MR M L KRISHNAMURTHY v. NONE
Case at a glance
Provisions considered
- Constitution of India arts. 226, 227
Key paragraphs
- Para 66. In view of the fact that the Government has agreed to address the grievances of the petitioners, as could be evidenced by the contents of the aforementioned communication dated 15.02.2014, it would be suffice to direct respondent No.5 to conduct a survey, as directed…
- Para 77. In view of disposal of Writ Petitions, pending I.As., if any, are accordingly disposed of. Sd/- JUDGE HNM, List No.: 1 Sl No.: 42
Judgment
(BY SMT.RESHMA.K.THAMMAIAH, CGC FOR R-1; SRI. MANJUNATH RAYAPPA, AGA FOR R-2 TO R-5) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE OF AWARD DATED 01.01.2014 AT ANNEXURE-A ISSUED BY R-2, ETC. IN W.P. No.24640/2016: BETWEEN:
1. MR. M.L.GURURAJ, AGED ABOUT 55 YEARS, S/O LATE LAXMAN SETTY, R/AT No.1639, CB ROAD, HOLALKERE TOWN, CHITRADURGA DISTRICT, KARNATAKA-577 526. …PETITIONER - 3 - NC: 2024:KHC:15147 WP No. 58389 of 2016 C/W WP No. 24640 of 2016 WP No. 24641 of 2016 WP No. 58897 of 2016 WP No. 58979 of 2016 (BY SRI. BALARAM.M.L., ADVOCATE) AND:
UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF ROAD TRANSPORT & HIGHWAYS TRANSPORT(PARIVAHAN) BHAWAN 1, PARLIAMENT STREET, NEW DELHI-110001.
THE SPECIAL LAND ACQUISITION OFFICER COMPETENT AUTHORITY UNDERE THE ACT NATIONAL HIGHWAYS AUTHORITY OF INDIA, P.W.D.COMPOUND, K.R.CIRCLE, BANGALORE-560001.
THE CHIEF ENGINEER NATIONAL HIGHWAYS AUTHORITY OF INDIA, P.W.D. COMPOUND, K.R.CIRCLE, BANGALORE-560001.
THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA PUBLIC WORKS DEPARTMENT, P.W.D.OFFICE, HOLALKERE-577526.
THE EXECUTIVE ENGINEER PPP CELL, NATIONAL HIGHWAY-60 FT.ROAD, GOPALAGOWDA BADAVANE, NATIONAL HIGHWAY SUB-DIVISION, SHIVAMOGGA-577 201. (BY SRI K.ANANDRAMAN, CGC FOR R-1; SRI. MANJUNATH RAYAPPA, AGA FOR R-2 TO R-5) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUSH THE NOTICE OF AWARD DATED:01.01.2014 BEARING No.LAQ/NH-13-CHI- SHI-SR. 1/2010-11 AT ANNEXURE-A AND FIRECT HER -2 & R-5 - 4 - NC: 2024:KHC:15147 WP No. 58389 of 2016 C/W WP No. 24640 of 2016 WP No. 24641 of 2016 WP No. 58897 of 2016 WP No. 58979 of 2016 TO FOLLOW UP ON THE LETTER DATED 15.02.2014 (AT ANNEXURE-L) OF THE R-2 TO R-5 DIRECTING THE R-5 TO INVESTIGATE THE COMPLAINTS OF THE PETITIONER REGARDING ERRORS IN MEASUREMENT AND NOTIFY THE FINDING TO THE PETITIONER, ETC. IN W.P. No.24641/2016: BETWEEN:
1. MR.M.C.KASHINATH, AGED ABOUT 42 YEARS, S/O LATE M.L.CHANDRASHEKARA SHETTY, R/AT No.1653 & 1654, CB ROAD, HOLALKERE TOWN, CHITRADURGA DISTRICT, KARNATAKA-577 526. (BY SRI. BALARAM.M.L., ADVOCATE) …PETITIONER AND:
1. UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF ROAD TRANSPORT & HIGHWAYS TRANSPORT(PARIVAHAN) BHAWAN 1, PARLIAMENT STREET, NEW DELHI-110001.
2. THE SPECIAL LAND ACQUISITION OFFICER COMPETENT AUTHORITY UNDERE THE ACT NATIONAL HIGHWAYS AUTHORITY OF INDIA, P.W.D.COMPOUND, K.R.CIRCLE, BANGALORE-560001.
3. THE ASSISTANT EXECUTIVE ENGINEER - 5 - NC: 2024:KHC:15147 WP No. 58389 of 2016 C/W WP No. 24640 of 2016 WP No. 24641 of 2016 WP No. 58897 of 2016 WP No. 58979 of 2016 KARNATAKA PUBLIC WORKS DEPARTMENT, P.W.D.OFFICE, HOLALKERE-577526.
4. THE EXECUTIVE ENGINEER PPP CELL, NATIONAL HIGHWAY-60 FT.ROAD, GOPALAGOWDA BADAVANE, NATIONAL HIGHWAY SUB-DIVISION, SHIVAMOGGA-577 201. (BY SRI.B.M.KUSHALAPPA, CGC FOR R-1; SRI. MANJUNATH RAYAPPA, AGA FOR R-2 TO R-4) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE OF AWARD DATED 01.01.2014 BEARING No.LAQ/NH- 13-CHI-SHI-SR. 1/2010-11 AT ANNEXURE-A AND DIRECT THE R-2 & R-5 TO FOLOW UP ON THE LETTER DATED 15.02.2014 (AT ANNEXURE-L) OF THE R-2 TO THE R-5 DIRECTING THE R-5 TO INVESTIGATE THE COMPLAINTS OF THE PETITIONER REGARDING ERRORS IN MEASUREMENT AND NOTIFY THE FINDINGS TO THE PETITIONER, ETC. IN W.P. No.58897/2016: BETWEEN:
1. MR.S.SRINIVAS, AGED ABOUT 52 YEARS, S/O K.SHANKAR SETTY, R/AT No.1574 & 1575, CB ROAD, HOLALKERE TOWN, CHITRADURGA DISTRICT, KARNATAKA-577 526. (BY SRI. BALARAM.M.L., ADVOCATE) …PETITIONER - 6 - NC: 2024:KHC:15147 WP No. 58389 of 2016 C/W WP No. 24640 of 2016 WP No. 24641 of 2016 WP No. 58897 of 2016 WP No. 58979 of 2016 AND:
1. UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF ROAD TRANSPORT & HIGHWAYS TRANSPORT(PARIVAHAN) BHAWAN 1, PARLIAMENT STREET, NEW DELHI-110001.
2. THE SPECIAL LAND ACQUISITION OFFICER COMPETENT AUTHORITY UNDERE THE ACT NATIONAL HIGHWAYS AUTHORITY OF INDIA, P.W.D.COMPOUND, K.R.CIRCLE, BANGALORE-560001.
3. THE CHIEF ENGINEER NATIONAL HIGHWAYS AUTHORITY OF INDIA, P.W.D. COMPOUND, K.R.CIRCLE, BANGALORE-560001.
4. THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA PUBLIC WORKS DEPARTMENT, P.W.D.OFFICE, HOLALKERE-577526.
5. THE EXECUTIVE ENGINEER PPP CELL, NATIONAL HIGHWAY-60 FT.ROAD, GOPALAGOWDA BADAVANE, NATIONAL HIGHWAY SUB-DIVISION, SHIVAMOGGA-577 201. (BY SRI.A.CHANDRACHUD, CGC FOR R-1; SRI. MANJUNATH RAYAPPA, AGA FOR R-2 TO R-5) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE OF AWARD DATED:01.01.2014 BEARING No.LAQ/NH- 13-CHI-SHI-SR. 1/2010-11 AT ANNEXURE-A AND DIRECT THE R-2 & R-5 TO FOLLOW-UP ON THE LETTER DATED 15.02.2014 (ANNEXURE-J) OF THE R-2 TO THE R-5, DIRECT THE R-5 TO - 7 - NC: 2024:KHC:15147 WP No. 58389 of 2016 C/W WP No. 24640 of 2016 WP No. 24641 of 2016 WP No. 58897 of 2016 WP No. 58979 of 2016 INVESTIGATE THE COMPLAINTS FO THE PETITIONER REGARDING ERRORS IN MESUREMENT AND NOTIFY THE FINDINGS TO THE PETITIONER, ETC IN W.P. No.58979/2016 BETWEEN:
1. MR.M.C.KASHINATH, AGED ABOUT 50 YEARS, S/O LATE M.L.CHANDRASHEKARA SHETTY, R/AT No.1653 & 1654, CB ROAD, HOLALKERE TOWN, CHITRADURGA DISTRICT, KARNATAKA-577 526. (BY SRI. BALARAM.M.L., ADVOCATE) …PETITIONER AND:
1. UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF ROAD TRANSPORT & HIGHWAYS TRANSPORT(PARIVAHAN) BHAWAN 1, PARLIAMENT STREET, NEW DELHI-110001.
2. THE SPECIAL LAND ACQUISITION OFFICER COMPETENT AUTHORITY UNDERE THE ACT NATIONAL HIGHWAYS AUTHORITY OF INDIA, P.W.D.COMPOUND, K.R.CIRCLE, BANGALORE-560001.
3. THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA PUBLIC WORKS DEPARTMENT, P.W.D.OFFICE, HOLALKERE-577526.
4. THE EXECUTIVE ENGINEER PPP CELL, NATIONAL HIGHWAY-60 FT.ROAD, - 8 - NC: 2024:KHC:15147 WP No. 58389 of 2016 C/W WP No. 24640 of 2016 WP No. 24641 of 2016 WP No. 58897 of 2016 WP No. 58979 of 2016 GOPALAGOWDA BADAVANE, NATIONAL HIGHWAY SUB-DIVISION, SHIVAMOGGA-577 201. (BY SMT.RESHMA.K.THAMMAIAH, CGC FOR R-1; SRI. MANJUNATH RAYAPPA, AGA FOR R-2 TO R-4) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE OF AWARD DATED 01.01.2014 BEARING No.LAQ/NH- 13-CHI-SHI-SR. 1/2010-11 AT ANNEXURE-A AND DIRECT THE R-2 & R-5 TO FOLOW UP ON THE LETTER DATED 15.02.2014 (AT ANNEXURE-L) OF THE R-2 TO THE R-5 DIRECTING THE R-5 TO INVESTIGATE THE COMPLAINTS OF THE PETITIONER REGARDING ERRORS IN MEASUREMENT AND NOTIFY THE FINDINGS TO THE PETITIONER, ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER
1. In all these petitions, the award notice issued to the petitioners is challenged.
2. The petitioners have also sought for a direction to respondent Nos.2 and 5 to follow up with the letter dated
15.02.2014, whereby respondent No.5 is directed to investigate into the complaints raised by the land owners regarding the errors in the measurement and notify the findings to the petitioners. - 9 - NC: 2024:KHC:15147 WP No. 58389 of 2016 C/W WP No. 24640 of 2016 WP No. 24641 of 2016 WP No. 58897 of 2016 WP No. 58979 of 2016
3. Lastly, a direction is sought to respondent No.2 to receive objections and provide for personal hearing on the notice of the award and pass such orders so as to formulate the valuations in the award notices.
4. The petitioners placed reliance on Annexure-M, the communication dated 15.02.2014 addressed Executive Engineer - respondent No.5 sent by the Special Land Acquisition Officer i.e., respondent No.2 which reads as follows-
«µÀAiÀÄPÉÌ ¸ÀA§A¢ü¹zÀAvÉ, G¯ÉèÃRzÀ°è£À ¥ÀlÖt ¤ªÁ¹UÀ¼ÀÄ ºÁUÀÆ ¨sÀƪÀiÁ°ÃPÀgÀÄUÀ¼ÀÄ gÁ¶ÖçÃAiÀÄ ºÉzÁÝj-13gÀ GzÉÝñÀPÉÌ ¨sÀƸÁé¢üãÀªÁUÀÄwÛgÀĪÀ ºÉƼÀ¯ÉÌgÉ vÁ®ÆèPÀÄ ºÉƼÀ¯ÉÌgÉ ¥ÀlÖtPÉÌ ¸ÀA§A¢ü¹zÀ PÀlÖqÀUÀ¼À «¹ÛÃtðUÀ¼À°è ¸ÁPÀµÀÄÖ ªÀåvÁå¸ÀUÀ½gÀĪÀÅzÀÄ PÀAqÀħA¢gÀĪÀÅzÀjAzÀ ¥ÀlÖtzÀ ¤ªÁ¹UÀ¼ÀÄ AiÀiÁªÀ PÁgÀtPÁÌV F ªÀåvÁå¸ÀUÀ¼ÀÄ §A¢gÀÄvÀÛªÉ. EzÀ£ÀÄß ¸Àj¥Àr¹zÀ £ÀAvÀgÀ ¸Áé¢üãÀPÉÌ ©qÀĪÀÅzÁV UÀ¯ÁmÉUÀ¼ÀÄ ªÀiÁqÀÄwÛgÀÄvÁÛgÉ. DzÀÝjAzÀ ¸ÀzÀj ¥ÀlÖtPÉÌ ¨sÉÃn ¤Ãr ¸ÀܼÀ ¥Àj²Ã°¹ DzsÀĤPÀ vÀAvÀæ G¥ÀAiÉÆÃV¹ ¸ÀzÀj ªÀåvÁå¸ÀUÀ¼À£ÀÄß ¸Àj¥Àr¹PÉÆqÀ®Ä PÀbÉÃj¬ÄAzÀ PÀ¼ÀÄ»¸ÀÄwÛgÀĪÀ ²æ PÀȵÀÚ¸Áé«Ä, ¨sÀƪÀiÁ¥ÀPÀgÀÄ, EªÀgÉÆA¢UÉ dAnAiÀiÁV ¸ÀܼÀ ¥Àj²Ã°¹ Cw dgÀÆgÁV ªÀgÀ¢AiÀÄ£ÀÄß ¤ÃqÀ®Ä PÉÆÃjzÉ.
- 10 - NC: 2024:KHC:15147 WP No. 58389 of 2016 C/W WP No. 24640 of 2016 WP No. 24641 of 2016 WP No. 58897 of 2016 WP No. 58979 of 2016
5. Learned Additional Government Advocate submits in view of this particular communication, the Government will conduct a joint survey and correct the errors, if any, in the measurements and also issue a corrigendum, if necessary, therafter.
In view of the fact that the Government has agreed to address the grievances of the petitioners, as could be evidenced by the contents of the aforementioned communication dated 15.02.2014, it would be suffice to direct respondent No.5 to conduct a survey, as directed in the communication dated 15.02.2014 and verify the measurements and make necessary corrections, if found necessary. If it is found that there are, in fact, errors in the measurements in the Notifications, the respondents shall issue a corrigendum to the Notifications issued under Section 3A and 3D of the National Highways Act, 1956 and - 11 - NC: 2024:KHC:15147 WP No. 58389 of 2016 C/W WP No. 24640 of 2016 WP No. 24641 of 2016 WP No. 58897 of 2016 WP No. 58979 of 2016 also to the award notice. The Writ Petitions are, accordingly, disposed of.
In view of disposal of Writ Petitions, pending I.As., if any, are accordingly disposed of. Sd/- JUDGE HNM, List No.: 1 Sl No.: 42
Questions this judgment answers
Which statutory provisions did this judgment involve?
Constitution of India — arts. 226, 227.
Which court decided this case, and when?
Karnataka High Court, on 16 Apr 2024. The bench was N S SANJAY GOWDA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.