SRI.ARAVIND AND ORS vs THE ASSISTANT COMMISSIONER AND ANR

Court
Karnataka High Court

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WP No. 204656 of 2019


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IN THE HIGH COURT OF KARNATAKA


KALABURAGI BENCH

ND
DATED THIS THE 2 DAY OF NOVEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

WRIT PETITION NO. 204656 OF 2019 (LA-RES)

BETWEEN:


SRI.ARAVIND
S/O CHANNAPPA TALIKOTI
SINCE DECEASED BY HIS LRS.

SMT. VIJAYALAXMI
W/O ARAVIND TALIKOTI
AGED ABOUT 49 YEARS
OCC: HOUSEHOLD WORK

2. KUMARI ARCHANA D/O ARAVIND TALIKOTI
AGED ABOUT 23 YEARS, OCC: STUDENT

3.
KUMARI NISARGA D/O ARAVIND TALIKOTI
AGED ABOUT 17 YEARS, OCC: STUDENT

4. KUMAR PUNEET S/O ARAVIND TALIKOTI
AGED ABOUT 15 YEARS, OCC: STUDENT
PETITIONERS-3 & 4 BEING MINORS ARE
REP. BY THEIR NATURAL MOTHER AND
M/G PETITIONER-1

ALL ARE R/O. MIG-123, ADARSH NAGAR
VIJAYAPUR-586101.
…PETITIONERS





1.






Digitally signed
by SWETA
KULKARNI
Location: HIGH
COURT OF
KARNATAKA

(BY SRI. S S MAMADAPUR., ADVOCATE)

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AND:

1. THE ASSISTANT COMMISSIONER
CUM COMPETENT AUTHORITY FOR
LAND ACQUISITION, NH-13 FROM
KM 30.340 TO KM 102 FOUR LINE
VIJAYAPUR TO SOLAPUR SECTION
DIST: VIJAYAPUR-586101.

2. THE GENERAL MANAGER (TECH)
AND PROJECT DIRECTOR
NHAI, PIU, DHARWAD-590001
…RESPONDENTS
(BY SRI. VEERANAGOUDA BIRADAR, AGA FOR R1;
SRI.SANTOSH KUMAR MARADI ADV., FOR R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT OF CERTIORARI OR DIRECTION OR ANY OTHER
ORDER IN THE NATURE OF A WRIT QUASHING THE REVISED
AWARD DATED 04.07.2019 BEARING NO.NH-13/CALA/BJP/CR-
19/2011-12 PASSED BY THE RESPONDENT-1 VIDE ANNEXURE-
E AND CONSEQUENTLY DIRECT TO RETAIN THE ORIGINAL
AWARD; II) GRANT SUCH OTHER RELIEF AS DEEMED FIT
UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

ORAL ORDER
This writ petition is filed seeking the following
prayers:
“ i) Issue a writ of certiorari or direction or any
other order in the nature of a writ quashing the revised
award dated 04.07.2019 bearing No.NH-13/CALA/BJP/CR-
19/2011-12 passed by the respondent-1 vide annexure-e
and consequently direct to retain the original award in the
interest of justice and equity.
ii) Grant such other relief as deemed fit under the
facts and circumstances of the case. ”

2. Heard Sri. S.S.Mamadapur, learned counsel
appearing for the petitioners, Sri. Veeranagouda Biradar,
learned Additional Government Advocate appearing for
respondent No.1, Sri. Santosh Kumar Maradi, learned
counsel appearing for respondent No.2 and meticulously
perused the material available on record.
3. The legal heirs of Sri. Aravind S/o Channappa
Talikoti, have filed the present writ petition by contending

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that they are the owners in possession of the land bearing
Survey No.129/4, situated at Mahalbagayat Village,
Vijaypur Taluk and District.
4. The records indicate that an extent of 550
sq.mtrs of the petitioners’ aforesaid land was acquired for
the benefit of the National Highways Authority of India
(‘NHAI’ for short) under the provisions of the National
Highways Act, 1956 (‘NH Act’ for short), pursuant to a
preliminary notification issued under Section 3A(1) of the
NH Act on 07.06.2013, for the purpose of formation of 4/6
laning of the NH-13.
5. Respondent No.1, being the Competent Authority
under the provisions of the NH Act, passed an award dated
22.09.2015 at Annexure-A, determining the compensation
payable in respect of the acquired land at Rs.40,94,541/-.
The petitioners were served with the award notice on
30.01.2016, intimating them about the passing of the
award.

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6. Thereafter, the petitioners submitted a
representation dated 13.05.2019 at Annexure-D seeking
to release the compensation amount. However, instead of
releasing the compensation amount, respondent No.1, the
Assistant Commissioner-cum-Competent Authority under
the provisions of the NH Act, passed the amended award
dated 04.07.2019 at Annexure-E, treating the acquired
land as agricultural land and reducing the compensation
amount from Rs.40,94,541/- to Rs.1,62,837/-.
7. The perusal of the amended award indicates that
respondent No.1 assigned the reason that the acquisition
notification was issued on 17.06.2013 and the petitioners’
land was converted for non-agricultural purpose on
22.10.2013, i.e., subsequent to the issuance of the
acquisition notification. Hence, considering the land as
agricultural land, the award was modified by reducing the
compensation.

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8. Be that as it may, it is required to be noticed that,
once an award is passed by respondent No.1, who is the
Competent Authority under the NH Act, he loses
jurisdiction to alter, tinker with or modify the award
passed by him. The impugned modification of the award
passed by respondent No.1 is without jurisdiction, as no
such power has been conferred upon the Assistant
Commissioner/Competent Authority to modify the award
once it has been passed, and the authority thereby
becomes functus officio .
9. This Court, in the case of THE MANAGING
DIRECTOR, BMTC, BANGALORE Vs. THE SPECIAL
LAND ACQUISITION OFFICER, RAMANAGARA AND
1
OTHERS , while considering the various contentions
advanced therein, has held in paragraph No.17 as under:
“ 17. The Hon'ble Supreme Court in Naresh
Kumar and others , referred to supra held that there is
no provision under the LA Act for review of the award

1
MFA.No.1945/2016, Dated 30.08.2024

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once the award is passed under Section 11 of the LA Act
and the same has attained finality. The co-ordinate
Bench of this Court in the case of KIADB Vs.
Hanumakka , referred to supra held that the SLAO
becomes functus officio after passing of the award. In
view of the aforesaid enunciation of law, we are of the
considered view that the second award dated 26.10.2011
passed by the SLAO at the instance of the Regional
Commissioner is without jurisdiction, illegal and contrary
to the provisions of law. In addition, the second award
dated 26.10.2011 is against a dead person, admittedly,
Sri.R.Shankar Rao Mane died on 20.12.2008. Therefore,
the second award is a nullity in the eye of law and does
not bind the claimants. The reference under Section
18(1) of the LA Act was sought by the legal
representatives of the original owner pursuant to the
liberty granted by the learned Single Judge. Admittedly,
while passing the second award, neither any notice of
enquiry under Section 9 of the LA Act was issued to the
interested persons nor any enquiry as contemplated
under Section 11 of the LA Act was conducted. Hence,
such an award has no sanctity in the eye of law. Same is
non est in the eye of law and cannot be looked into for
the purpose of determination of market value of the
subject land. ”

10. Keeping in mind the enunciation of law laid
down by the Division Bench of this Court in the aforesaid

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decision referred supra , I am of the considered view that
respondent No.1 has exercised a power which is not
vested in it under the provisions of the NH Act.
Consequently, the impugned amended award is without
jurisdiction and is unsustainable in law.
11. The contentions urged on behalf of respondent
No.2 that the petitioners ought to have availed the
alternative remedy of challenging the impugned award
before the Arbitrator under Section 3G(5) of the NH Act
has no merits. Hence, I proceed to pass the following:
ORDER

i) The writ petition is allowed .

ii) The impugned amended award dated
04.07.2019 passed by respondent No.1 at
Annexure-E, is hereby set aside.

iii) Respondent No.1 is directed to release the
compensation amount in favour of the

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petitioners forthwith, as per the award
dated 22.09.2015 at Annexure-A, within a
period of six(6) weeks from the date of
receipt of a copy of this order.
No order as to costs.


Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE



PHM
List No.: 1 Sl No.: 64