WP/104905/2024 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. 104905 OF 2024 (LA-RES)

BETWEEN:

KONKAN RAILWAY CORPORATION LTD

A CORPORATION INCORPORATED UNDE THE COMPANIES

ACT 1956, HAVING A REGISTERED OFFICE AT BELAPUR, BHAVAN, SECTOR 11, CBD BELAPUR, 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 56 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.

SHRI DUGUNO VENKATESH NAIK BY LRS.,

MADEWADA, KARWAR-581317,

(SINCE DEAD IMPUGNED AWARD REMAINS MADE IN

FAVOUR OF A DEAD PERSON)

Digitally signed by

ASHPAK

KASHIMSA

MALAGALADINNI

Location: High

Court of Karnataka,

Dharwad Bench,

Dharwad

HC-KAR

3.

SRI SUDHAKAR S/O DUGUNO NAIK,

AGED MAJOR.

4.

SMT. KALPANA D/O DUGUNO NAIK,

AGED MAJOR

5.

SMT KUMUD D/O DUGUNO NAIK

AGED MAJOR

ALL RESIDING AT MADEWADA VILLAGE,

KARWAR 581301.

6.

SRI BABU VENKATESH NAIK BY LRS

SRI. GANAPATI BABU NAIK,.,

MADEWADA, KARWAR 581317.

7.

8.

SRI RAYA ALIYAS RAMA VENKATESH NAIK BY LRS., MADEWADA, KARWAR 581317.

SMT SEETA RAM NAIK D/O RAMA NAIK

AGED MAJOR.

9.

SRI SHYAM RAM NAIK S/O RAMA NAIK

AGED MAJOR.

10.

SRI SURESH RAM NAIK S.O RAMA NAIK

AGED MAJOR,

11.

SRI PRASHANT RAM NAIK S/O RAMA NAIK

AGED MAJOR.

12.

SMT VANDAN RAM NAIK D/O RAMA NAIK

AGED MAJOR

13.

SMT SAILA RAM NAIK D/O RAMA NAIK

AGED MAJOR

14.

SMT MANDA RAM NAIK D/O RAMA NAIK

AGED MAJOR

15.

SRI SHIVANAND VENKATESH NAIK BY LRS.,

HC-KAR

KARWAR 581317.

ALL RESIDING AT MADEWADA VILLAGE,

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

10-06-2022

PASSED

BY

THE

RESPONDENT NO.1 IN NO.BHUSWA/ KR-VIVA-28(A)-95/2012- 13 VIDE ANNEXURE-A IS VITIATED AND NON-EST. II. QUASH

THE IMPUGNED AWARD DATED 10-06-2022 PASSED BY THE

RESPONDENT NO.1 IN NO.BHUSWA-KR-VIVA-28(A)-95/2012-13

VIDE ANNEXURE-A AS ARBITRARY, ILLEGAL AND HAVING

VITIATED

AND

RENDERED

NON-EST

AND

WITHOUT

APPLICATION

OF

MIND.III.

QUASHING

THE

ENTIRE

PROCEEDINGS IN BHUSWA KR VIVA 28(A)-95/2012-13 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 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: