(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

1. The petitioners in all the above matters are before this Court seeking for the following reliefs: In W.P.No.100061/2024

b. Issue a Writ in the nature of Certiorari to quash the impugned Final Notification dated 28/06/2023 bearing no. S.O. No.2807(E) published/Notified by the 2nd and 3rd Respondents vide Annexure-E so far as it relates to the Petitioners land are concerned bearing Sy.No.32/21 total measuring 00 Acre 21 Guntas of Kadoli Village in the interest of justice and equity.

c. Issue such other suitable Order/s or Directions as this Hon'ble Court deems fit and proper in the nature and circumstances of the present case in hand, in the interest of justice and equity.

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS In W.P.No.105937/2023 a. Issue Writ in the nature of Certiorari to quash the impugned preliminary notification dated 10.10.2022 brg.No.LAQ/BRR/SR/01/2022 published in Hindu paper dated 13-10-2022 passed by the Respondent No.3 vide ANNEXURE-C, so far it relates to the Petitioners land bearing R.S.Nos.320/5 (measuring 1-acre 20-guntas), 325/1 (measuring 1-acre 4-guntas) and 325/6 (measuring 27-guntas) of Uchagao village tq and dist. belagavi, in the interest of justice and equity;

b. Issue Writ in the nature of Certiorari to quash the impugned final notification dated 27.07.2023 brg.no.LAQ/BRR/SR-01/2022 passed by the Respondent No.3 vide ANNEXURE-F published in Hindu paper dated 4-8-2023 so far it relates to the Petitioners land bearing R.S.Nos.320/5 (measuring 1- acre 20 guntas), 325/1 (measuring 1 acre 4 guntas) and 325/6 (measuring 27 guntas) of Uchagao village Tq and Dist. Belagavi, in the interest of justice and equity. c. Issue such other suitable Order/s or Directions as this Hon'ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity.

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS In W.P.No.106042/2023 a. Issue Writ in the nature of Certiorari to quash the impugned preliminary notification dated 10.10.2022 brg.no.LAQ/BRR/SR/01/2022 passed by the Respondent No.3 produced in Hindu paper dtd. 13.10.2022 vide ANNEXURE- C, so far it relates to the Petitioners land bearing R.S.Nos.374/1A, Sy.No.374/1B, 374/1C and 374/1D totally measuring 3-acres 11-guntas and another sy.no.382/2 measuring 1-Acre 23-Guntas of Uchagao Village, Tq and Dist.Belagavi, in the interest of justice and equity;

b. Issue Writ in the nature of Certiorari to quash the impugned final notification dated 27.07.2023 BRG.NO.LAQ/BRR/SR-01/2022 passed by the Respondent No.3 produced in Times of India Paper Belgavi edition dtd 4/8/2023 vide ANNEXURE-E, so far it relates to the petitioners land bearing R.S.Nos.374/1A, Sy.No.374/1B, 374/1C and 374/1D totally measuring 3 acres 11-guntas and another sy.no.382/2 measuring 1-Acre 23-Guntas, in the interest of justice and equity.

c. Issue such other suitable Order/s or Directions as this Hon'ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity. In W.P.No.106052/2023 a. Issue Writ in the nature of Certiorari to quash the impugned preliminary notification dated 10.10.2022 brg.No.LAQ/BRR/SR/01/2022 passed by the Respondent no.3 published in Hindu

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS paper dtd. 13.10.2022 vide ANNEXURE-C, so far it relates to the Petitioners land bearing R.S.Nos.12/3 and 12/4 of Wagevad village Tq and Dist.Belagavi, in the interest of justice and equity; b. Issue Writ in the nature of Certiorari to quash the impugned final notification dated 27.07.2023 brg.No.LAQ/BRR/SR- 01/2022 passed by the Respondent No.3. The Times of India Paper, Hubli-Dharwad- Belagavi Edition dtd 04.08.2022 vide ANNEXURE-F, so far it relates to the Petitioners land bearing r.s.nos.12/3 (measuring-acres-guntas) and 12/4 (measuring-acres-guntas) of Wagevad Village Tq and Dist.Belagavi, in the interest of justice and equity.

c. Issue such other suitable Order/s or Directions as this Hon'ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity.

In W.P.No.106053/2023 A) Issue writ in the nature of Certiorari to quash the impugned preliminary notification dated 10.10.2022 brg.no.LAQ/BRR/SR/01/2022 passed by the Respondent No.3 published in hindu paper edition dtd. 13.10.2022 vide ANNEXURE-C, so far it relates to the lands owned by the petitioner Nos.1 to 12 as indicated below;

i) Petitioner No.1, the owner of R.S.No.193/1 and R.S.No.193/2 of Santibastwad Village, Tq and Dist. Belagavi.

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS

ii) The petitioner Nos.2 to 4, the joint owners in possession of agricultural lands bearing R.S. Nos.146, 147, 167 and 172 of Santibastwad Belagavi village Tq and Dist: Belagavi.

iii) The petitioners Nos.5 to 10, the joint owners in possession of agricultural lands bearing R.S. Nos. 171, 174/1 and 199/B of Santibastwad village Tq and Dist: Belagavi.

iv) The petitioner No.11, the owner in possession of agricultural land bearing R.S.No.65/6 of Santibastwad village Tq and Dist: Belagavi, in the interest of justice and equity. ν) The petitioner No.12, the owner possession of agricultural land bearing R.S.No.315/4, measuring 1 acre 23 guntas. R.S. No.315/2, measuring 1 acre 23 guntas, R.S.No.326/5, measuring 31 guntas 05 annas out of 2 acre 14 guntas situated at Belagundi village. Tq/Dist: Belagavi Karnataka, in the interest of justice and equity.

B) Issue Writ in the nature of Certiorari to quash the impugned final notification dated 27.07.2023 brg No.LAQ/BRR/SR-01/2022 passed by the Respondent No.3. The Times of India Paper, Hubli-Dharwad-Belagavi Edition dtd: 04.08.2022 vide ANNEXURE-F, so far it relates to the lands owned by the petitioner Nos.1 to 12 as indicated below:

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS Nos.146, 147, 167 and 172 of Santibastwad village Tq and Dist: Belagavi.

ii) The petitioners Nos.5 to 10, the joint owners in possession of agricultural lands bearing R.S. Nos.171, 174/1 and 199/B of Santibastwad village Tq and Dist. Belagavi.

iv) The petitioner No.11, the owner possession of agricultural land bearing R.S.No.65/6 of Santibastwad village Tq and Dist Belagavi, in the interest of justice and equity.

v) The petitioner No.12, the owner possession of agricultural land bearing R.S.No.315/4, measuring 1 acre 23 guntas, R.S.No.315/2, measuring 1 acre 23 guntas, R.S.No.326/5, measuring 31 guntas 05 annas out of 2 acre 14 guntas situated at Belagundi village, Tq/Dist: Belagavi, Karnataka, in the interest of justice and equity.

C) Issue such other suitable order/s directions as this Hon'ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity. In W.P.No.106058/2023 a. Issue a Writ in the nature of Certiorari to quash the impugned Preliminary Notification dated 13/09/2022 bearing No.SO No.4280(e) published/notified by the 2nd and 3rd Respondents vide Annexure-A so far as it relates to the Petitioners lands are concerned bearing R Sy.No.37/2, 39/2 and 39/5 totally

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS measuring 04 acre 21 Guntas, 01 acre 00 guntas and 03 acre 21 guntas of Waghawade Village and Sy.No.40/1 and 40/2 totally measuring 08 acre 26 Guntas, of Zadshapur village respectively, in the interest of justice and equity;

b. Issue a Writ in the nature of Certiorari to quash the impugned Final Notification dated 28/06/2023 bearing No.S O No.2807(E) published/Notified by the 2nd and 3rd Respondents vide Annexure-G so far as it relates to the Petitioners land are concerned bearing R Sy.No.37/2, 39/2 and 39/5 totally measuring 04 Acre 21 Guntas, 01 Acre 00 Guntas and 03 Acre 21 Guntas of Waghawade Village and Sy.No.40/1 and 40/2 totally measuring 08 Acre 26 Guntas, of Zad- shahapur Village respectively, in the interest of justice and equity.

c. Issue such other suitable order/s directions as this Hon'ble Court deems fit and proper in the nature and circumstances of the case in hand, in the interest of justice and equity. In W.P.No.106234/2023 a. Issue a Writ in the nature of Certiorari to quash the impugned Preliminary Notification dated 13/09/2022 bearing No. S O No.4280(E) published/Notified by the 2nd and 3rd Respondents vide Annexure-A so far as it relates to the Petitioners lands are concerned bearing Sy.No.108/6 total measuring 04 Acre 20 Guntas of Kadoli Village and Sy.No.160/3 total measuring 07 Acre 34

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS Guntas of Agasage Village respectively, in the interest of justice and equity; b. Issue a Writ in the nature of Certiorari to quash the impugned Final Notification dated 28/06/2023 bearing No. S O No.2807 (E) published/Notified by the 2nd and 3rd Respondents vide Annexure-F so far as it relates to the Petitioners land are concerned bearing Sy.No.108/6 total measuring 04 Acre 20 Guntas of Kadoli Village and Sy.No.160/3 total measuring 07 Acre 34 Guntas of Agasage Village respectively in the interest of justice and equity.

c. Issue such other suitable order/s Directions as this Hon'ble Court deems fit and proper in the nature and circumstances of the present case in hand, in the interest of justice and equity. In W.P.No.106256/2023 a. Issue Writ in the nature of Certiorari to quash the impugned preliminary notification dated 10.10.2022 brg.No.LAQ/BRR/SR/01/2022 published in the Hindu Paper dtd.13.10.2022 passed by the Respondent No.3 vide ANNEXURE-C, so far it relates to the Petitioners constructed residential of farm House Brg.No.GPM 1025/1 of Uchagao Village, Tq/Dist. Belagavi R.S.Nos.321 measuring 07 Acres 14 Guntas, in the interest of justice and equity;

b. Issue Writ in the nature of Certiorari to quash the impugned final notification dated 27.07.2023 Brg.No.LAQ/BRR/SR-01/2022 published in Times of India, Hubli-Dharwad- Belagavi edition dtd. 04.08.2023 passed by the Respondent No.3 vide ANNEXURE-F, so

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS far it relates to the Petitioners constructed residential of Farm House brg.No.GPM 1025/1 of Uchagao Village, Tq/Dist.Belagavi r.s.nos.321 measuring 07 Acres 14 Guntas, in the interest of justice and equity. c. Issue such other suitable order/s or directions as this Hon'ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity. In W.P.No.106263/2023 a. Issue writ in the nature of Certiorari to quash the impugned preliminary notification dated 10.10.2022 brg. No.LAQ/BRR/SR/01/2022 published in the Hindu Paper dtd. 13.10.2022 passed by the Respondent No.3 vide ANNEXURE-C, so far it relates to the Petitioner Nos.1 is the owner of R.S.No.12/1, 12/2, 12/3, 12/4 of Wagawade Village, Tq/Dist. Belagavi and also the Petitioner No.2 to 6 are the joint owners of Sy.No.74/2 of Wagawade Village, Tq/Dist. Belagavi it is submitted that the Petitioner No.7 to 11 are the joint owners of Sy.No. 74/3 of Wagawade Village, Tq/Dist. Belagavi, in the interest of justice and equity; b. Issue writ in the nature of Certiorari to quash the impugned final notification dated 27.07.2023 brg. No.LAQ/BRR/SR-01/2022 published in Times of India, Hubli-Dharwad- Belagavi Edition dtd. 04.08.2023 passed by the Respondent No.3 vide ANNEXURE-E, so far it relates to the Petitioner nos.1 is the owner of R.S.No.12/1, 12/2, 12/3, 12/4 of Wagawade Village, Tq/Dist. Belagavi and so also the Petitioner No.2 to 6 are the joint owners of Sy.No.74/2 of Wagawade Village,

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS Tq/Dist. Belagavi it is submitted that the Petitioner no.7 to 11 are the joint owners of Sy.No.74/3 of Wagawade Village, Tq/Dist. Belagavi, in the interest of justice and equity. c. Issue such other suitable order/s or directions as this Hon'ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity. In W.P.No.106270/2023 a. Issue Writ in the nature of Certiorari to quash the impugned preliminary notification dated 10.10.2022 BRG.NO.LAQ/BRR/SR/01/2022 published in the Hindu Paper dtd. 13.10.2022 passed by the Respondent No.3 vide ANNEXURE-C, so far it relates to the land of the Petitioners No.1 to 12 bearing R.S.No.106, R.S.No.114/1, R.S.No.114/5, R.S.No.114/6, R.S.No.114/7, R.S.No. 114/8, R.S.No.109 of Navage Village, Tq and Dist. Belagavi and lands of Petitioners No.13 to 25 bearing R.S.No.64 and 65/A of Bahadarwadi village, Tq and DIst Belagavi, in the interest of justice and equity;

b. Issue Writ in the nature of Certiorari to quash the impugned final notification dated 27.07.2023 BRG.NO.LAQ/BRR/SR-01/2022 published in Times of India, Hubli-Dharwad- Belagavi Edition dtd. 04.08.2023 passed by the Respondent no.3 vide ANNEXURE-E, so far it relates to the land of the Petitioners No.1 to 12 bearing R.S.No.106, R.S.No.114/1, R.S.No.114/5, R.S.No.114/6, R.S.No.114/7, R.S.No.114/8, R.S.No.109 of Navage Village,

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS Tq and Dist Belagavi and lands of Petitioners No.13 to 25 bearing R.S.No.64 and 65/A of Bahadarwadi Village, Tq and Dist Belagavi, in the interest of justice and equity. c. Issue such other suitable order/s or directions as this Hon'ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity. In W.P.No.106574/2023 a. Issue a Writ in the nature of Certiorari to quash the impugned Preliminary Notification dated 13/09/2022 bearing no.S O No.4280 (e) published/Notified by the 2nd and 3rd Respondents vide Annexure-A so far as it relates to the Petitioner agricultural lands are concerned bearing Sy.No.94/7 total measuring 02 Acre 00 Guntas of Kakati Village, in the interest of justice and equity; b. Issue a Writ in the nature of Certiorari to quash the impugned Final Notification dated 24/08/2023 bearing no. S O No.3795(e) published/Notified by the 2nd and 3rd Respondents vide Annexure-E so far as it relates to the petitioners land are concerned bearing Sy.No.94/7 total measuring 02 Acre 00 Guntas of Kakati Village in the interest of justice and equity.

c. Issue such other suitable order/s or directions as this Hon'ble Court deems fit and proper in the nature and circumstances of the present case in hand, in the interest of justice and equity.

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS In W.P.No.108035/2023 a. Issue a Writ in the nature of Certiorari to quash the impugned Preliminary Notification dated 13/09/2022 bearing no.S.O.No.4280 (e) published/Notified by the 2nd and 3rd Respondents vide Annexure-A so far as it relates to the Petitioner No.1 agricultural lands are concerned bearing Sy.No.570/1 total measuring 13 Acres 19 Guntas out of 01 Acre 20 Guntas of Kadoli village and Sy.No.571/2/2 total measuring 01 Acre 30 Guntas of Kadoli Village, and the Petitioner no.2nd agricultural lands bearing Sy.No.570/2/3 total measuring 02 Acres 17 Guntas of Kadoli Village and Sy.No.571/3 total measuring 05 Acre 11 Guntas of Kadoli Village, in the interest of justice and equity; b. Issue a Writ in the nature of Certiorari to quash the impugned Final Notification dated 28/06/2023 bearing no.S.O.No.2807(e) published/Notified by the 2nd and 3rd Respondents vide Annexure-E so far as it relates to the Petitioner no.1 agricultural lands are concerned bearing Sy.No.570/1 total measuring 13 Acres 19 Guntas out of 01 Acre 20 Guntas of Kadoli Village and Sy.No.571/2/2 total measuring 01 Acre 30 Guntas of Kadoli Village, and the Petitioner No.2nd agricultural lands bearing Sy.No.570/2/3 total measuring 02 Acres 17 Guntas of Kadoli Village and Sy.No.571/3 total measuring 05 Acre 11 Guntas of Kadoli village in the interest of justice and equity. c. Issue such other suitable order/s or directions as this Hon'ble Court deems fit and proper in the nature and circumstances of the present

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS case in hand, in the interest of justice and equity.

In W.P.No.100643/2024 a. Issue a Writ in the nature of Certiorari to quash the impugned Preliminary Notification dated 13/09/2022 bearing No. S O No.4280

(e) published/Notified by the 2nd and 3rd Respondents vide Annexure-A so far as it relates to the Petitioners agricultural lands bearing Sy. No.127/3 total measuring 03 Acres 27 Guntas of Mutaga Village and sy. No.154/1 total measuring 01 Acres 15 Guntas and sy. No.156 total measuring 03 Acres 02 Guntas of Mutaga Village and sy. No.155/* total measuring 01 Acres 16 Guntas and Sy. No. 200/4 total measuring 02 Acres 01 Guntas and Sy. No.203/3 total measuring 01 Acres 11 Guntas of Mutaga Village and Sy. No.200/3 total measuring 02 Acres 00 Guntas of Mutaga Village and Sy. No.31/3A total measuring 02 Acres 34 Guntas and Sy. No.29/7A total measuring 00 Acres 32 Guntas of Shindoli Village respectively in the interest of justice and equity.

b. Issue a Writ in the nature of Certiorari to quash the impugned Final Notification dated 24/08/2023 bearing No. S O No.3795 (e) published/Notified by the 2nd and 3rd Respondents vide Annexure-E so far as it relates to the Petitioners Agricultural lands are concerned bearing petitioners agricultural ands bearing Sy. No.127/3 total measuring 03 Acres 27 Guntas of Mutaga Village and Sy. No.154/1 total measuring 01 Acres 15 Guntas and sy. No.156 total measuring 03 Acres 02 Guntas of Mutaga Village and sy. No.155/* total measuring 01 Acres 16 Guntas and Sy. No.200/4 total measuring 02 Acres 01 Guntas

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS and Sy. No.203/3 total measuring 01 Acres 11 Guntas of Mutaga Village and Sy. No.200/3 total measuring 02 Acres 00 Guntas of Mutaga Village and Sy. No.31/3A total measuring 02 Acres 34 Guntas and Sy. No.29/7A total measuring 00 Acres 32 Guntas of Shindoli Village respectively in the interest of justice and equity.

c. Issue such other suitable order/s or Directions as this Hon'ble Court deems fit and proper in the nature and circumstances of the present case in hand, in the interest of justice and equity.

In W.P.No.100675/2024 a. Issue a Writ in the nature of Certiorari to quash the impugned Preliminary Notification dated 13/09/2022 bearing No. S O No.4280 (E) published/Notified by the 2nd and 3rd Respondents vide Annexure-A so far as it relates to the Petitioner's Agricultural lands are concerned bearing Sy.No.548/2 total measuring 06 Acres 09 Guntas of Kadoli Village and Sy.No.549/2 total measuring 17 Acre 28 Guntas of Kadoli Village. and Sy.No.588/6 total measuring 00 Acres 21 Guntas of Kadoli village and Sy.No.592 total measuring 02 Acres 06 Guntas of Kadoli Village, and Sy.No.593/2 total measuring 00 Acres 19 Guntas of Kadoli Village, and Sy.No.32/20 total measuring 00 Acres 21 Guntas of Kadoli Village and Sy.No.21/1 total measuring 07 Acres 39 Guntas of Kadoli Village, respectively, in the interest of justice and equity;

b. Issue a Writ in the nature of Certiorari to quash the impugned Final notification dated

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS 28/06/2023 bearing No. S o no.2807 (E) published/Notified by the 2nd and 3rd Respondents vide Annexure-E so far as it relates to the Petitioners Agricultural lands are concerned bearing Sy.No.548/2 total measuring 06 Acres 09 Guntas of Kadoli Village and Sy.No.549/2 total measuring 17 Acre 28 Guntas of Kadoli Village and Sy.No.588/6 total measuring 00 Acres 21 Guntas of Kadoli Village and Sy.No.592 total measuring 02 Acres 06 Guntas of Kadoli village, and Sy.No.593/2 total measuring 00 Acres 19 Guntas of Kadoli Village and Sy.No.32/20 total measuring 00 Acres 21 Guntas of Kadoli village and Sy.No.21/1 total measuring 07 Acres 39 Guntas of Kadoli village respectively, in the interest of justice and equity.

c. Issue such other suitable order/s or Directions as this Hon'ble Court deems fit and proper in the nature and circumstances of the present case in hand, in the interest of justice and equity.

In W.P.No.100747/2024 a. Issue a Writ in the nature of Certiorari to quash the impugned Preliminary Notification dated 13/09/2022 bearing No. S O No.4280 (E) published/Notified by the 2nd and 3rd Respondents vide Annexure-A so far as it relates to the Petitioner's Agricultural lands are concerned bearing Sy.No.29/1 total measuring 01 Acres 00 Guntas of Bachi Village. and Sy.No.9/20 total measuring 00 Acres 09 Guntas and Sy.No.9/18 total measuring 00 Acre 11 Guntas and Sy.No.9/15 total measuring 00 acre 04 Guntas and Sy.No.9/5 total measuring 00 Acre 23 Guntas,

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS and Sy.No.9/2 total measuring 00 Acre 12 Guntas and Sy.No.30 total measuring 15 Acre 13 Guntas of Bachi Village. and Sy.No.28/1 total measuring 00 Acres 08 Guntas of Bachi Village and Sy.No.18/A2 total measuring 00 Acres 20 Guntas and Sy.No.18/a4 total measuring 06 Acres 30 Guntas of Bachi Village respectively, in the interest of justice and equity.

b. Issue a Writ in the nature of Certiorari to quash the impugned Final Notification dated 28/06/2023 bearing No. S O No.2807(E) published/Notified by the 2nd and 3rd Respondents vide Annexure-E so far as it relates to the Petitioner's Agricultural lands are concerned bearing Sy.No.29/1 total measuring 01 Acres 00 Guntas of Bachi Village. and Sy.No.9/20 total measuring 00 Acres 09 Guntas and Sy.No.9/18 total measuring 00 Acre 11 Guntas and Sy.No.9/15 total measuring 00 acre 04 Guntas and Sy.No.9/5 total measuring 00 Acre 23 Guntas, and Sy.No.9/2 total measuring 00 Acre 12 Guntas and Sy.No.30 total measuring 15 Acre 13 Guntas of Bachi Village. and Sy.No.28/1 total measuring 00 Acres 08 Guntas of Bachi Village and Sy.No.18/A2 total measuring 00 Acres 20 Guntas and Sy.No.18/A4 total measuring 06 Acres 30 Guntas of Bachi Village respectively, in the interest of justice and equity.

c. Issue such other suitable order/s or Directions as this Hon'ble Court deems fit and proper in the nature and circumstances of the present case in hand, in the interest of justice and equity.

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS In W.P.No.101014/2024 a. Issue a Writ in the nature of Certiorari to quash the impugned Preliminary Notification dated 13/09/2022 bearing no.S O No.4280 (E) published/Notified by the 2nd and 3rd Respondents vide Annexure-A so far as it relates to the Petitioners Agricultural lands are concerned bearing Sy.No.214/* total measuring 00 Acres 04 Guntas, sy. No.215/* total measuring 00 Acres 03 Guntas and Sy.No.216/* total measuring 00 Acres 08 Guntas of Mutaga village respectively, in the interest of justice and equity; b. Issue a writ in the Nature of Certiorari to quash the impugned Final Notification dated 24/08/2023 bearing No.S O No.3795(e) published/Notified by the 2nd and 3rd Respondents vide Annexure-E so far as it relates to the petitioners agricultural lands are concerned bearing Sy.No.241/* total measuring 00 Acres 04 Guntas, sy. No. 214/* total measuring 00 Acres 03 Guntas and Sy.No.216/* total measuring 00 Acres 08 Guntas of Mutaga village respectively, in the interest of justice and equity. c. Issue such other suitable order/s or Directions as this Hon'ble Court deems fit and proper in the nature and circumstances of the present case in hand, in the interest of justice and equity.

In W.P.No.103240/2024 a. Issue a Writ in the nature of Certiorari to quash the impugned Preliminary Notification dated 13/09/2022 bearing no.S O No.4280 (E) published/Notified by the 2nd and 3rd

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS Respondents vide Annexure-A so far as it relates to the Petitioners Agricultural lands are concerned bearing Sy.No.159/2 total measuring 18 Acres 30 Guntas of Mannur Village and Sy.No.164 total measuring 17 Acres 11 Guntas of Mannur Village, and Sy.No.163/5 total measuring 00 Acres 21 Guntas and Sy.No.163/6 total measuring 00 Acre 22 Guntas of Mannur Village, Tal And Dist.Belagavi respectively. in the interest of justice and equity.

b. Issue a Writ in the nature of Certiorari to quash the impugned Final Notification dated 28/06/2023 bearing no.S O No.2807 (E) published/Notified by the 2nd and 3rd Respondents vide Annexure-D so far as it relates to the Petitioners Agricultural lands are concerned bearing Sy.No.159/2 total measuring 18 Acres 30 Guntas of Mannur Village and Sy.No.164 total measuring 17 Acres 11 Guntas of Mannur Village, and Sy.No.163/5 total measuring 00 Acres 21 Guntas and Sy.No.163/6 total measuring 00 Acre 22 Guntas of Mannur Village, Tal And Dist.Belagavi respectively. in the interest of justice and equity.

c. Issue such other suitable order/s or Directions as this Hon'ble Court deems fit and proper in the nature and circumstances of the present case in hand, in the interest of justice and equity.

In W.P.No.106494/2024 a. Issue a Writ in the nature of Certiorari to quash the impugned Preliminary Notification dated 13/09/2022 bearing No. So No.4280 (E) published/Notified by the 2nd and 3rd

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS Respondents vide Annexure-A so far as it relates to the Petitioners Agricultural lands are concerned bearing Sy. No.80/6 total measuring 02 Acres 10 Guntas of Muchandi Village. and Sy. No.309/2 total measuring 01 Acres 05 Guntas and Sy. No.309/4 total measuring 00 Acres 30 Guntas of Muchandi Village. and sy. No.268/2 total measuring 00 Acres 16 Guntas of Muchandi Village. and sy. No.295/1 total measuring 00 Acres 20 Guntas of Muchandi Village and Sy. No.39/6A and 6B total measuring 00 Acres 30 Guntas of Muchandi Village respectively, in the interest of justice and equity.

b. Issue a Writ in the nature of Certiorari to quash the impugned Final Notification dated 24/08/2023 bearing No. So No.3795 (E) published/Notified by the 2nd and 3rd Respondents vide Annexure-D so far as it relates to the Petitioners Agricultural lands are concerned bearing Sy. No.80/6 total measuring 02 Acres 10 Guntas of Muchandi Village. and Sy. No.309/2 total measuring 01 Acres 05 Guntas and Sy. No.309/4 total measuring 00 Acres 30 Guntas of Muchandi Village. and sy. No.268/2 total measuring 00 Acres 16 Guntas of Muchandi Village. and sy. No.295/1 total measuring 00 Acres 20 Guntas of Muchandi Village and Sy. No.39/6A and 6B total measuring 00 Acres 30 Guntas of Muchandi Village respectively, in the interest of justice and equity.

c. Issue such other suitable order/s or Directions as this Hon'ble Court deems fit and proper in the nature and circumstances of the present case in hand, in the interest of justice and equity.

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS In W.P.No.106523/2024 a. Issue a Writ in the nature of Certiorari to quash the impugned Preliminary Notification dated 13/09/2022 bearing no. S O No.4280 (E) published/Notified by the 2nd and 3rd Respondents vide Annexure-A so far as it relates to the Petitioners Agricultural lands are concerned bearing Sy.No.20/3 total measuring 00 Acres 08 Guntas and Sy.No.20/9 total measuring 00 Acres 14 Guntas of Kalakamb Village. and Sy.No.24/3 total measuring 00 Acres 37 Guntas of Kalakamb Village, and Sy.No.9/1 total measuring 05 Acres 28 Guntas of Kalakamb Village, and Sy.No.8/1A total measuring 08 Acres 32 Guntas of Kalakamb Village and also, Sy.No.7/4A total measuring 01 Acres 34 Guntas of Kalakamb village respectively in the interest of justice and equity. b. Issue a Writ in the nature of Certiorari to quash the impugned Final Notification dated 24/08/2023 bearing no. S O No.3795 (E) published/Notified by the 2nd and 3rd Respondents vide Annexure-d so far as it relates to the Petitioners Agricultural lands are concerned bearing Sy.No.20/3 total measuring 00 Acres 08 Guntas and Sy.No.20/9 total measuring 00 Acres 14 Guntas of Kalakamb Village. and Sy.No.24/3 total measuring 00 Acres 37 Guntas of Kalakamb Village, and Sy.No.9/1 total measuring 05 Acres 28 Guntas of Kalakamb Village, and Sy.No.8/1A total measuring 08 Acres 32 Guntas of Kalakamb Village and also, Sy.No.7/4A total measuring 01 Acres 34 Guntas of Kalakamb village respectively in the interest of justice and equity.

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS

2. The petitioners claim to be owners of various lands as indicated below:

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS (Maruti C.Jadhav & KADOLI 588/6 0.2001 Ors) 592 0.1451 593/2 0.2578 32/20 0.1194 21/1 0.7406 9/20 9/18

8. W P No. 100747/2024 9/15 0.5089 (Laxman K.Gunjikar & 9/5 Ors) BACHI 9/2 29/1 0.0005 30 -

3. Respondent No.3 had issued a notification under Section 3A(1) of the National Highways Act, 1956 ['NHA Act' for short] for the purpose of construction of 4 to 6 lane highway along with maintenance, management and operation of the Belagavi Eastern and Western bypass (Belagavi Ring Road) on 13.09.2022 as per Annexure-B which was published in the newspaper having local circulation on 13.10.2022 as per Annexure-C.

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS

4. Though the village name, survey number and extent of land was mentioned in the said notification, the grievance of the petitioners in each of the above matter is that they were unable to ascertain if their lands were part of the said notification since the notification does not specify the boundaries nor does it contain the name of the owner and/or the extent of land proposed to be acquired from each of the owners thereby making it difficult for the land owners to ascertain if their land was under acquisition, the purpose for which it was being acquired and thereby submit proper objections in relation thereto.

5. The petitioners however, filed certain objections again raising this issue by stating that the specific survey number, sub-division, specific extent, specific boundaries of the land and the person from whom the land is proposed to be acquired has not been mentioned and called upon the respondents to make available the said details.

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS

6. It is also contended before this court that the acquisition notification is not in terms of the provision of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 ['Act of 2013' for short], more particularly in terms of Form No. 2 prepared in pursuance of Rule 5(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Compensation, Rehabilitation and Resettlement and Development Plan) Rules, 2015 ['Rules of 2015' for short].

7. It is further alleged that on the filing of the objections though notice of hearing was fixed when the petitioners visited the office of the Special Land Acquisition Officer [SLAO], the statement of the petitioners were not recorded, but they were only informed that the objections were overruled on the ground that the Belagavi Ring Road is for use of general public and as such, it is alleged that the

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS specific objections submitted by the petitioners were not considered on merits and orders passed by the SLAO and it was only a format order passed by the SLAO by only replacing the name of the addressee and the details of the date of the objections filed, rest of the contents were identical in all the rejection orders passed by the SLAO.

8. Thus, it is contended that there is no application of mind by the SLAO while considering the objections filed by the individual landowners, thereby rendering Section 3C of the NHA Act completely redundant, inviting objections for the sake of inviting, rendering the same an empty formality and thereafter the same was followed up with a final notification under Section 3D of the NHA Act declaring that the land has been vested with the Central Government free from all encumbrances.

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9. It is aggrieved by the notification issued under Section 3A(1) and 3D(2) that the petitioners are before this Court on the basis of the above contentions.

10. Apart from the above, Shri Nandish Patil, learned counsel appearing for the petitioners in some of the matters submits that, 10.1. The whole purpose of issuing a notification under Section 3A being to acquire the land of a private person, the rights of the private person are required to be protected and any action taken by the State, in exercise of powers of eminent domain, have to comply with the requirement of law, thereby giving effect to Section 300A of the Constitution of India and the property rights of the landowners cannot be negated by use of power of eminent domain without following the due process.

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS 10.2. His submission is that firstly, there are no sufficient details provided under the notification under Section 3A to enable the petitioners to submit their detailed and proper objections. Secondly, even when an attempt of filing objections were made, no hearing was provided and thirdly, that the objections have been rejected in a cursory mechanical manner, negating the property rights of the petitioners and lastly, a notification has been issued under Section 3D(2) , vesting the property of the petitioners with the Central Government after having violated all applicable provisions relating to eminent domain.

10.3. In this regard, he relies upon the decision of the Hon'ble Apex Court in the case of Competent Authority -v- Barangore Jute Factory and

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS Others1, more particularly para 6, 7 and 8 thereof which are reproduced hereunder for easy reference:

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS and therefore none was referred to in pleadings nor any thing was produced before Court at the hearing. Learned counsel for the Competent Authority tried to submit before us that there was a Plan at the time of issue of the notification and the Writ Petitioners ought to have inspected it if they so desired. He further submitted that the Plan was produced before the High Court. We find that both these submissions are not sustainable as they are not correct. A reference to the impugned Notification shows that there is no mention of any Plan. Without this how can anybody know that there was a Plan which could be inspected and inspected where? We are inclined to accept that there was no Plan accompanying the impugned Notification. During the course of hearing we were shown a Plan which we are unable to link with the impugned Notification. This was a 1996 P.W.D.Plan. The P.W.D. is a department of the State Government. The impugned Notification is by the Central Government. The NHAI is established under a Central Act. The Competent Authority under Section 3 of the Act is appointed by the Central Government. Therefore, this State Government Plan of 1996 (the impugned Notification is of 1998) is of no assistance. The impugned judgment of the High Court emphasises the need for a Plan. It is clear from the judgment of the High Court that no Plan was produced before it. The absence of any reference to a Plan in the impugned Notification and in fact non- availability of any Plan linked to the Notification, fortifies the argument that the description of the land under acquisition in the impugned Notification fails to meet the legal requirement of a brief description of the land which renders the Notification invalid.

8. The absence of plan also renders the right to file objections under Section 3C(1) nugatory. In the absence of a Plan, it is impossible to ascertain or know which part of acquired land was to be used and in what manner. Without this knowledge no objections regarding use of land could be filed. Since the objection regarding use of the land had

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS been given up by the writ petitioners, we need not go any further in this aspect. We would, however, like to add that unlike Section 5A of the Land Acquisition Act,1894 which confers a general right to object to acquisition of land under Section 4 of the said Act, Section 3C(1) of the National Highways Act gives a very limited right to object. The objection can be only to the use of the land under acquisition for purposes other than those under sub- section 3A(1) . The Act confers no right to object to acquisition as such. This answers the argument advanced by the learned counsel for the NHAI that failure to file objections disentitles Writ Petitioners to object to the acquisition. The Act confers no general right to object, therefore, failure to object becomes irrelevant. The learned counsel relied on the judgment of this court in Delhi Administration vs. Gurdip Singh Uban & Others [(1999) 7 SCC 44]. In our view, this judgment has no application in the facts of the present case where right to object is a very limited right. The case cited is a case under the Land Acquisition Act, 1894 which confers a general right to object to acquisition of land under Section 5A. Failure to exercise that right could be said to be acquiescence. The National Highways Act confers no such right. Under this Act there is no right to object to acquisition of land except on the question of its user. Therefore, the present objection has to be decided independently of the right to file objections. De hors the right to file objection, the validity of the Notification has to be considered. Failure to file objection to the notification under Section 3C , therefore, cannot non-suit the Writ Petitioners in this case. The learned counsel supporting the acquisition submitted that the delay in filing the Writ Petition is fatal to the case of land owners. It is true that 11th June, 1998 Notification was challenged only in September, 2001 by filing the Writ Petition. But if the Notification violates the very statute from which it derives its force, will delay in challenging it clothe it with legitimacy? The Act requires the Notification to be issued in a particular manner with brief particulars of land being acquired. The Notification in this case fails to meet this

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS requirement. We have held it to be bad in law. It has no legs to stand. The conduct of the opposite party cannot be used to make it stand. Moreover, the Writ Petitioners have explained the reasons for the delay in filing the Writ Petition. The Company which owns the lands had been de-registered. It is a Company registered in the U.K. It had to be revived. Revival came in mid-2001 whereafter the action was taken. Thus we fin d no merit in the argument about delay in challenging the Notification rendering the challenge liable to be rejected.

10.4. By relying on Barangore Jute Factory's case, he submits that a brief description of the land in acquisition notification would require all the details to be furnished so that the notification cannot come under the mischief of it being vague. The absence of the details would negate the right of the land loser to file detailed objections, rendering the protection granted under law against compulsory acquisition redundant.

10.5. He relies upon a decision of this court in the case of SND Sampath -v- Competent Authority and Asst. Commissioner and

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS Another2, more particularly para 14, 16, 18 and 19 thereof, which are reproduced hereunder for easy reference:

When compulsory acquisition is resorted to, it is but required that the person whose property is proposed to be acquired is at least put to notice that his property is proposed to be acquired, the extent thereof and the purpose for which the acquisition is being made.

16. The brief description of the property relied upon by the learned counsel for the respondent - NHAI that even a survey number is sufficient is not acceptable in as much as in the very said survey number there could be numerous people who would be interested, which is established in the present case where names of about 25 persons have been shown in the Section 3(D) notification relating to survey No.101/1A, the said survey number could have been bifurcated into various other sub-survey numbers, the ladn in the Sy No. could have been converted for non agricultural purposes, plots could have been formed and sold to various individuals and as such these details which are available in the public domain was required to be ascertained and published in the public notification under Section 3(A) .

18. Without notice of the proposed acquisition under Section 3(A) of the Act, it cannot be expected for the owner of the land to submit his objections under Section 3(C) of the Act. Though Section 3(C) of the Act indicate that any person who is interested in the land proposed to be acquired may within twenty one days from the date of publication of the notification 2 WP No.51312/2016 dated 4.12.2024

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS submit his objections, it would not be known to the owner of the land, if his land is proposed to be acquired since the extent in comparison to the larger extent of land may be very small as is the case in the present matter.

19. Thus, when the owner of the land has no notice of his land being proposed to be acquired, the question of objections being submitted and hearing on the said objections in terms of Section 3(C) of the Act would also not arise. Thus, in effect, without notifying the owner of the proposed acquisition, without providing an opportunity of filing objections and hearing, a final notification under Section 3(D) of the Act has been issued, in the present case, notifying acquisition of 1244 Sq.mts in survey number 101/1A is without detailing out the extent of land of each of the owners that is proposed to be acquired. 10.6. By relying on Sampath's case, his submission is that the notification under Section 3A would have to contain enough and sufficient details to not only identify the property proposed to be acquired, but also the owner from whom the property is proposed to be acquired. Without the cross-referencing of both these aspects, proper objections could not be filed as provided under Section 3C of the NHA Act.

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS 10.7. He relies upon the decision of this court in the case of Shri Manohar Patel.R and Another - v- Union of India and Others3, more particularly para 17.9, 18.23, 18.24 and 18.25 thereof, which are reproduced hereunder for easy reference:

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS the land loser as regards the determination of compensation in terms of Schedule I, II, III can be made by the Arbitrator under Section 3-G(5) . 10.8. By relying on the above, he submits that there is a compensation which is determinable under Schedule-1, the benefits under Schedule-2 and methodology is detailed under Schedule-3, which would be applicable even to acquisition under the NHA Act and these aspects have not been complied with and followed by the NHAI inasmuch as the notification itself is not sufficiently detailed, the objections filed have not been properly considered and the entire process and procedure has been rendered an empty formality.

10.9. On the above grounds, he submits that the repetitions are required to be allowed and the reliefs sought for granted.

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11. Sri.Prasad Patil, learned counsel appearing for the petitioners in some of the above petitions, adopts the submission of Sri.Nandish Patil and submits that the petitions filed by him may also be allowed.

12. Sri. Sagar Ladda, learned counsel appearing for the NHAI, would submit that, 12.1. What is required to be published under Section 3A is the notification giving a brief description of the land and the substance of the notification is to be published in two local newspapers, one of which is vernacular.

12.2. His submission by referring to Section 3A is that whenever any private land is required for public purposes for building, maintenance, management or operation of a National Highway or part thereof, an intention to acquire the land could be issued under Subsection (1)

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS of Section 3 by providing a brief description of the land in terms of Subsection (2) of Section

3. 12.3. Section 3A does not contemplate details of the owner of the land, the extent of land to be acquired from such owner and or any other details to be provided. This he submits is a procedure prescribed under the Act of 1956 in order to speeden up the acquisition proceedings for a public purpose project of the NHAI. 12.4. It is only after a notification under Subsection (1) of Section 3A is published that under Section 3B it would be lawful for the Central Government to inspect, survey and measure the property and carry out such actions as may be required and as such, without publication of a notification under Subsection (1) of Section 3A , the NHAI is not in a position to give all the

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS details of the specific extent of land required from each owner, the name of the owner, the boundaries of the said property which can only be done after the inspection, survey and measurement under Section 3B .

12.5. He therefore submits that the experts at NHAI having formulated the manner and methodology of construction of new highways or widening of existing highways, the experts of NHAI having identified the lands, the said identification cannot be faulted with and in this regard he relies upon the decision of the Hon'ble Apex Court in the case of Union of India -v- Kushala Shetty and Others4, more particularly Para 28 thereof which is reproduced hereunder for easy reference:

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS expertise in the field of development and maintenance of National Highways. The projects involving construction of new highways and widening and development of the existing highways, which are vital for development of infrastructure in the country, are entrusted to experts in the field of highways. It comprises of persons having vast knowledge and expertise in the field of highway development and maintenance. NHAI prepares and implements projects relating to development and maintenance of National Highways after thorough study by experts in different fields. Detailed project reports are prepared keeping in view the relative factors including intensity of heavy vehicular traffic and larger public interest. The Courts are not at all equipped to decide upon the viability and feasibility of the particular project and whether the particular alignment would subserve the larger public interest. In such matters, the scope of judicial review is very limited. The Court can nullify the acquisition of land and, in rarest of rare cases, the particular project, if it is found to be ex-facie contrary to the mandate of law or tainted due to mala fides. In the case in hand, neither any violation of mandate of the 1956 Act has been established nor the charge of malice in fact has been proved. Therefore, the order under challenge cannot be sustained. 12.6. By relying on Kushala Shetty's case Supra, his submission is that NHAI being a professionally managed statutory body, having expertise and any proposal being formulated by the experts at NHAI, the scope of judicial review is limited and this court ought not to

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS entertain the contentions raised by the petitioners in the present matter. 12.7. He also relies upon the decision in Barangore Jute Factory's case which has been relied upon by the petitioners, in fact, he also relies upon the very same paragraphs, namely Para 6, 7 and 8 and submits that the Hon'ble Apex Court has come to a conclusion that since a plan has been mentioned in the notification, any person aggrieved by the Notification could visit the office of the SLAO, ascertain if his land is proposed to be acquired and non-mentioning of the details in the notification Subsection (1) of Section 3A will not cause any harm and injury to the petitioners since they always had an option to ascertain if their land were proposed to be acquired and the extent thereof since the survey number has been mentioned in the Notification in the Subsection (1) of Section

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS 3A. Thus, he submits that the Hon'ble Apex Court in Barangore Jute Factory's decision having come to a conclusion that existence of a plan prepared by NHAI would be sufficient compliance, the contention of the petitioner would have to be rejected in this matter as the existence of a plan has been mentioned, which could be verified by the petitioners. 12.8. Insofar as the orders passed by the SLAO on the objections filed by the petitioners, his submission again by relying upon Khushala Shetty's case is that the experts having decided the location of the concerned road and the road being developed in the interest of the general public, the general public benefiting from creation of such a road, these aspects have been considered by the SLAO and the objections filed by the petitioners have been rejected.

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS 12.9. His submission is also that the private interest is to be subservient to the larger public interest which in this case is the establishment of the Highway with the NHAI is in the process of implementation.

12.10. On all the above grounds, he submits that the above petitions are required to be rejected.

13. Heard Sri.Nandish Patil, learned counsel and Sri.Prasad Patil, learned counsel for the petitioners and Sri. M B Kanavi for respondent No.1 and Sri.Sagar Ladda, learned counsel for the respondents No.2 and 3. Perused papers.

14. The points that would arise for consideration are, i. Whether a Notification issued under Subsection (1) of Section 3A of the National Highway Act is to only contain a brief description of the land meaning thereby the survey number and the extent proposed to be acquired or would it require other details like the type of title,

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS type of land, area under acquisition, total extent of land, area under acquisition, name and address of the person interested, the boundaries of the survey number, as also the boundaries of the proposed land to be acquired in the event of there being any buildings, the nature of the buildings, the extent and measurement of the building so as to enable the landowner to submit his objections? ii. Whether the making available of the detailed plan in the office of the SLAO, NHAI and permitting inspection thereof would be sufficient compliance with the requirement of the principles of natural justice in putting on notice the land loser of the extent of land that is proposed to be acquired?

iii. Whether while considering the objections filed by the land loser, the SLAO would have to consider each and every objection/s raised by the land loser or could the SLAO reject the objections filed by the land loser on the ground that the implementation of the project of the NHAI is in the larger public interest?

iv. What order?

15. I answer the above points as under.

16. ANSWER TO POINT No.1- Whether a Notification issued under Subsection (1) of

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS Section 3A of the National Highway Act is to only contain a brief description of the land meaning thereby the survey number and the extent proposed to be acquired or would it require other details like the type of title, type of land, area under acquisition, total extent of land, area under acquisition, name and address of the person interested, the boundaries of the survey number, as also the boundaries of the proposed land to be acquired in the event of there being any buildings, the nature of the buildings, the extent and measurement of the building so as to enable the landowner to submit his objections?

And Answer to Point No.2: Whether the making available of the detailed plan in the office of the SLAO, NHAI and permitting inspection thereof would be sufficient compliance with the requirement of the principles of natural justice in putting on notice the land loser of the extent of land that is proposed to be acquired? 16.1. Both the above points being related I answer them together as under.

16.2. The submissions of both the counsels have been extracted hereinabove.

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS 16.3. The submission of Sri Nandish Patil, learned counsel being that sufficient details have not been provided to identify the extent of land and the owner from whom the land is proposed to be acquired and the purpose for which the land of the petitioner is proposed to be used so as to enable the petitioner to submit a detailed objections, the submission of Sri.Sagar Ladda, learned counsel for NHAI is it is only a brief description of the property which is required to be furnished which has been so furnished and as such, the petitioners could visit the office of the SLO to ascertain if their land is being acquired and if so, what extent. 16.4. Once earlier when a submission was made by learned counsel for the petitioner, counsel for NHAI was directed to produce the plans prepared for the purpose of this project. It is in that background that the SLAO of NHAI was

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS present before this court on 20.01.2025 along with the Maps/ plans.

16.5. The purport of the said plans being made available in the office of the SLAO as contended by Mr. Sagar Lada was for a land loser to be able to visit the office of the SLAO to ascertain if his land is being acquired and to what extent. 16.6. It is for that reason that this court posed a question to the SLAO as to what is the extent of land in survey number 14, 15 and 74 shown in the said plans which were being acquired and in whose name those lands stand, as also the extent of land in those survey number which are proposed to be acquired, the SLAO made an attempt to answer the same by referring to a notification published under Section 3D which notification, needless to say, is published only after rejection of the objections filed by land

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS loser and the said final notification vesting the land with the State. Thus, he was called upon to answer the query without referring to the 3D notification and only referring to the 3A notification and the plans, when the SLAO submitted that by only referring to Section 3A notification and plans he would be unable to answer any of the above queries. 16.7. Now, if the said answer by the SLAO is taken into consideration along with the submission made by the counsel for the NHAI, then such submission would have to be rejected since even if a land loser were to visit the office of the SLAO, the SLAO himself is not in a position to explain the extent of land proposed to be acquired in the survey number and in whose name the land stands. Thus, without those answers, the land losers' visit to the SLAO's office is again an empty formality to be only

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS informed to look into the notification under Subsection (1) of Section 3A and no further information being provided.

16.8. The reliance placed by Sri.Sagar Ladda on Barangore Jute Factory's case to contend that while preparing a plan, all the details would be taken into consideration and the plan if made available for inspection, the requirement under Subsection (1) of Section 3 is satisfied, will not be available to the NHAI in the present case. The Hon'ble Apex Court in Barangore Jute Factory's case has categorically held that in many cases, small parts of larger chunks of land having been notified for acquisition, the same would not be possible without preparing a plan and came to a conclusion that the notification does not make any reference to any plan.

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS 16.9. Without the plan being mentioned in the notification, the Hon'ble Apex Court posed a question as to "how can anybody know that there was a plan which could be inspected and inspected where" and further held that the absence of any plan mentioned in the notification fortifies the argument that the description of the land under acquisition in the impugned notification fails to meet the legal requirement of a brief description of the land which renders the notification invalid and the Hon'ble Apex Court went on to uphold the Judgment of the High Court and dismissed the Special Leave Petition filed by the competent Authority and the National Highways Authorities of India.

16.10. Thus, the decision in Barangore Jute Factory's case does not support the case of the NHAI that there is a plan in existence in the

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS present case which was not so in Barangore Jute Factory's case and therefore the plan satisfies the requirement of Section 3A , and does not hold much water as afore observed even the SLAO present before this court with all his rich experience and knowledge of the matter was unable to point out the extent of land in each survey number and the owner from whom the said land was proposed to be acquired.

16.11. Thus, even though a plan has been prepared in the present matter and the notification under Subsection (1) of Section 3A makes a reference that a plan is available for inspection at the SLAO's office, the same does not change the situation in any manner than that as considered by the Hon'ble Apex Court in Barangore Jute Factory's case since as observed supra, even a visit by any land loser to make enquiries on the

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS same would be an empty formality without any details being provided to the land loser. 16.12. It is on account of various inadequacies in the land acquisition proceedings earlier under the Land Acquisition Act, 1894 , as also under various other enactments where acquisition of land is permitted that the parliament enacted the Right to Fair Compensation And Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 . The very name of the enactment indicates the reasons why the enactment was introduced. Firstly, for fair compensation, secondly for transparency in land acquisition, thirdly for rehabilitation and fourthly for resettlement.

16.13. The object of the said enactment is to ensure that a humane, participative, informed and transparent process for land acquisition for

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS industrialization, development of infrastructure facilities and urbanization with the least disturbance to the owners of the land and other affected families, as also to provide just and fair compensation to the affected families whose land is acquired or proposed to be acquired or are affected by such acquisition amongst other aspects.

16.14. Though the aspect of rehabilitation and resettlement would not apply insofar as acquisition of land for the formation of a highway as held by this court in Manohar Patel's case (supra), this Court has come to a conclusion that the Schedule-1, 2 and 3 of the Act of 2013 would be applicable even to acquisition under the National Highways Act . 16.15. Form-2 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS and Resettlement (Compensation, Rehabilitation and Resettlement and Development Plan) Rules, 2015 is reproduced hereunder for easy reference:

Since the land is urgently required for the project falling within the purview of section 40(2) and the same has approval of the Parliament, it has been decided not to carry out the Social lmpact Assessment Study, vide G.O. No...... dated........

(Strike if not applicable) Encl: As above Place..........

Date........ Collector 16.16. The said Form-2 having been prepared in terms of Rule 5, Rule 5 of the aforesaid Rules is also reproduced hereunder for easy reference:

(2) A copy of the preliminary notification mentioned in section 11 shall be affixed at conspicuous places in the affected areas and shall also be informed to the public by beat of drum.

(3) After publication of the preliminary notification under section 11, the Collector shall ensure completion of the exercise of updating land records as specified hereunder:-

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS 16.17. A reading of the above would indicate that in order to bring about transparency in the methodology of acquisition, the parliament has categorically even prescribed a general form of preliminary notification. Though certain aspects as regards social impact assessment, resettlement etc. would not be applicable to NHAI, the said form makes it clear that the preliminary notification needs to contain the serial number, survey number, type of title, type of land with the number of trees along with variety thereof, the area under acquisition, name and address of the person interested in land, as also the boundaries thereof including the details of the structure with the type and plinth area.

16.18. I am of the considered opinion that these details which have been mandated in terms of Form-2 of the aforesaid Rules could be made

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS use of by NHAI and those details published in a preliminary notification under Subsection (1) of Section 3A of the NHA Act, which would provide transparency in the acquisition proceedings and also not give rise to the objections raised by the petitioners in the present matter. This also being for the reason that the acquisition earlier initiated for the very same project by NHAI having been quashed, is now required to be quashed for the second time on account of NHAI not following the due procedure and making available the necessary details. If at all those details had been so furnished, the petitioners could not have raised such a ground nor would this court have interceded in the matter.

16.19. Hence I answer point number 1 by holding that a brief description of the land required to be contained in a Notification

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS issued under Subsection (1) of Section 3A of the National Highway Act would not only have to include the survey number and the extent proposed to be acquired, it would require other details like the type of title, type of land, total extent of land, area under acquisition, name and address of the person interested, the boundaries of the survey number, as also the boundaries of the proposed land to be acquired. In the event of there being any buildings, the nature of the buildings, the extent and measurement of the building ae also to be mentioned so as to enable the landowner to submit his meaningful objections to the proposed acquisition.

16.20. I answer Point no.2 by holding that the making available of the detailed plan in the office of the SLAO, NHAI and

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS permitting inspection thereof would not be sufficient compliance with the requirement of the principles of natural justice in putting on notice the land loser of the extent of land that is proposed to be acquired, if the details as indicated in my answer to Point No.1 were not contained in the said plans.

17. ANSWER TO POINT No.3: Whether while considering the objections filed by the land loser, the SLAO would have to consider each and every objection/s raised by the land loser or could the SLAO reject the objections filed by the land loser on the ground that the implementation of the project of the NHAI is in the larger public interest?

17.1. The petitioners - land losers have filed objections to the notification under Sub-Rule(1) of Rule 3A of the Rules. Most of the objections are again centered around the details of the land proposed to be acquired not being mentioned, there being several owners of the

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS land, it is not clear as to whose land is proposed to be acquired. The land standing in the name of different owners, only the main survey number has been mentioned without the sub-survey numbers being mentioned. 17.2. Therefore, it was contended that the notification is not published properly. The details which were furnished as regards the improvements which have been made on the land, the existence of various trees, houses, shops, pump sets, and other aspects relating to the land, as also the nature of crops which were being grown and the status of those crops, including fruit-bearing trees, etc. It was further contended that, there are barren lands situated in different locations which could be used for the purpose of project, and the fertile land of the petitioners not been made use of for the same.

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS 17.3. This being sample of the objections filed by landowners, the order passed under Sub- Section(2) of Section 3(C) is a common order, which is extracted hereinbelow for easy reference:

2) Your objection letter dated 31-10-2022 Sir.

In your objection letter dated 31-10-2022 for acquisition of land for construction of Belagavi Ring Road on notification u/s.3A(1) of NH-Act 1956 published in newspaper on 13-10-2022 you have denied the acquisition of the suit land. The contents of the application were read over during the time of enquiry held on 03-02-2023.

The portion of the land along with the other adjoining lands are required for construction of Belagavi Ring Road for the use of General Public and as well as development of Belagavi city and around the area. The proposed Ring road will also reduce the pressure of Transport and smooth travelling.

Hence your request is not considered and your objection/application is disposed off accordingly.

Yours faithfully;

Special Land Acquisition Officer, NHA-1, Belagavi.

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS 17.4. Similarly, the orders passed as regards other landowners in the writ petitions which are before this Court. As can be seen, it is only the addressees whose details are changed and the date of objections which are changed, while the reasoning given by the SLAO is a copy-paste job in all the orders.

17.5. None of the contentions which have been raised by the land losers have been adverted to and dealt with by the SLAO. In fact, even as regards the contention that the details of the landowners have not been mentioned, which now as contended is not required to be mentioned, but a plan could be inspected has not been covered in the order of the SLAO. The SLAO has only stated that the contents of the objections were read over during the time of enquiry and that the portion of the land, along with adjoining lands, being required for

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS construction of the Belagavi Ring Road for the use of general public as well as the development of Belagavi city and around. The proposed ring road would also reduce pressure of transport and facilitate smooth travelling, as stated, "Your request is not considered, and your objection/application is disposed of accordingly."

17.6. Whenever any objections are filed by a land loser to a notification for acquisition, the least that the SLAO is required to do is to consider the objection on merits and pass an order either accepting or rejecting the objections, and in both the cases the same would have to be accompanied by reasons.

17.7. More so when 17.7.1. The right to property guaranteed under the Constitution, more

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS particularly under Article 300A of the Constitution is sought to be negated by the State by exercise of powers of eminent domain.

17.7.2. As also the beneficiary of the acquisition may be deprived of the land on account of acceptance of the objections by the landowner.

17.8. Both the interests though run counter to each other, the order of the SLAO is required to be such that the interests of both are to be protected and the principles of Rule of Law which also included the principles of natural Justice are adhered to.

17.9. I am of the considered opinion, the manner in which the SLAO has dealt with the objections is completely contrary to the requirements of the law.

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS 17.10. It is rather sad for this Court to observe that the SLAO was not even able to point out the extent of land which is proposed to be acquired and the survey number, and the person from whom it is being acquired, but has chosen to reject the objections on perfunctory grounds without dealing with the objections filed by the land losers.

17.11. Such an action on the part of the SLAO cannot be said to be a humane, participative, informed and transparent process of acquisition. In my considered opinion, the manner in which the orders have been passed is completely inhumane, non-participative, and non- transparent. Hence I answer point no.3 by holding that the order passed by the SLAO is not proper and hence the final notification could not have been issued on that basis.

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS

18. General Directions:

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS 18.4. The NHAI can web-host the notification under Sub- Section 3A with the survey numbers being shown therein along with details afore indicated. By clicking on the survey number, the various details relating to that survey number could be accessed including the extent of land proposed to be acquired with the sketch of the said survey number with the portion proposed to be acquired clearly demarcated with the extent, boundaries and measurements on all sides.

18.5. When a particular survey number is clicked, all proceedings in respect of the said survey number like the joint measurement, inspection, survey, objections filed by the land owner, notices issued, orders passed by the concerned authority etc., could be made available, which could be accessed by all the concerned including the land loser.

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS 18.6. The NHAI can web-host the notification under Sub- Section 3D with the survey numbers being shown therein along with details afore indicated. By clicking on the survey number, the various details relating to that survey number could be accessed including the extent of land finally acquired with the sketch of the said survey number with the portion acquired clearly demarcated with the extent, boundaries and measurements on all sides.

18.7. The award passed in respect of each survey number or a common award, details of disbursement made etc., would also have to be made available on the website which could be accessed by all the concerned including the land loser.

18.8. The details of awards passed under Section 3(g) , challenge to the award passed under

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS Section 3(g) , if any made, etc., and such other orders, could also be uploaded. 18.9. If there are litigations filed, the details of litigations hyperlinked to the orders passed in those litigations could also be uploaded, in view of the orders of the High Court as also the Trial Court being available in the electronic format on the website of the Hight Court or the Civil Court, the links to the said orders/judgements would have to be provided, and or the orders/judgements could be uploaded on the website of NHAI for each survey number. 18.10. It would also be required that the competent authorities under the NHAI and SLAO's office are connected/integrated with the Kaveri and Bhoomi software in the State of Karnataka, with Application Programming Interface's (APIs) being provided by the State to the concerned authorities, so as to enable access to all

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS revenue documents, registered sale deeds, guideline value of the properties fixed, so as to enable the concerned to consider the latest documents for passing such orders as may be required.

18.11. Entries of the acquisition notification would have to be made in the respective revenue records, encumbrance certificates and such other documents as may be required to put on notice the general public initially of the proposed acquisition and subsequently of the acquisition completed, if and so completed. It the acquisition is given up necessary entries to that effect also to be made.

18.12. All the documents which are uploaded to be date and time stamped so as to avoid any allegations of manipulation.

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS 18.13. Going forward, it could be considered if all the above are block chain enabled so as to maintain the security of the documents and the process. 18.14. The acquisition proceedings cannot be conducted in an opaque manner when the constitutional right to the property could be negated by such acquisition. The above would make available all the details to the land loser and all concerned, so as to enable them to make informed choices, decision and informed submissions.

18.15. If the above aspects are taken into consideration and all the data and details are made available to the land loser, the probability of challenge being made could also reduce. 18.16. These are but a few suggestions the concerned could look into this, consider the same and come up with a robust system to cater the requirements.

NC: 2025:KHC-D:1245 WP No. 100061 of 2024 C/W WP No. 105937 of 2023 WP No. 106042 of 2023 AND 16 OTHERS

19. ANSWER TO POINT No.3: What Order?

19.1. In view of my answers to points No.1 to 3, I pass the following: