48 of 1956), as amended from time to ti
