IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 30^TH DAY OF NOVEMBER 2021

BEFORE

THE HON9BLE MR.JUSTICE ASHOK S. KINAGI

WRIT PETITION NO.12546 OF 2017 (LA-RES)

BETWEEN:

SRI. M. R. RAVI

S/O MARI GOWDA

AGED ABOUT 47 YEARS

R/A RAYASANDRA VILLAGE

KASABA HOBLI, KANAKAPURA TALUK

RAMANAGARA DISTRICT - 563478

...PETITIONER

(BY SRI. M. H. PRAKASH, ADV. FOR

SRI. R. SRINIVASA GOWDA, ADV.)

AND:

THE SPECIAL LAND ACQUISITION OFFICER

NATIONAL HIGHWAYS AUTHORITY OF INDIA

NATIONAL HIGHWAY - 209, MALAVALLI

MANDYA DISTRICT - 563487

&RESPONDENT

(BY SRI. ANIL K. S., ADV. FOR

SRI. CHANDAN, ADV.)

THIS WRIT PETITION IS FILED UNDER ARTICLES

226 AND 227 OF THE CONSTITUTION OF INDIA

PRAYING TO QUASH THE AWARD DATED NIL PASSED BY

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THE RESPONDENT AS PER ANNEXURE-D INSOFAR AS

DENIAL OF COMPENSATION FOR A-KARAB LAND AND TO

DECLARE THAT THE PETITIONER IS ENTITLTED FOR

COMPENSATION

FOR

THE

LAND

MEASURING

300

SQ.METERS IN Sy.No.47 OF RAYASANDRA VILLAGE,

KASABA HOBLI, KANAKAPURA TALUK; AND ETC.

THIS WRIT PETITION COMING ON FOR FINAL

HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

The petitioner has filed this writ petition seeking

for a writ in the nature of certiorari to quash the

award dated 'nil' passed by the respondent as per

Annexure-D insofar as denial of compensation for A-

Kharab land and to declare the petitioner as entitled

for compensation for the land measuring 300 sq.mts.

in Sy.No.47 of Rayasandra Village, Kasaba Hobli,

Kanakapura Taluk as per the law laid down in the case

of SADASHIVAIAH & ORS. V/S STATE OF KARNATAKA &

ORS. [ILR 2003 (KAR) 5088].

2.

Brief facts leading rise to filing of this

appeal is as under:

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The petitioner claims that he is the owner of land

bearing Sy.No.47 measuring 36 guntas including 12

guntas

of

Rayasandra

Village,

Kasaba

Hobli,

Kanakapura Taluk. The said land was purchased

under registered sale deed. On the strength of

registered sale deed, name of the petitioner was

entered in the revenue records. The land bearing

Sy.No.47 measuring 12 guntas was classified as pot

kharab

land.

Nevertheless

the

petitioner

had

cultivated the entire extent. The extent shown as pot

kharab has not been reserved for public purpose nor

has been used for any public purpose. The petitioner

claims that the National Highway Authority has issued

preliminary notification under Section 3E of the

National Highway Authority Act on 20.01.2015.

The surveyor of the respondent-authority have

identified 300 sq.mts. out of 1675 sq.mts as A-

kharab land. An award also came to be passed vide

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Annexure-D only for 1375 sq.mts., excluding 300

sq.mts. of A-kharab land. The petitioner submits that

petitioner is entitled for compensation for 300 sq.mts.

which is A-kharab land. Hence prayed to allow the the

petition.

3. The question for consideration in this writ

petition is, whether the petitioner would be entitled to

claim compensation in respect of what is admittedly

A- kharab land in an extent of 300 sq.mts.

4. Rule 21 of Karnataka Land Revenue Rules,

1966,

classifies

the

lands

for

the

purpose

of

assessment with respect to their productive qualities.

Sub-Rule (2) provides for classification of land

included as unarable to be treated as pot kharab and

pot kharab lands, in turn, are classified as follows:-

"a) That which is classified as unfit for

agriculture at the time of survey including

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the farm buildings or threshing floors of the

holder;

b) That which is not assessed because,

(i) it is reserved or assigned for public

purpose; (ii) it is occupied by a road or

recognized footpath or by a tank or stream

used by persons other than the holders for

irrigation, drinking or domestic purposes;

(iii) used as burial ground or cremation

ground; (iv) assigned for village potteries."

5.

The Learned counsel for petitioner would

contend that the kharab land in question clearly falls

under clau