WP/104687/2024 of KONKAN RAILWAY CORPORATION LTD., Vs SPECIAL LAND ACQUISITON OFFICER KONKAN RAILWAY AND ASSISTANT COMMISSIONER KARWAR on 25 August 2026

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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. 104687 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,

R/BY. SERNIOR 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.

SMT. MANJULA MAHABALESHWARA NAIK

R/O THORLEBAGH VILLAGE,

KARWAR TALUK 581360.

Digitally signed

by SHWETHA

RAGHAVENDRA

Location: HIGH

COURT OF

KARNATAKA

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4.

SHRI PREMANAND MAHABALESHWARA NAIK

R/O THORLEBAGH VILLAGE,

KARWAR TALUK 581360.

5.

SHRI DINESH MAHABALESHWARA NAIK

R/O THORLEBAGH VILLAGE,

KARWAR TALUK 581360.

6.

SHRI GAJANAN MAHABALESHWARA NAIK

R/O THORLEBAGH VILLAGE,

KARWAR TALUK 581360.

…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 A. DECLARING THAT THE

IMPUGNED

AWARD

DATED

22.03.2022

PASSED

BY

THE

RESPONDENT

NO.1

NO.BHUSWA-KR-VIVA-28(A)-71/2012-13

VIDE ANNEXURE-A IS VITIATED AND NON-EST. B. QUASH THE

IMPUGNED

AWARD

DATED

22.03.2022

PASSED

BY

THE

RESPONDENT NO.1 IN NO.BHUSWA-KR-VIVA-28(A)-71/2012-13

VIDE ANNEXURE-A AS ARBITRARY, ILLEGAL AND HAVING

VITIATED

AND

RENDERED

NON-EST

AND

WITHOUT

APPLICATION ON MID. C. QUASHING THE ENTIRE PROCEEDINGS

IN LAC 28(A)-71/2012-13 ON THE FILE OF RESPONDENT NO.1

VIDE ANNEXURE-A, AS ILLEGAL AND ARBITRARY AND ULTRA

VIRES SECTION 28-A. D. 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/COMPENSATION.

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

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