Sri P Puttappa vs Special Land Acquisition Officer
2022 Latest Caselaw 5015 Kant

                             -1-


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 17TH DAY OF MARCH, 2022

                      PRESENT

THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE

                            AND

   THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR

MISCELLANEOUS FIRST APPEAL NO. 5322/2019 (AA)


BETWEEN:


SRI P. PUTTAPPA
AGED 59 YEARS
S/O PAKIRAPPA
R/O HOLEBENAVALLI POST
NIDIGE HOBLI
SHIVAMOGGA CITY - 577 203
                                       ... APPELLANT
(BY SRI PRUTHVI WODEYAR, ADVOCATE)


AND:


1 . SPECIAL LAND ACQUISITION OFFICER
    AND THE COMPETENT AUTHORITY
    NATIONAL HIGHWAYS - 13
    CHITRADURGA
    SHIVAMOGGA SECTION
    K.R.CIRCLE
    BENGALURU - 560 001

2 . EXECUTIVE ENGINEER
    AND MANAGER
    TECHNICAL AND PPP CELL
    NATIONAL HIGHWAYS
    SHIVAMOGGA - 577 204

3 . THE DEPUTY COMMISSIONER AND
    THE DISTRICT MAGISTRATE
    SHIVAMOGGA AND THE
    SOLE ARBITRATOR
                           -2-


    NATIONAL HIGHWAYS ACT
    SHIVAMOGGA - 577 201


                                         ... RESPONDENTS
                           ---

      THIS MFA FILED UNDER SECTION 37(1)(C) OF THE
ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO
ALLOW THE APPEAL BY SETTING ASIDE THE JUDGMENT AND
ORDER DATED 01.04.2019 PASSED BY THE III ADDITIONAL
DISTRICT JUDGE, SHIVAMOGGA IN A.S.NO.21/2018 AND ALSO
TO SET ASIDE THE AWARD OF THE SOLE ARBITRATOR THE 3 RD
RESPONDENT DATED 07.02.2018 PASSED IN NH.LAC ARBT
20/2014-15 AND TO REMIT THE MATTER TO THE SOLE
ARBITRATOR, WITH A DIRECTION TO PASS THE AWARD IN
ACCORDANCE WITH LAW, IN THE ENDS OF JUSTICE IN THE
LIGHT OF THE DIRECTIONS THAT MAY BE PASSED IN THIS
BEHALF OR TO PASS SUCH ORDER AS THIS HON'BLE COURT
DEEMS FIT TO GRANT UNDER THE CIRCUMSTANCES OF THE
CASE.


     THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
CHIEF JUSTICE DELIVERED THE FOLLOWING:


                      JUDGMENT

Learned counsel for the appellant informs that under

the similar facts and circumstances and against the same

notification, this Court, vide judgment and order dated

19.07.2021 passed in a bunch of Miscellaneous First

Appeals, the leading case being M.F.A.No.5302/2019 has

dismissed the appeals holding that they are all devoid of

merits.

2. The operative portion of the judgment and

order dated 19.07.2021 is reproduced below:-

"11. We do not find any perversity or patent illegality in the impugned judgment calling for any interference by this Court exercising the power under Section 37 of the Act, 1996.

Appeals being devoid of merits stand dismissed with liberty to the appellants/claimants to seek rederessal of their grievance in accordance with law before the appropriate Forum, if they are entitled and advised to do so."

3. In view of the above, the present appeal stands

dismissed on the same terms as ordered by this Court vide

order dated 19.07.2021 passed in the bunch of

Miscellaneous First Appeals.

4. No order as to costs.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

KPS