Sri. Peddamallappa vs National Highway Authority Of ...
2022 Latest Caselaw 11835 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 14TH DAY OF SEPTEMBER, 2022

                          BEFORE

        THE HON'BLE MS. JUSTICE JYOTI MULIMANI

 MISCELLANEOUS FIRST APPEAL No.4199 OF 2016 (AA)


BETWEEN :

1.    SRI. PEDDAMALLAPPA
      S/O LATE SRI. DODDANANJUNDAPPA
      AGED ABOUT 78 YEARS,
      R/O VARALAKONDA VILLAGE,
      GUDIBANDA TALUK,
      CHICKBALLAPUR DISTRICT.
      (BENEFIT OF SR. CITIZEN NOT CLAIMED)

      DECEASED BY LR'S

(a)   V.M. LAKSHMIPATHI
      S/O LATE SRI. PEDDAMALLAPPA
      AGED ABOUT 53 YEARS
      R/AT No. 8/3, WEST ANJANEYA TEMPLE STREET
      BASAVANAGUDI, BENGALURU - 4.

(b)   V. P. KRISHNAMURTHY
      S/O LATE SRI. PEDDAMALLAPPA
      AGED ABOUT 55 YEARS
      FLAT No.101, SRIVARI ROYAL APARTMENT
      No.101, 1ST "C" MAIN ROAD
      NGEF LAYOUT, MALLATHAHALLI
      BANGALORE - 560 056

(c)   SMT. M. LALITHA
      W/O SRI. G HANUMATHAPPA
      AGED ABOUT 57 YEARS
      R/AT No.90, " SRI. HARI NILAYA"
      4TH CROSS, VASTU ENCLAVE
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      NEAR GOVERNMENT SCHOOL
      KUDLU VILLAGE, BANGALORE - 560 068.

(d)   SMT. LEELAVATHAMMA
      W/O LATE SRI. PEDDAMALLAPPA
      AGED ABOUT 73 YEARS
      R/AT VARALAKONDA VILLAGE
      GUDIBANDA TALUK
      CHIKKABALLAPUR DISTRICT.
                                                ...APPELLANTS
(BY SRI. N. SHARATH, ADVOCATE)

AND:

1.    NATIONAL HIGHWAY AUTHORITY OF INDIA
      REP. BY THE PROJECT DIRECTOR &
      DEPUTY GENERAL MANAGER,
      PROJECT IMPLEMENTATION UNIT,
      SY.NO.13, 14TH KM, NAGASANDRA,
      NH-4, BENGALURU-TUMKUR ROAD,
      BENGALORE-560 073.

2.    THE DEPUTY COMMISSIONER &
      ARBITRATOR, NH-7,
      CHICKBALLAPUR DISTRICT,
      CHIKKABALLAPUR.
                                              ....RESPONDENTS
(BY SMT. SHILPA SHAH, ADVOCATE FOR R1
    R2 SERVED)

       THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION     37(1)(C)      OF        THE   ARBITRATION     AND
CONCILIATION ACT,


       THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
ADMISSION    THIS      DAY,    THE    COURT   DELIVERED   THE
FOLLOWING:
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                       JUDGMENT

Sri.N.Sharath., learned counsel for appellants has

appeared in person.

Smt.Shilpa Shah., learned counsel for respondent

No.1 has appeared through video conferencing.

The captioned appeal is filed challenging the order

dated 09.03.2016 passed by the Principal District Judge at

Chikkaballapura in A.S.No.21/2013.

Suffice it to note that initially the Special Land

Acquisition Officer has granted compensation of Rs.33/-

per sq.ft. Thereafter, the Arbitrator enhanced the same by

Rs.17/-. The Arbitral Award was challenged by the National

Highways Authority of India before Prl.District Judge,

Chikkaballapura, wherein, the learned Judge has remitted

the matter to the Arbitrator to consider matter afresh.

Sri.N.Sharath., learned counsel appearing on behalf

of appellants submits that the National Highways Authority

of India have deposited the compensation amount and the

same has been withdrawn by the appellants. Hence the

award of the Arbitrator has attained finality. Counsel

therefore, submits that the appeal may be allowed and the

order of remand may be set aside.

Learned counsel Smt.Shilpa Shah., acknowledges the

said submission.

The submission made on behalf of respective parties

is placed on record.

The Miscellaneous First Appeal is allowed. The

Arbitral award is confirmed. The order dated 09.03.2016

passed by the court of Principal district Judge,

Chikkaballapura in A.S.No.21/2013 is set-aside.

Sd/-

JUDGE

TKN