DR SRI NEMINATH vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:18523
WP No. 105975 of 2026
CNR: KAHC020126922026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 12 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT PETITION NO.105975 OF 2026 (LA-RES)
BETWEEN:
DR. SRI. NEMINATH@ NEMANNA MAGADUM
S/O. APPAJI MAGADUM,
AGED ABOUT 68 YEARS, OCC. DOCTOR,
R/O. ANKALI, TQ. CHIKODI, DIST. BELAGAVI-590001.
…PETITIONER
(BY SRI. RAMACHANDRA A.MALI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REP. BY ITS SECRETARY,
DEPT. OF PWD, NATIONAL HIGHWAY DIVISION,
M.S. BUILDING, BENGALURU-01.
2. THE ASST. COMMISSIONER
AND COMPETENT AUTHORITY FOR LAND ACQUISITION,
NH-548B, CHIKODI, PACKAGE-II IN KARNATAKA,
NEAR COURT, CHIKODI, DIST. BELAGAVI-590001.
3. THE DEPUTY COMMISSIONER,
BELAGAVI, DIST. BELAGAVI-590001.
…RESPONDENTS
(BY SMT. RATNAMALA G.H., HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
Digitally signed by
THEJAS KUMAR N
Location: High
Court of
Karnataka,
Dharwad Bench
OF THE CONSTITUTION OF INDIA, PRAYING TO I) ISSUE A WRIT OF
MANDAMUS OR ANY OTHER WRIT OR ORDER IN THE LIKE NATURE,
ND RD
DIRECTING THE 2 AND 3 RESPONDENTS HEREIN TO CONSIDER
THE REPRESENTATIONS AT ANNEXURE-F, F1 AND G SUBMITTED BY
THE PETITIONER AND RECTIFY THE DETERMINATION OF
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HC-KAR
NC: 2026:KHC-D:18523
WP No. 105975 of 2026
CNR: KAHC020126922026
COMPENSATION IN RESPECT OF NA PROPERTIES BEARING SY
NO.265/*, 79/2 AND 79/8 OF ANKALI VILLAGE BY DETERMINING
THE COMPENSATION AT THE RATE OF RS.5782 PER SQ.MTR. AS
ND
DETERMINED AND FIXED BY THE 2 RESPONDENT FOR THE WET/NA
PROPERTIES AS PER THE AWARD DATED 31.12.2024 AND
ND
ACCORDINGLY DIRECT THE 2 RESPONDENT TO CALCULATE AND
PAY THE COMPENSATION TO THE PETITIONER AT THE RATE OF
RS.5782 PER SQ. MTR. FOR ACQUISITION OF PROPERTIES BEARING
SY.NO.265/*, 79/2 AND 79/8 OF ANKALI VILLAGE TO THE EXTENT
SHOWN IN THE AWARD DTD. 31-12-2024 IN THE INTEREST OF
JUSTICE AND EQUITY. II) GRANT SUCH OTHER AND FURTHER
RELIEFS AS ARE JUST EVEN INCLUDING THE COSTS OF THIS
PETITION IN THE INTEREST OF THE JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE T.M.NADAF
ORAL ORDER
This Writ Petition is filed seeking following reliefs:
i. Issue a writ of mandamus or any other writ or
nd rd
order in the like nature, directing the 2 and 3
respondents herein to consider the
representations at Annexure-F, F1 and G,
submitted by the petitioner and rectify the
determination of compensation in respect of NA
properties bearing Sy.No.265/, 79/2 and 79/8 *
of Ankali Village by determining the
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HC-KAR
NC: 2026:KHC-D:18523
WP No. 105975 of 2026
CNR: KAHC020126922026
compensation at the rat of Rs.5,782/- per Sq.
Mtr. As determined and fixed by the second
respondent for the wet/NA properties as per the
award dated 31-12-2024 and accordingly direct
the second respondent to calculate and pay the
compensation to the petitioner at the rate of
Rs.5,782/- per Sq. Mtr. For acquisition of
properties bearing Sy.No.265/, 79/2 and 79/8 *
of Ankali Village to the extent shown in the
award dated 31-12-2024 in the interest of
justice and equity.
ii. Grant such other and further reliefs as are just
even including the costs of this petition in the
interest of justice and equity.
2. Heard, Sri.Ramachandra A.Mali, learned counsel
appearing for the petitioner and Smt.Ratnamala.G.H,
learned High Court Government Pleader, appearing for
respondents/ State.
3. Facts germane to file the present petition are as
under:
3.1 The petitioner is before this Court in respect of
fixation of award amount to his lands, acquired for
the purpose of widening of NH548B (vijayapur –
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WP No. 105975 of 2026
CNR: KAHC020126922026
Sankeshwar Section) from Km. 118.450 (Near
Shiraguppi) to Km 128.450 (Near Ankali) for four
lanes from Shiraguppi to Ankali in Belagavi District,
under Section 3(A)(3) of the National Highways Act,
1956.
3.2 It is the case of the petitioner that, in respect of the
lands acquired, award proceedings came to be issued
as per Annexure-E dated 31.12.2024, wherein,
despite notifying the lands of the petitioner as N.A
potential land, the rate was fixed at Rs.683/- per Sq.
Mtr. for agricultural lands but the rate at Rs.5,782/-
per Sq. Mtr. was fixed for non-agricultural lands, in
the same proceedings.
3.3 In view thereof, the petitioner submitted
representations on 25.07.2025, 18.08.2025 and
20.08.2025 vide Annexures-F, F1 and G, along with
certain documents.
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WP No. 105975 of 2026
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4. This Court, considering the submissions of both
the counsel for the petitioner and learned HCGP, on
04.11.2026, passed the following order:
ORAL ORDER
Learned HCGP to keep the concerned officer
present before the Court, who has passed the
award fixing the compensation, which were fixed
in respect of agriculture, despite notifying the land
of the petitioners are N.A potential land.
5. In terms of the order, the officer who has
passed the order is present before the Court today. The
officer, through learned HCGP submits that, though it is
stipulated in respect of type of land as NA, however the
rate fixed for agricultural land on the premise that the
petitioner has not produced any document in respect of
conversion of land i.e., order of conversion, P.T sheet, etc.
6. In response, Mr.Mali, submits that the
petitioner has produced all the documents along with the
representations, way back in the year 2025.
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7. Learned HCGP submits that, so far as land
bearing Sy.No.79/8 is concerned, Conversion order was
subsequent to Preliminary Notificaiton.
8. In reply, Mr.Mali, submits that the application
seeking conversion was filed on 08.11.2022 i.e., much
earlier to issuance of Preliminary Notification on
17.02.2023 and the Conversion Order came to be passed
subsequent to Preliminary Notification. It is not the case of
the respondent State that the application itself is filed
subsequent to issuance of Notification.
9. The submission made by both the counsel is
placed on record.
10. Accordingly, this Court proceeds to pass the
following:
ORDER
(i) The Writ Petition is disposed of .
(ii) The respondent Authorities are directed
to consider the representations made by
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WP No. 105975 of 2026
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the petitioner along with the documents
and pass modified award, properly
assessing the rate of the lands in
respect of type of land i.e., N.A in
accordance with law, within a period of
eight weeks from today.
(iii) Compliance report shall be filed
immediately after completion of eighth
week.
Sd/-
(T.M.NADAF)
JUDGE
TKN
CT: UMD
List No.: 1 Sl No.: 94