BASAVARAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has approached this Court seeking a writ of mandamus and consequential reliefs in respect of land bearing CTS No.2757/B/4 measuring 441.75 square meters and CTS No.2757/B/5 measuring 25.50 square meters, situated at Vidyanagar, Hunagund Taluk, Bagalkot District, contending that the said land have been utilized for the formation of NH-13 (now NH-50) bypass road without initiating acquisition proceedings and without payment of compensation. Brief facts:

(2.) The petitioner is the owner of the aforesaid CTS properties, derived from Sy.No.323/1+2+3/2B, which stood converted to non-agricultural use in the year 1963 and subsequently, allotted to the petitioner under a registered family arrangement. For construction of NH-13, acquisition proceedings were initiated in respect of adjoining lands in the year 1979 and compensation was paid to the then land owners.

(3.) It is a case of the petitioner that during execution of the bypass road, there was a change of alignment, and portions of the petitioner's CTS lands came to be utilized for formation of the road, without initiating any acquisition proceedings and without payment of compensation. The petitioner became aware of such utilization when he applied for building permission in the year 2019 and was directed to maintain a setback of 40 meters from the central line of the highway.