Writ Petition No. 103366 of 2024 · Karnataka High Court

(BY SMT. GIRIJA S. HIREMATH, HCGP) … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT 3 TO 6 TO CONDUCT NECESSARY SURVEY OF THE LANDS BEARING I) SY.NO.3/2A MEASURING 05 GUNTAS-08 AND (II) SY.NO.3/2D MEASURING 08 GUNTAS SITUATED AT ZUNJARKOPPA VILLAGE OF MUDHOL TALUK IN BAGALKOTE AND TO IDENTIFY AND ASCERTAIN THE EXACT EXTENT OF THE LAND OF THE PETITIONER TAKEN OVER AND UTILIZED BY THE RESPONDENTS FOR THE PURPOSE OF FORMATION OF STATE HIGHWAY AURAD-SADASHIVGHAD. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - NC: 2024:KHC-D:8283 WP No. 103366 of 2024 ORDER Heard learned counsel for the petitioner.

Learned HCGP is directed to take notice for respondents No.1 to 6.

It is the case of petitioner that he is the owner and in possession of lands bearing Sy.No.3/2A measuring 5 acres 8 annas and Sy.No.3/2D measuring 8 guntas situated at Zunjarkoppa Village of Mudhol Taluk in Bagalkote District. It is stated by the petitioner that the State Highway of Auradh- Sadhashivgad is passing through the property of the petitioner. The respondent authorities without providing proper notice or initiating acquisition proceedings have utilized the property of the petitioner for formation of road. Whereby there is no acquisition or compensation paid to the petitioner. Hence, petitioner made representations dated 06.01.2023 and

09.01.2023 to the respondent authorities vide Annexures-B, B1 to B4, for which the respondent has replied vide Annexures-C, C1 to C3. It appears that there is no satisfactory reply given by the respondent with regard to whether the property of the petitioner has been acquired and has been utilized for - 4 - NC: 2024:KHC-D:8283 WP No. 103366 of 2024 formation of the road and if so, whether the same is in by way of proper acquisition and awarding compensation to the petitioner/land looser. Hence, petitioner is before this Court by way of writ of mandamus for a direction to respondent No.3 to 6 to conduct necessary survey of the aforesaid lands and to identify the exact extent of lands utilized by the respondent authorities for formation of the road.

Learned HCGP for respondents No.1 to 6/State contends that a suitable reply has already been provided by Annexures-C, C1 to C3, in which the letters/representations of the petitioner is addressed. Therefore, there is nothing further required to be done by the State, as the petitioner himself is not sure of whether his property is utilized for formation of the road. However, learned HCGP contends that if at all there is anything missed out with regard to the representations made by the petitioner, the same will be considered in accordance with law.

Placing the submission of learned HCGP on record and having heard learned counsel for both parties, it is seen that the lands of petitioner’s along with few others are utilized - 5 - NC: 2024:KHC-D:8283 WP No. 103366 of 2024 for formation of the road, but there is no acquisition proceedings or compensation awarded. Therefore, the present petitioner is seeking the respondents to conduct the survey in consultation along with the ADLR, if required, for the purpose of survey and address the representations as to what is the extent of lands acquired; if at all the lands of the petitioner is utilized for formation of the road and to what extent.

It is vehement contention of the learned HCGP that the property for formation of the road was acquired long back and the roads have been formed and have been utilized for long period of time and at belated stage, these representations and this writ petition is filed without mentioning the portion of the property of the petitioner as to what is acquired.

However in the interest of the petitioner right over the property as per Article 300A of the Constitution of India, it is the constitutional right for the private citizen to enjoy his property. Nevertheless, if the State wants to acquire, it shall do so in accordance with law and follow the mandate of law and if at all, the State comes to a conclusion after survey that any of the property of the petitioner is acquired and utilized, but - 6 - NC: 2024:KHC-D:8283 WP No. 103366 of 2024 compensation is not paid, the same would have to be paid in accordance with law. Accordingly, I pass the following: ORDER (i) Petition is allowed. (ii) Writ of mandamus is issued to respondents No.3 to 6 to consider the representations of the petitioner at Annexure-B series and pass appropriate suitable orders within a period of four months from the date of receipt of copy of this order by providing suitable opportunity and if required by taking help of ADLR for the purpose of survey. (iii) Writ of mandamus issued directing to respondents No.3 to 6 to conduct survey of lands bearing Sy.No.3/2A measuring 5 acres 8 annas and Sy.No.3/2D measuring 8 guntas situated at Zunjarkoppa Village of Mudhol Taluk in Bagalkote District. (iv) Writ of mandamus issued directing respondents to ascertain whether the lands of - 7 - NC: 2024:KHC-D:8283 WP No. 103366 of 2024 the petitioner is utilized for the purpose of formation State Highway Aurad- Sadashivghad road and any such acquisition for utilization of the lands so made during the course of acquisition/utilization, the necessary records shall be verified by the respondents to acquire lands, if acquired and pay compensation in accordance with law. Sd/- JUDGE SSP CT:BCK List No.: 1 Sl No.: 26