Karnataka High Court
National Highways Authority Of ... vs Smt. Shivanagamma on 11 July, 2023
Bench: H.P.Sandesh
-1-
NC: 2023:KHC:23924
MFA No. 2247 of 2020
C/W. M.F.A.No.2252 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO. 2247 OF 2020 (AA)
C/W.
MISCELLANEOUS FIRST APPEAL NO.2252 OF 2020 (AA)
IN M.F.A.NO.2247/2020
BETWEEN:
1. NATIONAL HIGHWAYS AUTHORITY OF INDIA
PROJECT IMPLEMENTATION UNIT-RAMANAGARA
NEAR BASAVANAPURA
(RAMADEVARAPADA)
RAMANAGARA - 562 128
RAMANAGARA DISTRICT
REP. BY ITS GENERAL MANGER
(TECH) AND PROJECT DIRECTOR
B.T.SRIDHARA
2. THE SPECIAL LAND ACQUISITION OFFICER
Digitally signed
AND COMPETENT AUTHORITY
by SHARANYA T NATIONAL HIGHWAY-209
Location: HIGH MALAVALLI TALUK
COURT OF MANDYA DISTRICT
KARNATAKA
...APPELLANTS
(BY SMT. ROOPAMANI C.S., ADVOCATE FOR
SRI PRAKASHA ANGADI B.V., ADVOCATE)
AND:
1. SMT. SHIVANAGAMMA
W/O. LATE MUDDAIAH
AGED ABOUT 60 YEARS
RESIDING AT KAGGALAVADI VILLAGE
CHAMARAJANAGARA TOWN
-2-
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C/W. M.F.A.No.2252 of 2020
2. THE ADDITIONAL DEPUTY COMMISSIONER
CHAMARAJANAGARA DISTRICT
CHAMARAJANAGARA.
...RESPONDENTS
(BY SRI BASAVARAJU M.S., ADVOCATE FOR R1;
SMT. LEENA C. SHIVAPURMATH, HCGP FOR R2)
THIS MFA IS FILED U/S.37(1)(C) OF THE ARBITRATION
AND CONCILIATION ACT, 1996, AGAINST THE JUDGMENT AND
DECREE DT. 25.10.2019 PASSED IN A.S.NO.13/2019 ON THE
FILE OF THE PRL. DISTRICT AND SESSIONS JUDGE,
CHAMARAJANAGAR, DISMISSING THE PETITION FILED U/S.34
OF ARBITRATION AND CONCILIATION ACT, 1996 R/W. ORDER
7, RULE 1 OF CPC WITH COST OF RS.3,000/-.
IN M.F.A.NO.2252/2020
BETWEEN:
1. NATIONAL HIGHWAYS AUTHORITY OF INDIA
PROJECT IMPLEMENTATION
UNIT-RAMANGARA
NEAR BASAVANAPURA
(RAMADEVARAPADA)
RAMANAGARA - 562 128
RAMANAGARA DISTRICT
REP. BY ITS GENERAL MANGER
(TECH) AND PROJECT DIRECTOR
B.T.SRIDHARA.
2. THE SPECIAL LAND ACQUISTION OFFICER
AND COMPETENT AUTHORITY
NATIONAL HIGHWAY-209
MALAVALLI TALUK
MANDYA DISTRICT.
...APPELLANTS
(BY SMT. ROOPAMANI C.S., ADVOCATE FOR
SRI PRAKASHA ANGADI B.V., ADVOCATE)
-3-
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MFA No. 2247 of 2020
C/W. M.F.A.No.2252 of 2020
AND:
1. SRI PUTTARANGAIAH
S/O. LATE SIDDAIAH
AGED ABOUT 62 YEARS
RESIDING AT AMBEDKAR EXTENSION
NEAR DHEENABANDHU SCHOOL
RAMASAMUDRA
CHAMARAJANAGARA TOWN
2. THE ADDITIONAL DEPUTY COMMISSIONER
CHAMARAJANAGARA DISTRICT
CHAMARAJANAGARA
...RESPONDENTS
(BY SRI BASAVARAJU M.S., ADVOCATE FOR R1;
SMT. LEENA C. SHIVAPURMATH, HCGP FOR R2)
THIS MFA IS FILED U/S.37(1)(C) OF THE ARBITRATION
AND CONCILIATION ACT, 1996, AGAINST THE JUDGMENT AND
AWARD DT. 25.10.2019 PASSED IN A.S.NO.03/2019 ON THE
FILE OF THE PRL. DISTRICT AND SESSIONS JUDGE,
CHAMARAJANAGAR, DISMISSING THE SUIT FILED U/O.34 OF
ARBITRATION AND CONCILIATION ACT, 1996 R/W. ORDER 7,
RULE 1 OF PC WITH COST OF RS.3,000/-.
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
These appeals are listed for final hearing and I have
heard the learned counsel for the appellants and learned
counsel for the respondents.
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2. These two appeals are filed challenging the order
dated 25.10.2019 passed in A.S.Nos.13/2019 and 3/2019 on
the file of the Principal District and Sessions Judge,
Chamarajanagar District, rejecting the arbitration suits filed by
the appellants and confirming the arbitral award passed by the
Additional Deputy Commissioner, Chamarajanagar District.
3. Learned counsel appearing for the appellants would
submit that this Court while considering the order of dismissal
of arbitration suits dated 25.10.2019 in M.F.A.No.2104/2020
and connected appeals, quashed the impugned common order
and the award and remanded the matter to the Deputy
Commissioner, Chamarajanagar to consider the same afresh
and similar order requires to be passed in these appeals also
since, already the arbitration suits which have been dismissed
by the Trial Court is quashed and matter is remanded back to
the Deputy Commissioner, Chamarajanagar to decide the
arbitration claims of the appellants and the contesting
respondents within an outer limit of six months from the date
of receipt of certified copy of this order and appellants as also
the contesting respondents have appeared before the Deputy
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Commissioner, Chamarajanagar District without further notice
on 25.07.2023. The counsel also would contend that when the
common order passed in respect of other arbitration suits are
quashed and arbitral claims of the appellants and the
contesting respondents are restored, these matters also to be
remanded to the Deputy Commissioner, Chamarajanagar.
4. Learned High Court Government Pleader for the
respondent No.2 also not disputes the fact that this Court has
already set aside the order passed in A.S.Nos.1/2019 to
22/2019, except the order passed in A.S.Nos.3/2019 and
13/2019 in M.F.A.No.2104/2020 and connected appeals.
5. Having taken note of the said fact into
consideration, when similar impugned order has been quashed
and matter is remanded back to the Deputy Commissioner,
Chamarajanagar to consider the matters afresh, there is a force
in the contention of the learned counsel for the appellants that
these matters also to be remanded to the Deputy
Commissioner, Chamarajanagar to consider the same afresh in
view of the order passed by this Court in M.F.A.No.2104/2020
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C/W. M.F.A.No.2252 of 2020
and connected appeals. Hence, the order of the Trial Court in
A.S.Nos.3/2019 and 13/2019 also requires to be set aside.
6. In view of the discussions made above, I pass the
following:
ORDER
(i) The appeals are allowed in part.
(ii) The impugned common order dated
25.10.2019 passed in A.S.Nos.3/2019 and
13/2019 on the file of the Principal District
and Sessions Judge, Chamarajanagar and the
award dated 25.02.2019 are hereby set aside
and the arbitral claims by the appellants and
the contesting respondents are restored for
consideration by the Deputy Commissioner,
Chamarajanagar in terms of the Notification
dated 31.07.2020 issued by the Ministry of
Road Transport and Highways, New Delhi.
(iii) The Deputy Commissioner, Chamarajanagar
shall decide the arbitral claim of the
appellants and the contesting respondents
within six months from the date of receipt of
certified copy of this order and the appellants
as well as the contesting respondents shall
appear before the Deputy Commissioner,
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Chamarajanagar District without expecting
any notice on 11.08.2023.
Sd/-
JUDGE
ST
