SMT SHANTAVVA W/O LATE SHANKAR TAMBADE vs THE STATE OF KARNATAKA

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HC-KAR
NC: 2026:KHC-D:18327
WP No. 108889 of 2025


CNR: KAHC020242172025



IN THE HIGH COURT OF KARNATAKA AT DHARWAD


TH
DATED THIS THE 6 DAY OF NOVEMBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT PETITION NO.108889 OF 2025 (LA-RES)

BETWEEN:

1. SMT. SHANTAVVA W/O. LATE SHANKAR TAMBADE,
AGE. 59 YEARS, OCC. HOUSEHOLD WORK,
R/O. #19, MARUTI KRUPA,
SHIVGIRI, DHARWAD-580007,
TQ AND DIST. DHARWAD.

2. SHRI. MANJUNATH S/O. LATE SHANKAR TAMBADE,
AGE. 35 YEARS, OCC. BUSINESS,
R/O. #19, MARUTI KRUPA,
SHIVGIRI, DHARWAD-580007,
TQ AND DIST. DHARWAD.









3. SHRI. NAGARAJ S/O. LATE SHANKAR TAMBADE,
AGE. 34 YEARS, OCC. PRIVATE SECTOR EMPLOYEE,
R/O. #19, MARUTI KRUPA,
SHIVGIRI, DHARWAD-580007,
TQ AND DIST. DHARWAD.

4. SHRI. SANTOSH S/O. LATE SHANKAR TAMBADE,
AGE 32 YEARS, OCC. PRIVATE SECTOR EMPLOYEE,
R/O. #19, MARUTI KRUPA,
SHIVGIRI, DHARWAD-580007,
TQ AND DIST. DHARWAD.
…PETITIONERS
(BY SRI. SUHAS K.HOSAMANI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS
PRINCIPAL SECRETARY TO
THE DEPARTMENT OF REVENUE
M.S. BUILDING, BANGALORE-560001.



Digitally signed by
THEJAS KUMAR N
Location: High
Court of
Karnataka,
Dharwad Bench

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2. THE DEPUTY COMMISSIONER, DHARWAD,
TQ AND DIST. DHARWAD-583231.

3. THE ADDITIONAL DEPUTY COMMISSIONER,
DHARWAD, TQ AND DIST. DHARWAD-583231.
4. THE SPECIAL LAND ACQUISITION OFFICER,
NATIONAL HIGHWAYS NO.48,
NATIONAL HIGHWAY AUTHORITY OF INDIA,
U B HILL, NEAR ULAVI CHANNABASAVESHWARA TEMPLE,
DHARWAD-580001, TQ AND DIST. DHARWAD-583231.

5. THE TAHSILDAR, DHARWAD,
TQ AND DIST. DHARWAD-583231.

6. THE PROJECT DIRECTOR/THE GENERAL MANAGER,
PROJECT IMPLEMENTATION UNIT-DHARWAD,
NATIONAL HIGHWAY AUTHORITY OF INDIA,
ND
“SHIVAKRUPA NIVAS” VIVEKANAND NAGAR, 2 CROSS,
VIDYAGIRI, DHARWAD-580007,
TQ AND DIST. DHARWAD.
…RESPONDENTS

(BY SMT. RATNAMALA G.H., HCGP FOR R1 TO R3 AND R5;
SRI. B.P. MATHAPATI, ADVOCATE FOR R6;
SRI. S.B. ANCHATGERI, ADVOCATE FOR
SRI. K. SHOBHARANI, ADVOCATE FOR R4 AND R6)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO I. ISSUE A WRIT OF
MANDAMUS OR ANY OTHER ORDER OR DIRECTION, DIRECTING THE
RESPONDENTS TO DISBURSE THE COMPENSATION IN FAVOUR OF
THE PETITIONERS IN LIEU OF THE ACQUISITION OF THE LAND
BEARING SURVEY NO.48/1H MEASURING TO AN EXTENT OF 1 ACRE
SITUATED IN ITIGATTI VILLAGE OF TALUK AND DISTRICT DHARWAD
UNDER THE NOTIFICATION ISSUED UNDER SECTION 3A OF THE
NATIONAL HIGHWAYS ACT, 1956 VIDE ANNEXURE-H IN NO.
– –
J¸ïJ ïJN / J£ïJZïJL / J£ïJZï 4 / ¹Dgï 07 - 2023-24 BY
CONSIDERING THE REPRESENTATIONS DATED 18.12.2023,
09.04.2025 VIDE ANNEXURE-J AND J1 RESPECTIVELY. Ii. ISSUE ANY
OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION WHICH
DEEMS FIT TO GRANT BY THIS HON’BLE COURT IN THE FACTS AND
CIRCUMSTANCES OF THE CASE.

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WP No. 108889 of 2025


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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 petition is filed seeking following reliefs:

“i. Issue a Writ of Mandamus or any other order or
direction, directing the Respondents to disburse the
compensation in favour of the Petitioners in lieu of the
acquisition of the land bearing survey No.48/1H
measuring to an extent of 1 Acre situated in Itigatti
Village of Taluk and District Dharwad under the
notification issued under section 3A of the National
ANNEXURE-H
Highways Act, 1956 vide in No.
J¸ïJ ïJN/J£ïJZïJL/J£ïJZï-4/¹Dgï-07-2023-24
by considering the representations dated 18.12.2023,
ANNEXURE-J J1
09.04.2025 vide and respectively.
ii. Issue any other appropriate Writ or order or direction
which deems fit to grant by this Hon’ble Court in the

facts and circumstances of the case.”

2. Heard Sri Suhas K. Hosamani, learned counsel for
the petitioners, Smt.Ratnamala G.H., learned HCGP for
respondents No.1 to 3/State and 5 and Sri B.P.Mathapati,
learned counsel for respondent No.6 as well as Sri

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S.B.Anchatageri, learned counsel for respondents No.4 and
6.
3. Facts in brief to file the present Writ Petition are as
under:
3.1. It is the case of petitioners that the land bearing
for Survey No.48/1 measuring to an extent of 42 acres 15
gunta situated in Itigatti village, Taluk and District Dharwad
was standing in the name of one Sri Krishna Hanumantharao
Desai and thereafter out of total land, measuring 37 acre 39
guntas of land came to be transferred in the name of father
of the deceased, husband of petitioner No.1 by name Sri
Maruti S/o.Kadappa Tambade. Upon death of Maruti, the
total extent of 37 acre 39 gunta of land was partitioned
between mother of deceased husband of petitioners No.1
and her 4 children. Accordingly, in the partition said to have
occurred on 08.01.1999, land to an extent of 9 acre 10
gunta came to be allotted to the share of deceased husband
of petitioner No.1 by name Sri Shankar Tambade. The same
was given effect to by means of M.R.No.846 as per
Annexure-C. Thereafter, the late husband of petitioner No.1

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alienated 4 acre 5 guntas each in favour of Sri Nagappa
Basappa Harihara and Sri Gurappa Devappa Pavate,
retaining 1 acre of land. The husband of the petitioner No.1
expired on 18.08.2020. Thereafter names of the petitioners
came to be effected in the revenue entries in respect of the
land bearing Survey No.48/1H.
3.2. The respondent No.4-SLAO has issued a
notification dated 15.09.2021 under Section 3A of the
National Highways Act, 1956, wherein the lands stated in the
notification were sought to be acquired for the purpose of
Highway road widening and the land bearing Survey
No.48/1H measuring to an extent of 3999 square meters
belonging to petitioners was also sought to be acquired.
Despite the objections, the NHAI forcibly executed the work
of widening road without payment of any compensation and
disbursing the same in favour of the petitioners. In this
regard the petitioners have made several representations,
but none of the same were considered by the respondents.
Aggrieved by the inaction on the part of the respondents, the
petitioners are before this Court seeking a direction to the

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concerned respondents to consider their representation and
pass appropriate orders on the representation for
disbursement of compensation in favour of the petitioners in
lieu of the land acquired to an extent of 3999 square meters
of land in Survey No.48/1H situated at Itigatti Village, Taluka
and District Dharwad.
4. The learned counsel for the respondents are unable
to explain why despite the land having been acquired,
compensation has not been disbursed in favour of the
petitioners however the acquisition of land is not disuted.
This studied silence on the part of the respondents is highly
inappropriate, besides unsustainable in law and arbitrary in
nature. Though, the right to land no more recognized as
fundamental right, however, the same still continued as a
constitutional right under Article 300A of the Constitution of
India, which presupposes that no land shall be acquired
without initiating due process of law and payment of just
compensation for the land acquired. The failure on the part
of the respondents despite acquisition of land vide
notification dated 15.09.2021 to pay appropriate just

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WP No. 108889 of 2025


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compensation has caused serious prejudice to the rights of
the petitioners affecting their constitutional right under
Article 300A of the Constitution of India. This Court as well
as the Hon'ble Supreme Court in legion of cases deprecated
the inaction on the part of the respondents in payment of
compensation. In that view of the matter, this Court
proceeded to pass the following:
ORDER

(i) Writ Petition is disposed of directing the
respondents to disburse compensation in
favour of the petitioners in lieu of acquisition
of land bearing Survey No.48/1H measuring
to an extent of 1 acre (3999 square meters)
situated in Itigatti Village, Taluk and District
Dharwad acquired under notification dated
15.09.2021 under Section 3A of the National
Highways Act, 1956 vide Annexure-H.


(ii) The entire action shall be concluded as
expeditiously as possible within a period of 6

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weeks from today and file compliance report
immediately after the expiry of sixth week.


Sd/-
(T.M.NADAF)
JUDGE
CKK
CT: UMD
List No.: 3 Sl No.: 4