Karnataka High Court
National Highway Authority Of ... vs Darshan S/O Hariyappa ... on 6 January, 2022
Bench: R Natarajpresided Byrnj
:1:
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 6TH DAY OF JANUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE R. NATARAJ
MFA NO.21999 OF 2013 (AA)
Connected with
MFA NO.21994 OF 2013 (AA), MFA NO.21995 OF 2013
(AA), MFA NO.21996 OF 2013 (AA), MFA NO.21997 OF
2013 (AA), MFA NO.21998 OF 2013 (AA),
IN M.F.A. NO.21999/2013:
BETWEEN:
NATIONAL HIGHWAY AUTHORITY OF INDIA,
BY ITS DEPUTY GENERAL MANAGER (TECH)
AND COMPETENT AUTHORITY FOR LAND
ACQUISITION (CA FOR LA)
NOW R/P BY PROJECT DIRECTOR DHARWAD
CH. RAMANUJULA RAO OF DHARWAD,
NEAR JMIT, NH-4, (KM.201),
CHITRADURGA - 577 502.
... APPELLANT
(BY SRI. SHIVASAI M. PATIL, ADVOCATE)
AND:
1. MALTESHCHAR UMACHARY MAYACHARY
2. NAGEDRACHARYA S/O. UMACHARY MAYACHARY
BOTH MAJORS AND AGRICULTURISTS
RESIDENTS OF KARUR VILLAGE,
:2:
RANEBENNUR TALUK, HAVERI DISTRICT.
3. THE DEPUTY COMMISSIONER HAVERI
AND ARBITRATOR FOR NATIONAL HIGHWAY
AUTHORITY OF INDIA, HAVERI.
... RESPONDENTS
(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADV
FOR R1 AND 2
SRI. VINAYAK S. KULKARNI, AGA FOR R3)
THIS APPEAL IS FILED UNDER SECTION 37 OF THE
ARBITRATION AND CONCILIATION ACT 1996, FILED AGAINST
THE JUDGMENT AND DECREE DATED 01.02.2013 PASSED IN
ARBITRATION CASE NO.114/2010 ON THE FILE OF THE
DISTRICT JUDGE AT HAVERI, DISMISSING THE SUIT FILED
UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION
ACT 1996.
IN M.F.A. NO.21994/2013:
BETWEEN:
NATIONAL HIGHWAY AUTHORITY OF INDIA,
BY ITS DEPUTY GENERAL MANAGER (TECH)
AND COMPETENT AUTHORITY FOR LAND
ACQUISITION (CA FOR LA)
NOW R/P BY PROJECT DIRECTOR DHARWAD
CH. RAMANUJULA RAO OF DHARWAD,
NEAR JMIT, NH-4, (KM.201),
CHITRADURGA - 577 502.
... APPELLANT
(BY SRI. SHIVASAI M. PATIL, ADVOCATE)
AND:
1. YALLAPPA S/O. SHIVAPPA SARATHI
AGE: MAJOR, OCC: AGRICULTURIST
R/O: KARUR VILLAGE,
RANEBENNUR TALUK, HAVERI DISTRICT.
2. THE DEPUTY COMMISSIONER HAVERI
AND ARBITRATOR FOR NATIONAL HIGHWAY
AUTHORITY OF INDIA, HAVERI.
... RESPONDENTS
(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADV.
FOR R1 AND
SRI. VINAYAK S. KULKARNI, AGA FOR R2)
THIS APPEAL IS FILED UNDER SECTION 37 OF THE
ARBITRATION AND CONCILIATION ACT 1996, FILED AGAINST
THE JUDGMENT AND DECREE DATED 01.02.2013 PASSED IN
ARBITRATION CASE NO.118/2010 ON THE FILE OF THE
DISTRICT JUDGE AT HAVERI, DISMISSING THE SUIT FILED
UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION
ACT 1996.
IN M.F.A. NO.21995/2013:
BETWEEN:
NATIONAL HIGHWAY AUTHORITY OF INDIA,
BY ITS DEPUTY GENERAL MANAGER (TECH)
AND COMPETENT AUTHORITY FOR LAND
ACQUISITION (CA FOR LA)
NOW R/P BY PROJECT DIRECTOR DHARWAD
CH. RAMANUJULA RAO OF DHARWAD,
NEAR JMIT, NH-4, (KM.201),
CHITRADURGA - 577 502.
... APPELLANT
(BY SRI. SHIVASAI M. PATIL, ADVOCATE)
AND:
1. MANJUNATH S/O. NAGAPPA KANNAL,
AGE: MAJOR, OCC: AGRICULTURIST
R/O: KARUR VILLAGE,
RANEBENNUR TALUK, HAVERI DISTRICT.
2. THE DEPUTY COMMISSIONER HAVERI
AND ARBITRATOR FOR NATIONAL HIGHWAY
AUTHORITY OF INDIA, HAVERI.
... RESPONDENTS
(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADV.
FOR R1 AND
SRI. VINAYAK S. KULKARNI, AGA FOR R2)
THIS APPEAL IS FILED UNDER SECTION 37 OF THE
ARBITRATION AND CONCILIATION ACT 1996, FILED AGAINST
THE JUDGMENT AND DECREE DATED 01.02.2013 PASSED IN
ARBITRATION CASE NO.119/2010 ON THE FILE OF THE
DISTRICT JUDGE AT HAVERI, DISMISSING THE SUIT FILED
UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION
ACT 1996.
IN M.F.A. NO.21996/2013:
BETWEEN:
NATIONAL HIGHWAY AUTHORITY OF INDIA,
BY ITS DEPUTY GENERAL MANAGER (TECH)
AND COMPETENT AUTHORITY FOR LAND
ACQUISITION (CA FOR LA)
NOW R/P BY PROJECT DIRECTOR DHARWAD
CH. RAMANUJULA RAO OF DHARWAD,
NEAR JMIT, NH-4, (KM.201),
CHITRADURGA - 577 502.
... APPELLANT
(BY SRI. SHIVASAI M. PATIL, ADVOCATE)
AND:
1. DARSHAN S/O. HARIYAPPA MUDADYAVANNAVAR
AGE: MAJOR, OCC: AGRICULTURIST
R/O: KARUR VILLAGE,
RANEBENNUR TALUK, HAVERI DISTRICT.
2. THE DEPUTY COMMISSIONER HAVERI
AND ARBITRATOR FOR NATIONAL HIGHWAY
AUTHORITY OF INDIA, HAVERI.
... RESPONDENTS
(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADV.
FOR R1 AND
SRI. VINAYAK S. KULKARNI, AGA FOR R2)
THIS APPEAL IS FILED UNDER SECTION 37 OF THE
ARBITRATION AND CONCILIATION ACT 1996, FILED AGAINST
THE JUDGMENT AND DECREE DATED 01.02.2013 PASSED IN
ARBITRATION CASE NO.121/2010 ON THE FILE OF THE
DISTRICT JUDGE AT HAVERI, DISMISSING THE SUIT FILED
UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION
ACT 1996.
IN M.F.A. NO.21997/2013:
BETWEEN:
NATIONAL HIGHWAY AUTHORITY OF INDIA,
BY ITS DEPUTY GENERAL MANAGER (TECH)
AND COMPETENT AUTHORITY FOR LAND
ACQUISITION (CA FOR LA)
NOW R/P BY PROJECT DIRECTOR DHARWAD
CH. RAMANUJULA RAO OF DHARWAD,
NEAR JMIT, NH-4, (KM.201),
CHITRADURGA - 577 502.
... APPELLANT
(BY SRI. SHIVASAI M. PATIL, ADVOCATE)
AND:
1. JAYAPPA S/O. SANNAHANUMAPPA TALVAR
AGE: MAJOR, OCC: AGRICULTURIST
R/O: KARUR VILLAGE,
RANEBENNUR TALUK, HAVERI DISTRICT.
2. THE DEPUTY COMMISSIONER HAVERI
AND ARBITRATOR FOR NATIONAL HIGHWAY
AUTHORITY OF INDIA, HAVERI.
... RESPONDENTS
(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADV.
FOR R1 AND
SRI. VINAYAK S. KULKARNI, AGA FOR R2)
THIS APPEAL IS FILED UNDER SECTION 37 OF THE
ARBITRATION AND CONCILIATION ACT 1996, FILED AGAINST
THE JUDGMENT AND DECREE DATED 01.02.2013 PASSED IN
ARBITRATION CASE NO.120/2010 ON THE FILE OF THE
DISTRICT JUDGE AT HAVERI, DISMISSING THE SUIT FILED
UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION
ACT 1996.
IN M.F.A. NO.21998/2013:
BETWEEN:
NATIONAL HIGHWAY AUTHORITY OF INDIA,
BY ITS DEPUTY GENERAL MANAGER (TECH)
AND COMPETENT AUTHORITY FOR LAND
ACQUISITION (CA FOR LA)
NOW R/P BY PROJECT DIRECTOR DHARWAD
CH. RAMANUJULA RAO OF DHARWAD,
NEAR JMIT, NH-4, (KM.201),
CHITRADURGA - 577 502.
... APPELLANT
(BY SRI. SHIVASAI M. PATIL, ADVOCATE)
AND:
1. NAGARAJ S/O. SHIVAPPA AJJANNAVAR
2. BASAVARAJ S/O. SHIVAPPA AJJANNAVAR
BOTH ARE MAJORS AND AGRICULTURIST
R/O: KARUR VILLAGE,
RANEBENNUR TALUK, HAVERI DISTRICT.
3. THE DEPUTY COMMISSIONER HAVERI
AND ARBITRATOR FOR NATIONAL HIGHWAY
AUTHORITY OF INDIA, HAVERI.
... RESPONDENTS
(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADV.
FOR R1 AND R2
SRI. VINAYAK S. KULKARNI, AGA FOR R3)
THIS APPEAL IS FILED UNDER SECTION 37 OF THE
ARBITRATION AND CONCILIATION ACT 1996, FILED AGAINST
THE JUDGMENT AND DECREE DATED 01.02.2013 PASSED IN
ARBITRATION CASE NO.117/2010 ON THE FILE OF THE
DISTRICT JUDGE AT HAVERI, DISMISSING THE SUIT FILED
UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION
ACT 1996.
THESE APPEALS COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
ORDER
1. These appeals are filed by the acquiring body
challenging the judgment dated 01.02.2013 in arbitration
suit No.114, 109, 111, 112, 113 and 115 of 2010, by which,
the challenge to an award under Section 34 of the
Arbitration and Conciliation Act, 1996, was turned down by
the District Court.
2. The learned counsel for the appellants submitted
that in respect of the very same acquisition, the acquiring
body as well as other land losers had challenged similar
award of the arbitrator under Section 34 of Act of 1996, in
arbitration suit Nos. 12, 13, 14, 15, 16, 17, 20, 22, 25, 26,
29 and 46/2009. The learned Presiding officer in terms of a
common judgment dated 21.09.2012 had remitted the case
back to the Arbitrator/Deputy Commissioner to hear the
parties affected and to pass an award in the light of the
observations recorded in the judgment and in the light of
provisions contained in Section 3G (7) of the National
Highways Act.
3. The learned counsel for the appellants therefore
submitted that in order to maintain uniformity in the
quantum of compensation to be paid to land losers, it is
appropriate that the award passed by the arbitrator in the
present appeal may be set aside and direct the arbitrator to
determine the lawful compensation payable.
4. However, the learned counsel for the land losers
submitted that the award was justified and therefore did not
call for any interference.
5. Having regard to the fact that in the matters of
grant of compensation uniformity has to be maintained, it is
appropriate that instead of deciding the quantum of
compensation, it is appropriate that the case is remitted
back to the arbitrator with a direction to restore and
reconsider the case of the land losers in accordance with the
provisions contained under Section 3G(7) of the National
Highway Act.
6. In view of the above, the appeal is allowed and
the impugned order passed by the District Judge, Haveri in
Arbitrary Suit No. 114/2010 dated 01.02.2013 and the
award passed by the arbitrator in respect of the acquisition
of the lands of the respondents herein is also set aside. The
case is remitted back to the arbitrator to dispose it in
accordance with law.
7. The amount in deposit shall be returned to the
appellants.
Sd/-
JUDGE
SMM
