National Highways Authority Of ... vs Smt Ashwathamma
2023 Latest Caselaw 7009 Kant

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                                                        NC: 2023:KHC:36039
                                                     MFA No. 5879 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 5TH DAY OF OCTOBER, 2023

                                           BEFORE
                        THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                   MISCELLANEOUS FIRST APPEAL NO. 5879 OF 2023 (AA)


                   BETWEEN:

                   NATIONAL HIGHWAYS AUTHORITY OF INDIA
                   PROJECT IMPLEMENTATION UNIT-TUMAKURU
                   NHAI, NH-206, MAHALAKSHMI LAYOUT
                   BATAWADI, TUMAKURU-2
                   REP BY ITS PROJECT DIRECTOR
                   ANUP SHARMA.
                                                             ...APPELLANT
                   (BY SRI. PRAKASHA ANGADI B V., ADVOCATE)

                   AND:

                   1.    SMT ASHWATHAMMA
Digitally signed         W/O LATE H T ADAVISWAMY
by                       AGED ABOUT 75 YEARS
DHANALAKSHMI
MURTHY
Location: High     2.    SMT H S SAVITHRAMMA
Court of                 W/O B M RAJASHEKARAIAH
Karnataka
                         AGED ABOUT 62 YEARS

                   3.    SMT H S SATHYABHAMA
                         W/O K KRISHNEGOWDA
                         AGED ABOUT 54 YEARS

                         R1 TO R3 ARE RESDING AT
                         HABBATHANAHALLI VILLAGE
                         KASABA HOBLI, TUMAKURU TALUK
                         TUMAKURU DISTRICT
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                                       NC: 2023:KHC:36039
                                     MFA No. 5879 of 2023




     REP BY THEIR GPA HOLDER
     SRI H A ASHWATHNARAYANA
     AGED ABOUT 45 YEARS
     R/A HABBATHANAHALLI VILLAGE
     KASABA HOBLI, TUMAKUR TALUK
     TUMAKUR DISTRICT.

4.   THE ARBITRATOR AND DEPUTY COMMISSIONER
     TUMKUR DISTRICT
     TUMKURU.

5.   THE SPECIAL LAND ACQUISITION OFFICER
     NATIONAL HIGHWAY AUTHORITY
     NO.206, BETTASHRI COMPLEX
     RENUKA SUPER BAZAR UPSTAIRS
     IST FLOOR, 60 FEET ROAD
     SAPTHAGURU LAYOUT
     TUMAKURU-2.
                                     ...RESPONDENTS
     THIS MFA FILED UNDER SECTION 37(1)(c) OF THE
ARBITRATION AND CONCILIATION ACT, 1996, AGAINST
THE JUDGMENT AND DECREE DT.16.02.2023 PASSED IN
COM.A.P.NO.03/2022 ON THE FILE OF THE I ADDITIONAL
DISTRICT    AND     SESSIONS       JUDGE,    TUMAKURU,
ALLOWING    THE   PETITION   FILED   U/S.34(2)   OF   THE
ARBITRATION AND CONCILIATION ACT, 1996 R/W 8 OF
RIGHT FOR FAIR COMPENSATION AND TRANSPARENCY IN
LAND       ACQUISITION          REHABILITATION        AND
RESETTLEMENT ACT, 2013.

     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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                                             NC: 2023:KHC:36039
                                           MFA No. 5879 of 2023




                         JUDGMENT

The appeal is posted before the Court regarding

maintainability of appeal.

In similar circumstances, this Court in MFA

No.8412/2022 disposed of on 14.12.2022 has

dismissed the appeal with liberty to the appellant to

file commercial appeal.

Therefore, the appellant is permitted to convert

this appeal to commercial appeal.

For statistical purpose, the appeal is disposed of.

After conversion, registry is directed to post the

matter before the appropriate Bench having roster.

Sd/-

JUDGE

DM