Sundaramma v. The Special Land Acquisition Officer

((((((((((((HC-KAR, NC:(2026:KHC:40638( WP(No.(5363(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010122922026( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

RD DATED(THIS(THE(3 (DAY(OF(AUGUST,(2026(

BEFORE(

THE(HON'BLE(MR.(JUSTICE(R.(NATARAJ(

WRIT(PETITION(NO.(5363(OF(2026((LA-RES)(

BETWEEN:(( ( SUNDARAMMA, W/O,MUDALAGIRIYAPPA,, AGED,80,YEARS,, STR/O,B.H.ROAD,,1 ,CROSS,,,

VIDYA,NAGAR,,HARIGE,,, WARD,NO.14,,, SHIVAMOGGA-,577,201,, SHIVAMOGGA,DISTRICT., …PETITIONER, (BY,SRI.,KRISHNAPPA,N.R.,,ADVOCATE),

AND:( (

1., THE,SPECIAL,LAND,ACQUISITION,OFFICER, CANHAI-206,,TUMAKURU,-, SHIVAMOGGA,SECTION,,Digitally signedtiby BETTADAHALLI,COMPLEX,, HEMALATHA0J THRENUKA,SUPER,BAZAAR,,5 ,CROSS,, Location: 60,FT.,ROAD,,SAPATHAGIRI,BADAVANE,,HIGH0COURT OF TUMKURU-572106., KARNATAKA TUMAKURU,DISTRICT, ,

2., THE,DEPUTY,COMMISSIONER,CUM,ARBITRATOR,, NH-206,,SHIVAMOGGA-,577,201., SHIVAMOGGA,DISTRICT., …RESPONDENTS, (BY,SMT.,POOJA,M.,KOORSE,,HIGH,COURT,GOVERNMENT,PLEADER), THIS, WP, IS, FILED, UNDER, ARTICLES, 226, AND, 227, OF, THE, CONSTITUTION, OF, INDIA, PRAYING, TO, DIRECT, THE, RESPONDENT,

NO.1 TO IMPLEMENT THE ORDER DATED 21.06.2025 PASSED BY RESPONDENT NO.2 IN CASE NO. NH-206.LAC.ARBT.149/2022, BY FIXING TIME, THE COPY OF THE ORDER DATED 21.06.2025 IS PRODUCED AT ANNEXURE-B.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL ORDER

The petitioner has sought for a writ in the nature of mandamus to direct respondent No.1 to implement the order dated 21.06.2025 passed by respondent No.2 in case No.NH-206-.LAC.ARBT.149/2022.

¶2The petitioner contends that respondent No.1 acquired her land and building situate at Harige Grama, Nidhige Hobli, Shivamogga Taluk and District for the purpose of formation of National Highway-206 between Tumakuru and Shivamogga. An award was passed determining the compensation at Rs.1,71,36,431/- and an award notice was issued to the petitioner on 25.05.2020. The petitioner being not satisfied with the award, sought reference and filed an appeal before the respondent No.2. Respondent No.2 partly allowed

the appeal and held that the petitioner was entitled to enhanced compensation only in respect of the portion of the land utilized for commercial purposes after obtaining a licence from the Mahanagara Palike. The matter was remanded to the Special Land Acquisition Officer to determine the revised compensation and to pass a supplementary award, while the award in respect of the remaining portion was left undisturbed. The petitioner contends that she communicated the order of respondent No.2 to the respondent No.1 on 06.09.2025. However, respondent No.1 has not taken any action to implement the said order.

¶3The petitioner is therefore before this Court seeking a direction to respondent No.1 to implement the order passed by respondent No.2.

¶4Learned counsel for the petitioner reiterated the aforesaid contentions and submits that the request of the petitioner be considered at the earliest, as the acquisition is of the year 2020.

¶5Learned High Court Government Pleader for respondents submits that the request of the petitioner would be considered and steps would be taken to implement the order passed by the respondent No.2, as the order of the respondent No.2 is not challenged by the petitioner before any other forum.

¶6In that view of the matter, this petition is allowed. Respondent No.1 is directed to implement the order dated

21.06.2025 passed by respondent No.2 in Case No.NH-

206.LAC.ARBT.149/2022 within a period of three months from the date of receipt of a copy of this order.

Sd/- (R. NATARAJ) JUDGE

HJ List No.: 1 Sl No.: 19