N.R. NARAYANAPPA Vs. UNION OF INDIA

JUDGEMENT

(1.) In light of the petitioners in both the petitions challenging the validity of the same preliminary and final notification with identical grievances, both the petitions are taken up together and disposed of by a common order.

(2.) The petitioners are residents of the village Guddemane. It is asserted that the village of the petitioners is connected to the Bangalore-Honnavara Road through the Marathur-Talaguppa road which is stated to have been in use for the past eight to nine decades.

(3.) It is the case of the petitioners that their lands have benefit of irrigation facilities and are near water canal which feeds water from the Gowri Kere. It is submitted that the proposal of the respondent National Highways Authority of India (NHAI) to form a By-pass and thereby abandoning the earlier Marathur-Talaguppa road and such formation of By-pass would involve acquisition of fertile and irrigated lands of the petitioners is sought to be challenged.