Karnataka High Court
National Highway Authority Of India vs Late Dasanahalmaliyappa S/O. Dodda ... on 19 December, 2023
Author: S.Sunil Dutt Yadav
Bench: S.Sunil Dutt Yadav
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WA No. 100612 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 19TH DAY OF DECEMBER, 2023
PRESENT
THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
WRIT APPEAL NO. 100612 OF 2023 (LA-RES)
BETWEEN:
NATIONAL HIGHWAY AUTHORITY OF INDIA
HAVING ITS OFFICE AT: C-10 SHREE NILAYAM,
1ST MAIN, 2ND CROSS,
VIVEKANANDA NAGAR, BEHIND RTO OFFICE,
HOSPET - 583201.
REPRESENTED BY ITS PROJECT DIRECTOR.
...PETITIONER
(BY SMT. SHILPA SHA FOR
SRI. RAKESH M.BILKI, ADVOCATE)
SHIVAKUMAR AND:
HIREMATH
LATE DASANAL MALIYAPPA
Digitally signed by
SHIVAKUMAR S/O. DODDA MALIYAPPA BY HIS LRS
HIREMATH
Date: 2023.12.21 1. DASANAL @ DASANALHAL MALLAMMA
14:40:25 +0530
W/O. DASANAL MALLAPPA,
AGED ABOUT 58 YEARS,
2. DASANAL @ DASANALHAL SHANKARAPPA,
S/O. DASANAL MALLAPPA,
AGED ABOUT 48 YEARS,
3. SMT. L.B.LAXMIDEVI D/O. DASANAL MALLAPPA,
AGED ABOUT 47 YEARS,
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WA No. 100612 of 2023
4. DASANAL @ DASANALHAL RENUKA,
W/O. BHARAMAPPA,
AGED ABOUT 35 YEARS,
5. DASANAL @ DASANALHAL HANUMANATHAPPA,
S/O. DASANAL MALLAPPA,
AGED ABOUT 44 YEARS,
6. DASANAL @ DASANALHAL NIRMALA,
D/O. DASANAL MALLAPPA,
AGED ABOUT 30 YEARS,
RESPONDENTS NO.1 TO 6 RESIDING AT:
HOUSE NO.3/1, 18TH WARD,
S.R.NAGAR, HOSPET TALUK,
BELLARY DISTRICT - 583201.
RESPONDENTS NO.1 TO 4 & 6 REPRESENTED BY
THEIR GPA HOLDER RESPONDENT No.5.
LATE SHIVARAM GUJJAL BY HIS LRs.,
7. SRI. DHARMAVEER S/O. SHIVARAM GUJJAL,
AGED ABOUT 42 YEARS,
8. SMT. RENUKA W/O. SHIVARAM GUJAL,
AGED ABOUT 65 YEARS,
9. SRI. MANJUNATH S/O. SHIVARAM GUJJAL,
AGED ABOUT 46 YEARS,
10. SRI. MAHESH S/O. SHIVARAM GUJJAL,
AGED ABOUT 41 YEARS,
11. SMT. MANJULA KATTI D/O. SHIVARAM GUJJAL,
AGED ABOUT 42 YEARS,
RESPONDENTS NO.7 TO 11 RESIDING AT:
WARD NO.32, A.C.OFFICE ROAD,
VALMIKI CIRCLE, HOSPET TALUK,
VIJAYANAGARA DISTRICT-583201.
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WA No. 100612 of 2023
RESPONDENTS NO.8 TO 11 REP. BY
THEIR GPA HOLDER RESPONDENT NO.7.
LATE JAMBANALI VENKOBANNA
S/O. SEETHAMMA BY HIS LRs
12. SRI. SATYA NARAYANA
S/O. VENKOBANNA JAMBANALLI,
AGED ABOUT 56 YEARS,
RESIDING AT HOUSE NO.95, WARD NO.33,
JAMBANALLI KERI, NEAR THAYAMMA TEMPLE,
HOSPET TALUK,
BELLARY DISTRICT - 583201.
13. SRI. J.HANUMESH
S/O. VENKOBANNA JAMBANALLI,
AGED ABOUT 54 YEARS,
RESIDING AT WARD NO.33,
MYASAKERI, NEAR THAYAMMA TEMPLE,
HOSPET TALUK,
BELLARY DISTRICT - 583201.
14. SMT. AMBJUA @ THARIHALLI AMBUJA
D/O. VENKOBANNA JAMBANALLI,
AGED ABOUT 52 YEARS,
RESIDING AT WARD NO.33,
NEARVALMIKI SCHOOL, MYASAKERI,
HOSPET TALUK,
BELLARY DISTRICT - 583201.
15. SMT. SEETAMMA @ H.SAVITHA
D/O. VENKOBANNA JAMBANALLI,
AGED ABOUT 50 YEARS,
RESIDING AT WARD NO.33,
A.C. OFFICE ROAD,
NEAR THAYAMMA TEMPLE, HOSPET TALUK,
BELLARY DISTRICT - 583201.
16. SRI. J.MANJUNATH
S/O. VENKOBANNA JAMBANALLI,
AGED ABOUT 48 YEARS,
RESIDING AT WARD NO.33,
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WA No. 100612 of 2023
NEAR THAYAMMA TEMPLE,
JAMBANALLI KERI, VTC, HOSPET TALUK,
BELLARY DISTRICT - 583201.
17. DR. GOVINDA RAJ J,
S/O. VENKOBANNA JAMBANALLI,
AGED ABOUT 46 YEARS,
RESIDING AT HOUSE NO.60,
4TH CROSS, NEHRU COLONY,
BELLARY DISTRICT - 583201.
RESPONDENTS NO.13 TO 17 REP. BY
THEIR GPA HOLDER RESPONDENT NO.12.
18. MR. T. YOUNIS S/O. HAJIT AMEER SAB,
AGED ABOUT 56 YEARS,
RESIDING AT WARD NO.22,
WHITE HOUSE, RING ROAD,
BESIDE SATYA SHAMALA SCHOOL,
SHANKALAPUR, HOSPET TALUK,
BELLARY DISTRICT - 583201.
19. THE SPECIAL LAND ACQUISITION OFFICER
& COMPETENT AUTHORITY, BELLARY,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
HAVING OFFICE AT 4TH MAIN ROAD,
5TH CROSS, OPP. GANGAPARAMESHWARI
KALYANA MANTAPA, VIDHYANAGAR,
BELLARY - 583104.
REPRESENTED BY ITS
SPECIAL LAND ACQUISITION OFFICER.
...RESPONDENTS
(BY SMT. ARCHANA A.MAGADUM, ADV. FOR C/R1 TO C/R6;
SRI. M.R.NAIK, SENIOR COUNSEL FOR
SRI. VARUN GOWDA AND
SRI. CHANDAN GOWDA, ADVOCATES FOR R7 TO R17)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON'BLE
COURT TO SET ASIDE THE ORDER DATED 13TH SEPTEMBER
2023 PASSED BY THE LEARNED SINGLE JUDGE IN
W.P.NO.104468/2023 (LA-RES).
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WA No. 100612 of 2023
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The present writ appeal has been filed by the National
Highway Authority of India, challenging the order passed in
Writ Petition No.104468/2023. The writ petition was allowed
with the following directions:
"(i) Writ Petition is allowed.
(ii) The NHAI shall deposit 50 per cent of the
compensation amount, as awarded by the Arbitral Court,
with the Executing Court within a period of four weeks. The
said amount shall be released to the land owners
unconditionally.
(iii) The learned District Court, before whom the
proceedings under Section 34 of the Arbitration Act are
pending, shall make an endeavour to decide such
proceedings within a period of six months from the next date
of hearing before the said court.
(iv) The balance amount of compensation as per the
Award to be passed under Section 34 of the Arbitration Act,
shall be deposited by the NHAI with the Executing Court
within four weeks after such determination. The said amount
shall also be released by the Executing Court in favour of the
land owners subject to the rights and remedies available to
the parties in law.
(v) While releasing 50 per cent of the amount to the land
owners, the amount that is already received by them shall
be set off."
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2. After hearing the matter for sometime, upon the
suggestion of this Court, the appellant herein has fairly
acceeded to the suggestion and upon instructions, the
learned counsel appearing for the appellant Smt. Shilpa Sha
submits that, 50% of the compensation amount as awarded
by the Arbitral Court would be deposited with the Executing
Court within a period of four weeks from the date of release
of this judgment.
3. Taking note of the observations made in the writ
proceedings and the submissions of the learned counsel
appearing for the appellant, without entering into the merits
of the matter for the present, the dispute itself could be
resolved in terms of the following:
ORDER
(i) The National Highway Authority of India shall
deposit 50% of the compensation amount as
awarded by the Arbitral Court before the Executing
Court within a period of four weeks from the date of
release of this order.
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(ii) In light of the submission that the petition under
Section 34 of the Arbitration Act has been
dismissed, to secure the interest of the appellant,
the Executing Court is directed not to disburse the
amount deposited, till the expiry of the limitation
period as is available in law, insofar as further
proceedings as regards the order passed under
Section 34 of the Arbitration Act.
(iii) Upon the expiry of the period of limitation, the
direction of the learned Single Judge that the
amount shall be released to the land owners would
revive.
(iv) Insofar as the remaining portion of 50% of the
arbitral award is concerned, the execution
proceedings can proceed and this Court refrains
from making observations on the merits.
Accordingly, the writ appeal is disposed off. All
contentions are kept open. The order that is passed herein
would have the effect of disposing the writ appeal itself and
modifying the order of the learned Single Judge in terms of
the above.
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Needless to state that the order passed is in the
peculiar facts of the case and the same is not to be treated
as precedent.
By virtue of the disposal of the writ appeal, it is clear
that the directions passed herein would substitute the
directions of the learned Single Judge and would be in
supercession of the same.
The observations made herein may be taken note
appropriately, if the learned counsel for the appellant would
seek for expediting for hearing of proceedings calling in
question the order passed in Section 34 proceedings.
Accordingly, appeal is disposed off.
Sd/-
JUDGE
Sd/-
JUDGE
RH
