WP/105035/2024 of KONKAN RAILWAY CORPORATION LTD Vs SPECIAL LAND ACQUISITION OFFICER on 25 August 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA,AT DHARWAD

DATED THIS THE 25TH DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

WRIT PETITION NO. 105035 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.

SHRI. DUGUNO VENKATESH NAIK BY LRS

KOLGE, KARWAR

SINCE DEAD THE IMPUGNED AWARD

REMAINS MADE IN FAVOR OF A DEAD PERSON

Digitally signed

by SHWETHA

RAGHAVENDRA

Location: HIGH

COURT OF

KARNATAKA

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 KOLGE VILLAGE,

KARWAR-581301.

SRI BABU VENKATESH NAIK BY LRS

SRI GANPATI BABU NAIK

KOLGE, KARWAR-581301.

6.

SRI RAYA @ RAMA VENKATESH NAIK BY LRS

KOLGE, KARWAR-581301.

SINCE DEAD THE IMPUGNED AWARD

REMAINS MADE IN FAVOUR OF A

DEAD PERSON

7.

SMT. SEETA RAM NAIK D/O. RAMA NAIK

AGED MAJOR

8.

SRI. SHYAM RAM NAIK D/O. RAMA NAIK

AGED MAJOR

9.

SRI. SURESH RAM NAIK S/O. RAMA NAIK

AGED MAJOR

10.

SRI. PRASHANT RAM NAIK S/O. RAMA NAIK

AGED MAJOR

11.

SMT. VANDAN RAM NAIK D/O. RAMA NAIK

AGED MAJOR

12.

SMT. SAILA RAM NAIK D/O. RAMA NAIK

AGED MAJOR

13.

SMT. MANDA RAM NAIK D/O. RAMA NAIK

AGED MAJOR

ALL RESIDING AT VILLAGE

HC-KAR

KARWAR 581301.

SRI. SHIVANAND VENKATESH NAIK BY LRS

KOLGE, KARWAR-581301.

…RESPONDENTS

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

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF

THE CONSTITUTION OF INDIA, PRAYING TO:

I.

DECLARING THAT THE IMPUGNED AWARD DATED 25-05- 2022 PASSED BY THE RESPONDENT NO.1 IN NO.BHUSWA/

KR-VIVA-28(A)-93-2012-13 VIDE ANNEXURE-A IS VITIATED

AND NON-EST.

II.

QUASH THE IMPUGNED AWARD DATED 25-02-2022 PASSED

BY THE RESPONDENT NO.1 IN NO.BHUSWA-KR-VIVA-28(A)- 93/2012-13 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)-93/2012-13 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.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER

WAS MADE THEREIN AS UNDER:

CORAM:

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ