IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT PETITION No.15919 OF 2025 (LA - RES)

BETWEEN

1 . SRI M.SUDHAKAR PAI S/O LATE M.KOGGANNA PAI, AGED ABOUT 57 YEARS, ADVOCATE-HIGH COURT, NO.1080, 1^ST FLOOR, 12^TH CROSS, KODANDARAMAPURAM, MALLESHWARAM, BENGALURU – 560 003.

2 . SRI M.NARAYANA PAI S/O LATE M.KOGGANNA PAI, AGED ABOUT 58 YEARS, P.O. MANI – 574 253 BANTWAL TALUK (D.K.)

... PETITIONERS (BY SRI D.R.RAVISHANKAR, SR. ADVOCATE A/W SRI KETHAN KUMAR, ADVOCATE)

AND:

1 . THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY NATIONAL HIGHWAY - 75 (48), HASSAN, B.C.ROAD DIVISION, NO.HIG-64, D.T.D.C. COURIER OFFICE BUILDING, 1^ST FLOOR, K.H.B. COLONY, CHANNAPATTANA, OPP. NEW K.S.R.T.C. BUS STAND, HASSAN – 573 201 (COMPETENT AUTHORITY UNDER NATIONAL HIGHWAY AUTHORITY OF INDIA)

2 . THE PROJECT DIRECTOR NATIONAL HIGHWAY AUTHORITY OF INDIA, P.I.U, MANGALURU, DOOR NO.3-29, “BETHEL”, THARETHOTA, NEAR PUMPWELL (NH-66)

MANGALURU – 575 002 (D.K.)

... RESPONDENTS (BY SRI BIDAN CHANDRA, ADVOCATE FOR SRI PADMANABHA HOLLA S., ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DTD-02.05.2025 IN NO. SLAO / NHAI / AWARD / DK.22B / MANI / 2024-25 ISSUED BY RESPONDENT NO.1 THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY, NATIONAL HIGHWAY -75(48), HASSAN, B.C.ROAD DIVISION, HASSAN (VIDE ANNEXURE-Q); DIRECTING THE RESPONDENT NO.1/ THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY, NATIONAL HIGHWAY-75(48), HASSAN, B.C.ROAD DIVISION, HASSAN TO PASS AN AWARD FORTHWITH IN FAVOUR OF PETITIONER NO.(1), IN RESPECT OF A LAND MEASURING 384 SQ.MTRS IN SY.NO.128/8B1 OF MANI VILLAGE, BANTWAL TALUK(DK), IN ACCORDANCE WITH HIS OWN ENDORSEMENT IN NO. SLAO/NHAI/HSN/OTHER-8/2022-23 DTD- 25.04.2022 (VIDE ANNEXURE-J TO W.P.) AND ALSO PASS AN AWARD FORTHWITH IN FAVOUR OF PETITIONER NO.(2), IN RESPECT OF A LAND MEASURING 425 SQ.MTRS IN SY.NO.128/18 OF MANI VILLAGE, BANTWAL TALUK(DK), IN ACCORDANCE WITH HIS OWN ENDORSEMENT IN NO. SLAO/NHAI/HSN/OTHER-7/2022- 23 DTD-25.04.2022 (VIDE ANNEXURE-K TO W.P.) AND ALSO PURSUANT TO THE REPRESENTATION DTD-08.04.2025(VIDE ANNEXURE-P TO W.P.) WITH ALL STATUTORY BENEFITS, INTEREST, ETC. ETC., ACCRUING THEREFROM; C) DIRECT RESPONDENT NO.1 TO PAY COSTS TO THE PETITIONERS FOR MEDDLING WITH THEIR PROPERTY RIGHTS.

THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-

CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA

CAV ORDER

The petitioners are before this Court calling in question endorsement dated 02-05-2025 issued by the 1^st respondent/ Special Land Acquisition Officer and the Competent Authority, National Highways, whereby the claim for enhancement of compensation comes to be rejected and as a consequence thereof, the petitioners have sought a direction by issuance of a writ in the nature of mandamus directing grant of enhancement of compensation to the land that is utilized beyond the acquired area.

2. Facts, in brief, germane are as follows: -

2.1. Land measuring 1 acre 86 cents in Sy.No.128/8B1 at Mani Village, Bantwal Taluk, Dakshina Kannada District was allotted to the petitioners and their father. The petitioners are brothers. All the statutory and revenue entries stood in the names of these petitioners right from the year 1988-89. On 24-05-1997 Sy.No.128/8B1 becomes the subject mater of partition through a partition deed between the petitioners and their father. Land in Sy.No.128/8B1A measuring 1 acre 26 cents comes to the share of the 1^st petitioner and land in Sy.No.128/8B1B measuring 60 cents comes to the share of the 2^nd petitioner.

2.2. When things stood thus, a replotting order comes to be passed by the Deputy Director of Land Records, Mangalore (‘DDLR’) in the light of some discrepancy in the description of property. Then comes the activities of the National Highways Authority of