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HIGH COURT OF KARNATAKA
SAVALO BABU NAIK – Appellant
Versus
THE SPECIAL LAND ACQUISTION OFFICER – Respondent
WP/115241/2019
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 11TH DAY OF AUGUST, 2021
BEFORE
THE HON’BLE MR.JUSTICE S.R. KRISHNA KUMAR
W.P. No. 115241/2019 &
W.P. No. 116260/2019 (LA-RES)
BETWEEN:
1.
SAVALO BABU NAIK, AGE: 86 YEARS,
OCC.: RTD. SENIOR MANAGER,
CANARA BANK, R/O # 19, SHANTI COLONY,
VISHWESHWAR NAGAR, HUBBALLI-580 032.
2.
RAJEEV SAVALO NAIK, AGE: 57 YEARS,
OCC: WORKING IN PRIVATE COMPANY,
R/O # 19, SHANTI COLONY,
VISHWESHWAR NAGAR, HUBBALLI-580 032.
3.
SANJEEV SAVALO NAIK, AGE: 55 YEARS,
OCC.: LIC INSURANCE ADVISOR,
R/O # 19, SHANTI COLONY, VISHWESHWAR NAGAR,
HUBBALLI-580 032.
4.
GURUNATH S. NAIK, AGE: 86 YEARS,
OCC: RETIRED MANAGER,
R/O MAJALI, KARWAR-581 345.
5.
SAKHARAM S/O VITTRURAM NAIK RANE,
AGE: 76 YEARS, OCC: RETIRED GOVT. SERVANT,
R/O. # 104, PARIJAT, 2ND MAIN ROAD,
NEAR HALAGENESH TEMPLE, VIDYAGIRI,
DHARWAD-580 004.
6.
MALINI CHANDRAKANT NAIK,
AGE: 67 YEARS, OCC; RETIRED GOVT. TEACHER,
R/O. NO.F-1, MACHODO SUPRIME CHURCH,
VASCO DA GAMA SOUTH GOA-403 802.
7.
HEMA GOVIND GAONKAR,
2
AGE: 65 YEARS, OCC.: HOUSEWIFE,
R/O NO. 305, ORCHID TOWER, AKRUTI ROAD,
LOKHANDWALA TOWNSHIP, MUMBAI,
KANDICALLI, EAST MUMBAI-400 101.
VACHALABAI SAVANT YESHWANT DECEASED BY LRS
8.
REENA W/O RAMESH GOANKAR,
AGE: 48 YEARS, OCC.: HOUSEWIFE,
R/O SADASHIVAGAD, KARWAD-581 301.
9.
CHANDRAKANT BABU NAIK,
AGE: 69 YEARS, OCC.: RETIRED PRINCIPAL,
R/O NO.F-1, MACHODO SUPRIME CHURCH,
VASCO DA GAMA SOUTH GOA-403 802.
-
PETITIONERS
(BY SMT. ARCHANA A. MAGADUM, ADVOCATE)
AND:
1.
THE SPECIAL LAND ACQUISITION OFFICER,
HUBLI-DHARWAD URBAN DEVELOPMENT
AUTHORITY, HUBBALLI-580 001.
2.
HUBLI-DHARWAD URBAN DEVELOPMENT
AUTHORITY, HUBBALLI REPTD. BY ITS COMMISSIONER,
P.B. ROAD, NAVANAGAR, HUBBALLI-580 001.
3.
THE STATE OF KARNATAKA REPTD. BY ITS SECRETARY,
URBAN DEVELOPMENT OFFICE,
VIKAS SOUDHA, BENGALURU-560 001.
4.
ASSISTANT COMMISSIONER,
UB HILLS ROAD, NEAR HINDI
PRACHAR SABHA CIRCLE, MALMADDI,
DHARWAD, KARNATAKA-580 001.
5.
DEPUTY COMMISSIONER,
DHARWAD-580 001.
-
RESPONDENTS
(BY SRI G.I. GACHCHINAMATH, ADVOCTE FOR R1 & R2,
SRI V.S. KALASURMATH, H.C.G.P. FOR R3 TO R5)
3
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
NOTIFICATION DATED 14/10.11.2013 ISSUED BY RESPONDENT NO.2
VIDE ANNEXURE-B & ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING
‘B’
GROUP
THIS
DAY,
THE
COURT,
MADE
THE
FOLLOWING:
ORDER
In these writ petitions, petitioners have sought for the
following reliefs:
a)
Issue writ of certiorari quashing Annexure-B notification
dated 14.10/11.2013 issued by 2nd respondent in so far as
petitioners are concerned;
b)
Issue writ of certiorari quashing Annexure-E, E1, E2,
E3, E4 and E5 endorsement order issued by respondent No.5
in so far as petitioners are concerned;
c)
Issue a writ of mandamus directing the 5th respondent
to consider the representation dated 15.10.2019 at Annexure-
H;
2.
Heard the learned Counsel for the petitioners and
learned counsel for the respondents and perused the material
on record:
3.
In addition reiterating the various contentions urged in
the petition and referring to the documents produced by the
4
petitioners, learned counsel for the Petitioners submits that
the subject lands owned and possessed by the petitioners
were notified for acquisition by the respondent No. 2- HUDA
vide preliminary notification dated 14.10/11.2013; however
subsequently, neither was any final notification issued nor
any further steps were taken by the respondents to complete
the
acquisition
proceedings.
Instead,
respondent
No.2
addressed a communication dated 28.09.2017 to respondent
No.3-State, recommending dropping/ deletion of the subject
lands from acquisition; respondent No.3 however, did not
take any steps/action in this regard. It is also pointed out
that
on
