WP/105049/2024 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 24TH DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

WRIT PETITION NO. 105049 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 CORPORTION 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 ACQUISITION OFFICER

KONKAN RAILWAY AND ASSISTANT COMMISSIONER

KARWAR SUB-DIVISION,

AT KARWAR-581201.

2.

DEPUTY COMMISSIONER

UTTAR KANNADA DISTRICT,

OFFICE OF THE DEPUTY COMMISSIONER,

AT KARWAR-581301.

3.

MUKUND NEELKANTH DESAI (DEAD BY LRS)

Digitally signed

by SHWETHA

RAGHAVENDRA

Location: HIGH

COURT OF

KARNATAKA

HC-KAR

3A) PRASAD S/O MUKUND DESAI

AGED MAJOR

3B)SANDEEP S/O MUKUND DESAI

AGED MAJOR

3C) NILESH S/O MUKUND DESAI

AGED MAJOR,

NO 3 A) TO 3 C) ALL RESIDING AT FLAT NO 604, SECTOR NO. 28, PRADHIKARAN, GANGANAGAR, PUNE, MAHARASHTRA-411018.

4.

PRAKASH NEELKANTH DESAI (DEAD BY LRS)

4A) PRITAM S/O PRAKASH DESAI,

AGED MAJOR, R/O SAKET, 11/22,

OPP. PCMT DEPT,

SANT TUKARAM NAGAR,

PIMPRI, PUNE, MAHARASHTRA-411018.

…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

21.11.2022

PASSED

BY

THE

RESPONDENT NO.1 IN NO.BHUSWA.KR-28(A)/VIVA-613/2013- 14 VIDE ANNEXURE-A IS VITIATED AND NON-EST.II. QUASH

THE IMPUGNED AWARD DATED 21.11.2022 PASSED BY THE

RESPONDENT NO.1 IN NO.BHUSWA.KR-28(A)/VIVA-613/2013- 14 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)-270/2012-13 ON THE FILE OF

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

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-DETERMINATED AMOUNT/COMPENSATION.

HC-KAR

V. QUASHING THE ENTIRE PROCEEDINGS IN KHURWA KR

28(A)/VIVA-613/2013-14

ON

THE

FILE

OF

RESPONDENT

NO.VIDE ANNEXURE-A, AS ILLEGAL AND ARBITRARY AND ULTRA

VIRES SECTION 28-A.

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