WP/104902/2024 of KONKAN RAILWAY CORPORATION LTD Vs SPECIAL LAND ACQUISITON OFFICER on 25 August 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA,AT DHARWAD

DATED THIS THE 24TH DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

WRIT PETITION NO. 104902 OF 2024 (LA-RES)

BETWEEN:

KONKAN RAILWAY CORPORATION LTD

A CORPORATION INCORPORATED UNDER THE

COMPANIES ACT 1956,

HAVING A REGISTERED OFFICE AT BELAPUR BHAVAN, SECTOR 11, CBD BELAPUR, NAVI MUMBAI 400614, REPRESENTED BY SENIOR REGIONAL ENGINEER, KONKAN RAILWAY CORPORATION LTD, KARWAR, SHRI B.S. NADAGE, S/O. SURENDRA NADAGE, AGED ABOUT 57 YEARS, AT KARWAR.

…PETITIONER

(BY SRI. RAKESH M BILKI, ADVOCATE)

AND:

1.

SPECIAL LAND ACQUISITON OFFICER

KONKAN RAILWAY AND ASSISTANT COMMISSIONER, KARWAR, KARWAR SUB DIVISION, AT KARWAR-581301.

2.

DEPUTY COMMISSIONER

UTTARA KANNADA DISTRICT,

OFFICE OF THE DEPUTY COMMISSIONER,

AT KARWAR 581301.

3.

SHRI ANANDU MALLU NAIK (DEAD BY LRS)

R/O VILLAGE KOLGE, KARWAR 581317,

(SINCE DEAD, BUT NOT HAVING BROUGHT LEGAL

REPRESENTATIVES ON RECORD THE IMPUGNED

Digitally signed

by SHWETHA

RAGHAVENDRA

Location: HIGH

COURT OF

KARNATAKA

HC-KAR

3A.

3B.

3C.

3D.

AWARD REMAINS MADE IN FAVOR OF A DEAD

PERSON)

SMT BHAGIRATHI W/O ANANDU NAIK

AGED 76 YEARS

SRI SHAMBAJI S/O ANANDU NAIK

AGED 50 YEARS

SMT SUDHA D/O ANANDU NAIK

AGED 52 YEARS

SMT GEETA D/O ANANDU NAIK

AGED 40 YEARS,

ALL ARE RESIDENTS OF ASNOTI,

KOLAGE, KARWAR 581317.

4.

4A.

4B.

4C.

4D.

4E.

4F.

SHRI TUKARAM MALLU NAIK

R/O. KOLGE KARWAR 581317,

SINCE DEAD, BUT NOT HAVING BROUGHT LEGAL

REPRESENTATIVES ON RECORD THE IMPUGNED

AWARD REMAINS MADE IN FAVOR OF A DEAD

PERSON.

SMT VANITA W/O TUKARAM NAIK

AGED 72 YEARS

SANDHYA D/O TUKARAM NAIK

AGED 50 YEARS

SMT ASHA D/O TUKARAM NAIK

AGED 47 YEARS

SRI ASHOK S/O TUKRAM NAIK

AGED 45 YEARS

SMT ROSHAN D/O TUKARAM NAIK

AGED 45 YEARS

SRI SANTOSH S/O TUKARAM NAIK

AGED 41 YEARS

HC-KAR

ALL ARE RESIDENTS OF ASNOTI, KOLAGE,

KARWAR 581317.

5.

5A.

5B.

5C.

5D.

SRI. SHANTARAM MALLU NAIK

R/O. VILLAGE KOLGE, KARWAR,

SINCE DEAD BUT NOT HAVING BROUGHT LEGAL

REPRESENTATIVES ON RECORD THE INPUGNED

AWARD REMAINS MADE IN FAVOUR OF A DEAD

PERSON

SMT SUNITA W/O SHANTARAM NAIK

AGED 75 YEARS,

SRI SURAJ S/O SHANTARAM NAIK

AGED 41 YEARS,

SRI SUJAN S/O SHANTARAM NAIK

AGED 35 YEARS,

SRI SUCHITA D/O SHANTARAM NAIK

AGED 38 YEARS,

ALL ARE RESIDENTS OF ASNOTI, KOLAGE,

KARWAR 581317.

…RESPONDENTS

(BY SRI. P.N. HATTI, HCGP FOR R1 AND R2)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE

CONSTITUTION OF INDIA, PRAYING TO I. DECLARING THAT THE

IMPUGNED AWARD DATED 17-06-2022 PASSED BY THE

RESPONDENT NO.1 IN NO.BHUSWA/ KR-VIVA-28(A)-99/2012- 13 VIDE ANNEXURE-A IS VITIATED AND NON-EST.II. QUASH

THE IMPUGNED AWARD DATED 17-06-2022 PASSED BY THE

RESPONDENT NO.1 IN NO.BHUSWA-KR-VIVA-28(A)-99/2012-13

VIDE ANNEXURE-A AS ARBITRARY, ILLEGAL AND HAVING

VITIATED

AND

RENDERED

NON-EST

AND

WITHOUT

APPLICATION

OF

MIND.III.

QUASHING

THE

ENTIRE

PROCEEDINGS IN LAC 28(A)-99/2012-13 ON THE FILE OF

RESPONDENT NO.1 VIDE ANNEXURE-A, AS ILLEGAL LAND

ARBITRARY AND ULTRA VIRES SECTION 28-A.IV. DECLARING

THAT IN THE EVENT OF RE-DETERMINATION UNDER SECTION

28-A, THE PETITIONER IS NOT LIABLE TO PAY ANY INTEREST IN

HC-KAR

RESPECT OF THE RE-DETERMINED AMOUNT OR COMPENSATION.

V. ISSUE ANY APPROPRIATE ORDER OR DIRECTION AS THIS

HON BLE COURT DEEMS FIT AND PROPER IN THE FACTS AND

CIRCUMSTANCES OF THE CASE IN THE ENDS OF JUSTICE AND

EQUITY.

THIS PETITION, COMING ON FOR DISMISSAL THIS DAY, ORDER WAS MADE THEREIN AS UNDER: