THE EXECUTIVE ENGINEER, vs THE SPECIAL LAND ACQUISITION OFFICER
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:18398
WP No. 101507 of 2026
C/W WP No. 101531 of 2026
CNR: KAHC020031202026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 11 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT PETITION NO.101507 OF 2026 (LA-RES)
C/W
WRIT PETITION NO.101531 OF 2026 (LA-RES)
IN WP NO.101507/2026
BETWEEN:
THE EXECUTIVE ENGINEER,
M.L.B.C.C DIVISION NO.2,
KARNATAKA NEERAVARI NIGAMA LIMITED,
NAVILTEERTHA, TQ. SAVADATTI,
DIST. BELAGAVI-591304.
…PETITIONER
(BY SRI. S.M. TONNE, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
MALAPRABHA PROJECT NO.3,
SECTOR NO.60, NAVANAGAR,
BAGALKOT-587103.
Digitally signed by
THEJAS KUMAR N
Location: High
Court of
Karnataka,
Dharwad Bench
2. SRI BASAPPA MADDEPPA SIDDANNAVAR,
AGE. NOT KNOW, OCCU. AGRICULTURE,
R/O. BELLAVADI, TQ. BAILHONGAL,
DIST. BELAGAVI-591101.
3. SRI BASAPPA RUDRAPPA SIDDANNAVAR,
AGE. NOT KNOW, OCCU. AGRICULTURE,
R/O. BELLAVADI, TQ. BAILHONGAL,
DIST. BELAGAVI-591101.
4. SRI RUDRAYYA SHIDDALINGAYYA REVANNAVAR,
AGE. NOT KNOW, OCCU. AGRICULTURE,
R/O. BELLAVADI, TQ. BAILHONGAL,
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WP No. 101507 of 2026
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DIST. BELAGAVI-591101.
5. SRI RUDRAPPA IRAPPA LINGADALLI,
AGE. NOT KNOW, OCCU. AGRICULTURE,
R/O. BELLAVADI, TQ. BAILHONGAL,
DIST. BELAGAVI-591101.
6. SRI CHANDRASHEKAR BALASHETTI AMBADAGATTI,
AGE. NOT KNOW, OCCU. AGRICULTURE,
R/O. BELLAVADI, TQ. BAILHONGAL,
DIST. BELAGAVI-591101.
7. SRI NAGALING GANAPATARAV KAMBAR,
AGE. NOT KNOW, OCCU. AGRICULTURE,
R/O. BELLAVADI, TQ. BAILHONGAL,
DIST. BELAGAVI-591101.
8. SRI BASAPPA FAKKIRAPPA KURI,
AGE. NOT KNOW, OCCU. AGRICULTURE,
R/O. BELLAVADI, TQ. BAILHONGAL,
DIST. BELAGAVI-591101.
9. SRI GIRIMALLAPPA HANAMANTAPPA KURI,
AGE. 45 YEARS, OCC. AGRICULTURE,
R/O. BELLAVADI, TQ. BAILHONGAL,
DIST. BELAGAVI-591101.
10. SRI KALLAPPA BASAPPA HADAPAD
AGE. 45 YEARS, OCC. AGRICULTURE,
R/O. NOT KNOWN, TQ. BAILHONGAL,
DIST. BELAGAVI-591101.
11. SRI GANGAPPA FAKKIRAPPA VADDAR,
AGE. NOT KNOW, OCCU. AGRICULTURE,
R/O. BELLAVADI, TQ. BAILHONGAL,
DIST. BELAGAVI-591101.
…RESPONDENTS
(BY SMT. RATNAMALA G.H., HCGP FOR R1;
SRI. G.K. HIREGOUDAR, ADVOCATE FOR R2, R3, R5 TO R11)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, A) QUASH THE DAMAGE AWARD
DATED 31.07.2025 MADE IN DAMAGE AWARD
NO.VIBOOSVA/VAYO3/BA/DAMAGE/76/24-25 PASSED BY
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HC-KAR
NC: 2026:KHC-D:18398
WP No. 101507 of 2026
C/W WP No. 101531 of 2026
CNR: KAHC020031202026
RESPONDENT NO.1 IN RESPECT OF BELAVADI VILLAGE OF
BAILHONGAL TALUK, BELAGAVI DISTRICT AT ANNEXURE-E AS VOID
AND ILLEGAL. B) PASS SUCH OTHER ORDER OR ORDERS WHICH
THIS HON’BLE COURT DEEMS FIT AND NECESSARY UNDER THE
FACTS AND CIRCUMSTANCES OF THE CASE.
IN WP NO.101531/2026
BETWEEN:
THE EXECUTIVE ENGINEER,
M.L.B.C.C DIVISION NO.2,
KARNATAKA NEERAVRI NIGAMA LIMITED,
NAVILUTEERTHA, TQ. SAVADATTI,
DIST. BELAGAVI-591304.
...PETITIONER
(BY SRI. S.M. TONNE, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
MALAPRABHA PROJECT NO.3,
SECTOR NO.60, NAVANAGAR,
BAGALKOT-587103.
2. SRI MADIVALAPPA BASAPPA MARITAMMANNAVAR,
AGE. NOT KNOWN, OCCU. AGRICULTURE,
R/O. NEGINAL, TQ. BAILHONGAL,
DIST. BELAGAVI-591101.
3. SRI MADIVALAPPA DUNDAPPA THORANAGATTI,
AGE. NOT KNOWN, OCCU. AGRICULTURE,
R/O. NEGINAL, TQ. BAILHONGAL,
DIST. BELAGAVI-591101.
4.
SRI VEERABHADRAPPA BASAVANNEPPA THORANAGATTI,
BY HIS LRS
SRI. MALLIKARJUN VEERABHADRAPPA THORANAGATTI,
AGE. NOT KNOWN, OCCU. AGRICULTURE,
R/O. NEGINAL, TQ. BAILHONGAL,
DIST. BELAGAVI-591101.
5. SRI VEERAPPA PADEPPA ULAVI,
AGE. NOT KNOWN, OCCU. AGRICULTURE,
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WP No. 101507 of 2026
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R/O. NEGINAL, TQ. BAILHONGAL,
DIST. BELAGAVI-591101.
6. SRI CHAMBAPPA GOWDAPPA THORANAGATTI,
AGE. NOT KNOWN, OCCU. AGRICULTURE,
R/O. NEGINAL, TQ. BAILHONGAL,
DIST. BELAGAVI-591101.
7. SRI VITTAL BHIMAPPA REVANNAVAR,
AGE. NOT KNOWN, OCCU. AGRICULTURE,
R/O. NEGINAL, TQ. BAILHONGAL,
DIST. BELAGAVI-591101.
8. SRI BASAPPA BHEEMAPPA BISANAKOPPA
AGE. NOT KNOWN, OCCU. AGRICULTURE,
R/O. NEGINAL, TQ. BAILHONGAL,
DIST. BELAGAVI-591101.
9.
SRI MADIVALEPPA SEDEPPA PADASALAGI
BY HIS LRS
SRI SHIVANAND MADIVALEPPA PADASALAGI,
AGE. NOT KNOWN, OCCU. AGRICULTURE,
R/O. BELLAVADI, TQ. BAILHONGAL,
DIST. BELAGAVI-591101.
10. SRI GANGAPPA HOLEPPA KARIMUDAKANNAVAR,
AGE. NOT KNOWN, OCCU. AGRICULTURE,
R/O. BELLAVADI, TQ. BAILHONGAL,
DIST. BELAGAVI-591101.
...RESPONDENTS
(BY SMT. RATNAMALA G.H., HCGP FOR R1;
SRI. G.K. HIREGOUDAR, ADVOCATE FOR R6, R8 TO R10;
NOTICE TO R4 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) QUASH
THE DAMAGE AWARD DATED 31.07.2025 MADE IN DAMAGE
AWARD NO.VIBHUSVA/MAYO3/BA/DAMAGE/61/24-25 PASSED BY
RESPONDENT NO.1 IN RESPECT OF NAGINHAL VILLAGE OF
BAILHONGAL TALUK, BELAGAVI DISTRICT (ANNEXURE-E) AS
VOID AND ILLEGAL. B) PASS SUCH OTHER ORDER OR ORDERS
WHICH THIS HON’BLE COURT DEEMS FIT AND NECESSARY
UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE.
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NC: 2026:KHC-D:18398
WP No. 101507 of 2026
C/W WP No. 101531 of 2026
CNR: KAHC020031202026
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE T.M.NADAF
ORAL ORDER
These petitions are filed seeking following reliefs:
W.P.No.101507/2026
“WHEREFORE, it is prayed that this Hon’ble Court
may be pleased to issue writ of certiorari or any such
writ or direction to:
a) Quash the damage award dated
31.07.2025 made in damage award
No.Viboosva/Vayo3/Ba/Damage/76/24-25
passed by respondent No.1 in respect of
Belavadi Village of Bailhongal Taluk,
Belagavi District at Annexure-E as void
and illegal.
b) Pass such other order or orders which this
Hon’ble Court deems fit and necessary
under the facts and circumstances of the
case.”
W.P.No.101531/2026
“WHEREFORE, it is prayed that this Hon’ble Court
may be pleased to issue writ of certiorari or any such
writ or direction to:
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HC-KAR
NC: 2026:KHC-D:18398
WP No. 101507 of 2026
C/W WP No. 101531 of 2026
CNR: KAHC020031202026
a) Quash the damage award dated
31.07.2025 made in damage award
No.Vibhusva/Mayo3/Ba/Damage/61/24-25
passed by respondent No.1 in respect of
Naginhal Village of Bailhongal Taluk,
Belagavi District at Annexure-E as void and
illegal.
b) Pass such other order or orders which this
Hon’ble Court deems fit and necessary
under the facts and circumstances of the
case.”
2. Though the postal shara in respect of
respondent No.4 in W.P.No.101507/2026 and respondents
2, 3, 5 and 7 in W.P.No.101531/2026 returned with shara
‘Deceased’, in view of the fact that the matters are
squarely covered by the Judgment of this Court in
W.P.No.102606/2024, disposed of on 05.10.2026, wherein
this Court considering the Judgment passed by the Co-
ordinate Bench of this Court in W.P.No.106315/2025,
disposed of on 18.08.2026, dismissed the Writ Petitions
filed by the beneficiary/ petitioners (KNNL).
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HC-KAR
NC: 2026:KHC-D:18398
WP No. 101507 of 2026
C/W WP No. 101531 of 2026
CNR: KAHC020031202026
3. The order passed by this Court in
W.P.No.102606/2024, read as under:
“6. These Writ Petitions are filed by the
petitioner/beneficiary, the issue involved in this Writ
Petition is no more res integra.
7. The relief sought are identical, which was
granted by Co-ordinate Bench of this Court in
W.P.No.106315/2025 on 18.08.2026. The relevant
paragraph Nos.2 to 8 read as under:
“2. In the present writ petition the
beneficiary of the acquisition seeks to challenge
the award, whereunder damages has been
awarded acceding to the request made by the
respondent/land loser, in respect of amounts
claimed from the date on which possession was
taken till the date of issuance of preliminary
notification under Section 4(1) of the Land
1
Acquisition Act, 1894 .
3. A Co-ordinate Bench of this Court in the
case of Executive Engineer M.L.B.C.C. Division
2
No.2 v. The Special Land Acquistion Officer ,
considering a similar fact situation has dismissed
the petitions filed by the beneficiary of the
acquisition. Further, a Division Bench of the High
Court of Punjab and Haryana in the case of
National Highway Authority of India vs.
3
Resham Singh and Others , while considering a
fact situation, wherein the entitlement pursuant to
the judgment of the Supreme Court in the case of
4
Union of India vs. Tarsem Singh , considered
the following question:
“(c) Whether the landowners
who are parties in LPA-324-2019 who
had invoked arbitration under section
3G(5) of the National Highways Act,
1956 but had not filed objection under
section 34 of the Arbitration and
Conciliation Act, 1996 and had
approached this Court directly under
Article 226 of the Constitution of India
should be denied relief on the said
ground?”
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WP No. 101507 of 2026
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4. While considering the said question, it
was held as under:
“ 75. When the statutory authority/State
instrumentality like NHAI acts arbitrarily and
unreasonably and does not follow a binding
precedent of this Court in M/s Golden Iron and
Steel Forgings (1 Supra) and that of the Supreme
Court in Sunita Mehra (19 supra) and denies to
land owners relief of solatium and interest akin to
those under Section 23(2) and section 28 of the
Land Acquisition Act,1894, there is a violation of
Article 14 of the Constitution of India and this
Court is entitled to invoke its plenary power under
Article 226 of the Constitution of India and grant
relief to the landowners.”
(emphasis supplied)
5. In the case of Resham Singh and
3
Others , it was held that the landowners being
entitled to compensation for having lost their land,
if the adequate compensation is not paid, in
accordance with law, the denial of the
compensation would tantamount to violation of the
right of the said land losers as contemplated under
Article 300 of the Constitution of India.
6. It is also pertinent to notice that the Co-
ordinate Bench of this Court in the case of The
Executive Engineer vs. The Special Land
5
Acquisition Officer , considering the earlier Co-
ordinate Bench judgment in the case of Executive
2
Engineer M.L.B.C.C. Division No.2 has
dismissed the writ petitions filed by the beneficiary
of the acquisition.
7. Having regard to the aforementioned
proposition of law, the present writ petition is also
dismissed.
8. In view of disposal of the petition,
pending interlocutory applications, if any, do not
survive for consideration and are disposed of.”
8. In that view of the matter, the Writ Petitions
by the beneficiary/petitioner are dismissed in terms
of the order passed by the Co-ordinate Bench stated
supra.”
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NC: 2026:KHC-D:18398
WP No. 101507 of 2026
C/W WP No. 101531 of 2026
CNR: KAHC020031202026
4. Since these Writ Petitions are squarely covered
and the dispute involved in lis is no more res-integra in
view of the order passed by this Court dismissing the
W.P.No.102606/2024 supra filed by the beneficiary/ KNNL,
these petitions are also dismissed , in terms of the order
passed in Writ Petition supra.
Sd/-
(T.M.NADAF)
JUDGE
TKN
CT: UMD
List No.: 1 Sl No.: 8