Suhas vs The Managing Director, Karnataka Road Development

Aravind Kumar, J.—Heard Sriyuts Manoj D. Pukale, learned counsel appearing for the petitioners, C.V. Angadi, learned counsel appearing for respondent Nos. 1 to 4. Perused the case papers.

Petitioners are seeking for the following reliefs:

a. issue writ of mandamus or a direction in the nature of writ of mandamus to the respondent authorities to consider he existing area of land marked in Land Record Maps of petitioners'' plot NO. 6, 9, 11, 14, 22 and 25 in Survey NO. 413B + 414B of Unkal Gram, Hubli Taluk for the proposed widening shown Land Record Maps in Annexure ''D'' ''D1'' D2'' ''D3'' ''D4'' and ''D5'' before proceeding to acquire said land;

b. issue writ of Mandamus or a Direction in the nature of Writ of Mandamus to the Respondent Authorities to consider the existing measurement of 36 meters of reserved land available for road widening shown in the Land Record Map (PT sheet) (Annexure ''D'' series):

c. issue writ of Mandamus or a Direction in the nature of Writ of Mandamus to the Respondent Authorities to widen the road by using the road reserved for the widening shown in the Land Record Map (PT Sheet) in (Annexure ''D'' series):

d. Prohibit the Respondent Authorities from acquiring Petitioners'' land in Plot NO. 6, 9, 11, 14, 22 and 25 in Survey No. 413B + 414B Unkal Gram, Hubli Taluk as per Notices in Annexure ''A'', ''A1'', ''A2'', A3'', ''A4'', ''A5'' and ''A6 which is proposed as per Notification dated 10.09.2012 u/s 15 of the Karnataka Highway Act, 1964 (KH Act) vide No. LOE 112 EAP:

Manoj D. Pukale, learned counsel appearing for the petitioners reiterating the contentions raised in the writ petitions would submit that under the impugned notices A1 to A5, lands belonging to the petitioners to the extent described thereunder is sought to be acquired for the purposes of road widening and he relies upon the P.T. sheet which is produced as Annexure-D series to contend that on the opposite side of the petitioners land, vacant land located therein has been reserved for the purposes of road widening and without making use of the same and respondents without examining about viability to utilise the said vacant land are pressing to acquire the petitioners'' land and as such, he seeks for the grant of the prayers sought for in the writ petitions. He would also submit that respondents have not followed the procedure prescribed u/s 7 and 8 of the Karnataka Highways Act, 1964 and as such, he prays for issue of writ of mandamus to the respondents to consider the existing area of land available in Plot Nos. 6, 9, 11, 14, 22 & 25 in Sy. Nos. 413/B and 414/B of Unkal Gram, Hubli Taluk for purpose of road widening without resorting to acquire petitioners land.

Per contra, Sri C.V. Angadi, learned Advocate appearing for respondents-3 & 4 would support the proposed acquisition and submits that petitioners having not challenged acquisition for the road widening cannot call upon the respondents to adopt a particular alignment particularly when the authorities like the Technical Committee comprising of Civil Engineers and having expertise in High Way Engineering have opined that proposed width of the road is to be 35 mtrs and to develop the road with width of 17.50 mtrs on either side from Centre line of existing BT surface as per cross section approved by the Technical Committee, steps having been taken by respondents, petitioners cannot contend that land abutting the lake should be utilised for the purpose of road widening instead of lands of petitioners now being acquired.

At the outset, it requires to be noticed that impugned notices are issued u/s 17(3) of the Karnataka Highways Act, 1964 for the purposes of taking possession of the land. Undisputedly, notification issued u/s 15 of the Karnataka Highways Act, 1964 dated 10.09.2012 published on 04.10.2012 has not been challenged by the petitioners. Therefore, petitioners cannot be heard to contend that alignment should be in the manner in which it is now sought to be made out in the present writ petitions.

The road widening project and proposal of Bus Rapid Transit System between Hubli and Dharwad has been taken up by the respondents to ease the constantly and regularly increasing traffic between Hubli and Dharwad; for developing four lane carriage way; for better transportation between Hubli and Dharwad to reduce travel time; for introduction of quality and reliable public transport service from Hubli to Dharwad with joint participation of the Government of Karnataka, Hubli Dharwad Municipal Corporation, Hubli Dharwad Urban Development Authority and NWKRTC (who has financially contributed) and for these multifold reasons, road widening has been taken up by the respondents. According to respondents, estimated cost of project is 453 Crores for Bus Transport System alone and a loan of Rs. 1.9 Million Dollars have been raised from the World Bank. The present proposed stretch of State Highway which is being widened is a part of State Highway No. 73. The land which the petitioners are contending to be vacant and which can be utilised for the purpose of road widening according to petitioners, is situated on the southern side of the petitioners property all along periphery of Unkal lake.

The Courts would not be in a position to sit in the Arm Chair of the Experts to find out as to which is the land which would be more feasible for either building the highway or for widening the existing highway. Technical Committee comprising of Engineers and Experts have conducted an evaluation and having studied the topography of the existing road and by taking into consideration the cost factor has undertaken to widen the road as noticed herein above. It is not the case of the petitioners that PT sheets produced along with writ petitions - Annexure-D series have been issued by the State High Way Authorities. On the other hand, the proposed plan for widening of Hubli Dharwad existing State High Way, which is based on the technical evaluation, is found at Annexures-R-3A & R-3B which also indicate the alignment.

In view of the categorical stand taken by the respondents that land proposed by the petitioners which is said to be vacant and situated on the southern side, is the land abutting the lake and experts having opined that it would not be feasible to use the said land for the purpose of road widening, this Court cannot direct the authorities to either shift the alignment from the existing one or direct the respondents'' to utilise the land abutting lake: and its periphery. In that view of the matter, I am of the considered view that prayer sought for by the petitioners cannot be granted.

Accordingly, writ petitions stand dismissed. No costs.

Ordered accordingly.