Karnataka High Court
The National Highways Authority Of ... vs Smt Rajeshwari W/O Channaabasappa Alur on 8 August, 2023
Author: S.R. Krishna Kumar
Bench: S.R. Krishna Kumar
-1-
NC: 2023:KHC-D:8666-DB
MFA No. 100886 of 2021 c/w
100890, 101031, 101033, 101034
101036, 101490, 101491, 101492
101499, 101500, 101530, 101531
101532, 101533, 101543, 101554
101555, 101556, 101557 & 101558/2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 08TH DAY OF AUGUST, 2023
PRESENT
THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
MISCELLANEOUS FIRST APPEAL NO. 100886 OF 2021 (AA)
C/W
MFA NO.100890/2021, MFA NO.101031/2021
MFA NO.101033/2021, MFA NO.101034/2021
MFA NO.101036/2021, MFA NO.101490/2021
MFA NO.101491/2021, MFA NO.101492/2021
MFA NO.101499/2021, MFA NO.101500/2021
MFA NO.101530/2021, MFA NO.101531/2021
MFA NO.101532/2021, MFA NO.101533/2021
MFA NO.101543/2021, MFA NO.101554/2021
MFA NO.101555/2021, MFA NO.101556/2021
MFA NO.101557/2021, MFA NO.101558/2021
IN MFA NO. 100886/2021
BETWEEN:
SAMREEN 1. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA,
AYUB THROUGH ITS PROJECT DIRECTOR,
DESHNUR
SHRIKANT POTDAR, PIU, DHARWAD,
Digitally signed
HAVING ITS OFFICE AT PIU,
by SAMREEN
AYUB
2ND CROSS, SATTUR COLONY,
DESHNUR
Date: 2023.10.20
VIDYAGIRI, DHARWAD.
13:28:24 +0530
2. SPECIAL LAND ACQUISITION OFFICE AND
COMPETENT AUTHORITY, NHAI,
NH63, DHARA MAHAL, UBL 5TH CROSS,
BASAWESHWAR TEMPLE, DHARWAD.
...APPELLANTS
(BY SRI.SAGAR LADDA AND SRI.B.P.MATHAPATI, ADVOCATES)
AND:
-2-
NC: 2023:KHC-D:8666-DB
MFA No. 100886 of 2021 c/w
100890, 101031, 101033, 101034
101036, 101490, 101491, 101492
101499, 101500, 101530, 101531
101532, 101533, 101543, 101554
101555, 101556, 101557 & 101558/2021
1. SMT. RAJESHWARI W/O. CHANNABASAPPA ALUR,
AGE: 61 YEARS, OCC: AGRICULTURE,
R/O: NO.13, GM PALYA,
AVK COLONY ROAD, P.J. EXTENSION,
DAVANAGERE-577002.
2. MADHUKESH S/O. CHANNABASAPPA ALUR,
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O: NO.13, GM PALYA,
AVK COLONY ROAD,
P.J.EXTENSION DAVANAGERE-577002.
3. THE DEPUTY COMMISSIONER AND ARBITRATOR,
GADAG-52103.
...RESPONDENTS
(BY SRI.S.M.KALWAD, ADVOCATE FOR C/R1 AND R2;
SMT.GIRIJA HIREMATH, HCGP FOR R3)
THIS MFA IS FILED U/S.37(1) OF ARBITRATION AND
CONCILIATION ACT, 1996, AGAINST THE JUDGMENT DATED
29.06.2021 PASSED IN ARBITRATION PETITION NO.16/2021
ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS
JUDGE, GADAG, DISMISSING THE PETITION FILED UNDER
SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT,
1996, READ WITH SECTION 3G(6) OF THE NATIONAL
HIGHWAYS ACT, 1956.
IN MFA NO. 100890/2021
BETWEEN:
1. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA,
THROUGH ITS PROJECT DIRECTOR,
SHRIKANT POTDAR, PIU, DHARWAD,
HAVING ITS OFFICE AT PIU,
2ND CROSS, SATTUR COLONY,
VIDYAGIRI, DHARWAD.
2. SPECIAL LAND ACQUISITION OFFICE AND
COMPETENT AUTHORITY, NHAI,
NH63, DHARA MAHAL, UBL 5TH CROSS,
BASAWESHWAR TEMPLE, DHARWAD.
-3-
NC: 2023:KHC-D:8666-DB
MFA No. 100886 of 2021 c/w
100890, 101031, 101033, 101034
101036, 101490, 101491, 101492
101499, 101500, 101530, 101531
101532, 101533, 101543, 101554
101555, 101556, 101557 & 101558/2021
...APPELLANTS
(BY SRI.SAGAR LADDA AND SRI.B.P.MATHAPATI, ADVOCATES)
AND:
1. SMT. RAJESHWARI W/O. CHANNABASAPPA ALUR,
AGE: 61 YEARS, OCC: AGRICULTURE,
R/O: NO.13, GM PALYA,
AVK COLONY ROAD, P.J. EXTENSION,
DAVANAGERE-577002.
2. MADHUKESH S/O. CHANNABASAPPA ALUR,
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O: NO.13, GM PALYA,
AVK COLONY ROAD,
P.J.EXTENSION DAVANAGERE-577002.
3. THE DEPUTY COMMISSIONER AND ARBITRATOR,
GADAG-52103.
...RESPONDENTS
(BY SRI.S.M.KALWAD, ADVOCATE FOR C/R1 AND R2;
SMT.GIRIJA HIREMATH, HCGP FOR R3)
THIS MFA IS FILED U/S.37(1) OF ARBITRATION AND
CONCILIATION ACT, 1996, AGAINST THE JUDGMENT DATED
29.06.2021, PASSED IN ARBITRATION SUIT NO.17/2021 ON
THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS
JUDGE, GADAG, DISMISSING THE PETITION FILED UNDER
SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT,
1996, READ WITH 3G(6) OF THE NATIONAL HIGHWAYS ACT,
1956.
IN MFA NO. 101031 /2021
BETWEEN:
1. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA,
THROUGH ITS PROJECT DIRECTOR,
SHRIKANT POTDAR, PIU, DHARWAD,
HAVING ITS OFFICE AT PIU,
2ND CROSS, SATTUR COLONY,
-4-
NC: 2023:KHC-D:8666-DB
MFA No. 100886 of 2021 c/w
100890, 101031, 101033, 101034
101036, 101490, 101491, 101492
101499, 101500, 101530, 101531
101532, 101533, 101543, 101554
101555, 101556, 101557 & 101558/2021
VIDYAGIRI, DHARWAD-580004.
2. SPECIAL LAND ACQUISITION OFFICE AND
COMPETENT AUTHORITY, NHAI,
NH63, DHARA MAHAL, UBL 5TH CROSS,
BASAWESHWAR TEMPLE, DHARWAD-580001.
...APPELLANTS
(BY SRI.SAGAR LADDA AND SRI.B.P.MATHAPATI, ADVOCATES)
AND:
1. SRI. NARAYAN S/O. BANDUNATH KULKARNI,
AGE: 43 YEARS, OCC: AGRICULTURE,
R/O: NEAR VARASIDDIVINAYAK TEMPLE,
J.T.COLLEGE ROAD, MASARI, GADAG-582101.
2. THE DEPUTY COMMISSIONER AND ARBITRATOR,
GADAG-582103.
...RESPONDENTS
(BY SRI.S.M.KALWAD, ADVOCATE FOR C/R1;
SMT.GIRIJA HIREMATH, HCGP FOR R2)
THIS MFA IS FILED U/S.37(1) OF ARBITRATION
AND CONCILIATION ACT, 1996, AGAINST THE JUDGMENT
DATED 29.06.2021 PASSED IN ARBITRATION NO.4/2021 ON
THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS
JUDGE, GADAG, DISMISSING THE APPLICATION FILED UNDER
SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT,
1996 READ WITH 3G(6) OF THE NATIONAL HIGHWAYS ACT,
1956.
IN MFA NO. 101033/2021
BETWEEN:
1. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA,
THROUGH ITS PROJECT DIRECTOR,
SHRIKANT POTDAR, PIU, DHARWAD,
HAVING ITS OFFICE AT PIU, 2ND CROSS,
SATTUR COLONY, VIDYAGIRI, DHARWAD-580004.
-5-
NC: 2023:KHC-D:8666-DB
MFA No. 100886 of 2021 c/w
100890, 101031, 101033, 101034
101036, 101490, 101491, 101492
101499, 101500, 101530, 101531
101532, 101533, 101543, 101554
101555, 101556, 101557 & 101558/2021
2. SPECIAL LAND ACQUISITION OFFICE AND
COMPETENT AUTHORITY, NHAI,
NH63, DHARA MAHAL, UBL 5TH CROSS,
BASAWESHWAR TEMPLE, DHARWAD-580001.
...APPELLANTS
(BY SRI.SAGAR LADDA AND SRI.B.P.MATHAPATI, ADVOCATES)
AND:
1. SMT. SAVITA W/O. SHIVAYOGI TEGGINMATH,
AGE: 33 YEARS, OCC: AGRICULTURE,
R/O: BADIGENNANAVAR ONI,
BASAVESHWARNAGAR,
SHAHAPUR PET, GADAG-582101.
2. THE DEPUTY COMMISSIONER AND ARBITRATOR,
GADAG-582103.
...RESPONDENTS
(BY SRI.S.M.KALWAD, ADVOCATE FOR C/R1;
SMT.GIRIJA HIREMATH, HCGP FOR R2)
THIS MFA IS FILED U/S.37(1) OF ARBITRATION AND
CONCILIATION ACT, 1996, AGAINST THE JUDGMENT DATED
29.06.2021 PASSED IN ARBITRATION NO.2/2021 ON THE FILE
OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE,
GADAG, DISMISSING THE APPLICATION FILED UNDER
SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT,
1996 READ WITH 3G(6) OF THE NATIONAL HIGHWAYS ACT,
1956.
IN MFA NO. 101034/2021
BETWEEN:
1. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA,
THROUGH ITS PROJECT DIRECTOR,
SHRIKANT POTDAR, PIU, DHARWAD,
HAVING ITS OFFICE AT PIU,
2ND CROSS, SATTUR COLONY,
VIDYAGIRI, DHARWAD-580004.
2. SPECIAL LAND ACQUISITION OFFICE AND
-6-
NC: 2023:KHC-D:8666-DB
MFA No. 100886 of 2021 c/w
100890, 101031, 101033, 101034
101036, 101490, 101491, 101492
101499, 101500, 101530, 101531
101532, 101533, 101543, 101554
101555, 101556, 101557 & 101558/2021
COMPETENT AUTHORITY, NHAI,
NH63, DHARA MAHAL, UBL 5TH CROSS,
BASAWESHWAR TEMPLE, DHARWAD-580001.
...APPELLANTS
(BY SRI.SAGAR LADDA AND SRI.B.P.MATHAPATI, ADVOCATES)
AND:
1. SRI. SHARIFSAB S/O. NABISAB NADAF,
AGE: 69 YEARS, OCC: AGRICULTURE
AND SERVICE, R/O: POLICE QUARTERS,
GHATAPRABHA HOUSE, HC QUTRS,
HEALTH CAMP, BETAGERI-GADAG-582102.
2. THE DEPUTY COMMISSIONER AND ARBITRATOR,
GADAG-582103.
...RESPONDENTS
(BY SRI.S.M.KALWAD, ADVOCATE FOR C/R1;
SMT.GIRIJA HIREMATH, HCGP FOR R2)
THIS MFA IS FILED U/S.37(1) OF ARBITRATION AND
CONCILIATION ACT, 1996, AGAINST THE JUDGMENT DATED
29.06.2021 PASSED IN ARBITRATION NO.12/2021 ON THE
FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE,
GADAG, DISMISSING THE APPLICATION FILED UNDER
SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT,
1996 READ WITH 3G(6) OF THE NATIONAL HIGHWAYS ACT,
1956.
IN MFA NO. 101036/2021
BETWEEN:
1. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA,
THROUGH ITS PROJECT DIRECTOR,
SHRIKANT POTDAR, PIU, DHARWAD,
HAVING ITS OFFICE AT PIU, 2ND CROSS,
SATTUR COLONY, VIDYAGIRI, DHARWAD-580004.
2. SPECIAL LAND ACQUISITION OFFICE AND
COMPETENT AUTHORITY, NHAI,
-7-
NC: 2023:KHC-D:8666-DB
MFA No. 100886 of 2021 c/w
100890, 101031, 101033, 101034
101036, 101490, 101491, 101492
101499, 101500, 101530, 101531
101532, 101533, 101543, 101554
101555, 101556, 101557 & 101558/2021
NH63, DHARA MAHAL, UBL 5TH CROSS,
BASAWESHWAR TEMPLE, DHARWAD-580001.
...APPELLANTS
(BY SRI.SAGAR LADDA AND SRI.B.P.MATHAPATI, ADVOCATE)
AND:
1. SMT. SAVITA SHIVAYOGI TEGGINMATH,
AGE: 33 YEARS, OCC: AGRICULTURE,
R/O: BADIGENNAVAR ONI,
BASAVESHWARNAGAR, SHAHAPUR PETH,
TQ AND DIST: GADAG -582101.
2. THE DEPUTY COMMISSIONER AND ARBITRATOR,
GADAG-582103.
...RESPONDENTS
(BY SRI.S.M.KALWAD, ADVOCATE FOR C/R1;
SMT.GIRIJA HIREMATH, HCGP FOR R2)
THIS MFA IS FILED U/S.37(1) OF ARBITRATION AND
CONCILIATION ACT, 1996, AGAINST THE JUDGMENT DATED
29.06.2021 PASSED IN ARBITRATION NO.20/2021 ON THE
FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE,
GADAG, DISMISSING THE APPLICATION FILED UNDER
SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT,
1996 READ WITH 3G(6) OF THE NATIONAL HIGHWAYS ACT,
1956.
IN MFA NO. 101490/2021
BETWEEN:
1. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA,
THROUGH IT'S THE DEPUTY GENERAL MANAGER
(TECH) AND PROJECT DIRECTOR,
SHRIKANT POTDAR, PIU DHARWAD,
HAVING ITS OFFICE AT PIU, 2ND CROSS, SATTUR
COLONY, VIDYAGIRI, DHARWAD-580004.
2. SPECIAL LAND ACQUISITON OFFICE
AND COMPETENT AUTHORITY,
NHAI, NH63, DHARA MAHAL, UBL 5TH CROSS,
-8-
NC: 2023:KHC-D:8666-DB
MFA No. 100886 of 2021 c/w
100890, 101031, 101033, 101034
101036, 101490, 101491, 101492
101499, 101500, 101530, 101531
101532, 101533, 101543, 101554
101555, 101556, 101557 & 101558/2021
BASAWESHWAR TEMPLE, DHARWAD-580001.
...APPELLANTS
(BY SRI.SAGAR LADDA AND SRI.B.P.MATHAPATI, ADVOCATES)
AND:
1. SRI. ISHWARAPPA S/O.CHANDRASHEKHARAPPA
MUNAVALLI, AGE: 53 YEARS,
OCC: AGRICULTURE AND BUSINESS,
R/O: 1ST CROSS, VEERESHEARANAGAR,
MULAGUND ROAD, GADAG-582117.
2. THE DEPUTY COMMISSIONER AND ARBITRATOR,
GADAG-582117.
...RESPONDENTS
(BY SRI.S.M.KALWAD, ADVOCATE FOR C/R1;
SMT.GIRIJA HIREMATH, HCGP FOR R2)
THIS MFA IS FILED U/S.37(1) OF ARBITRATION AND
CONCILIATION ACT, 1996, AGAINST THE JUDGMENT DATED
29.06.2021 PASSED IN ARBITRATION PETITION NO.7/2021 ON
THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS
JUDGE, GADAG, DISMISSING THE PETITION FILED UNDER
SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT,
1996, READ WITH SECTION 3G(6) OF THE NATIONAL
HIGHWAYS ACT, 1956.
IN MFA NO. 101491/2021
BETWEEN:
1. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA,
THROUGH IT'S THE DEPUTY GENERAL MANAGER
(TECH) AND PROJECT DIRECTOR,
SHRIKANT POTDAR, PIU DHARWAD,
HAVING ITS OFFICE AT PIU, 2ND CROSS, SATTUR
COLONY, VIDYAGIRI, DHARWAD-580004.
2. SPECIAL LAND ACQUISITON OFFICE
AND COMPETENT AUTHORITY,
NHAI, NH63, DHARA MAHAL,
-9-
NC: 2023:KHC-D:8666-DB
MFA No. 100886 of 2021 c/w
100890, 101031, 101033, 101034
101036, 101490, 101491, 101492
101499, 101500, 101530, 101531
101532, 101533, 101543, 101554
101555, 101556, 101557 & 101558/2021
UBL 5TH CROSS, BASAWESHWAR TEMPLE,
DHARWAD-580001.
...APPELLANTS
(BY SRI.SAGAR LADDA AND SRI.B.P.MATHAPATI, ADVOCATES)
AND:
1. SMT. ANITA W/O. ARUN VARNEKAR,
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O: VEERESHWAR NAGAR,
MULAGUND ROAD, GADAG-582117.
2. ARUN S/O. TUKARAM VARNEKAR,
AGE: 52 YEARS, OCC: AGRICULTURE AND
BUSINESS, R/O: PLOT NO. 31, 1ST CROSS,
R/O: VEERESHWAR NAGAR,
MULAGUND ROAD, GADAG-582117.
3. THE DEPUTY COMMISSIONER AND ARBITRATOR,
GADAG-582117.
...RESPONDENTS
(BY SRI.S.M.KALWAD, ADVOCATE FOR C/R1 AND R2;
SMT.GIRIJA HIREMATH, HCGP FOR R3)
THIS MFA IS FILED U/S.37(1) OF ARBITRATION AND
CONCILIATION ACT, 1996, AGAINST THE JUDGMENT DATED
29.06.2021 PASSED IN ARBITRATION PETITION NO.10/2021
ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS
JUDGE, GADAG, DISMISSING THE PETITION FILED UNDER
SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT,
1996, READ WITH SECTION 3G(6) OF THE NATIONAL
HIGHWAYS ACT, 1956.
IN MFA NO. 101492/2021
BETWEEN:
1. THE NATIONAL HIGWAYS AUTHORITY OF INDIA,
THROUGH ITS THE DEPUTY GENERAL MANAGER
(TECH) AND PROJECT DIRECTOR, SHRIKANT
- 10 -
NC: 2023:KHC-D:8666-DB
MFA No. 100886 of 2021 c/w
100890, 101031, 101033, 101034
101036, 101490, 101491, 101492
101499, 101500, 101530, 101531
101532, 101533, 101543, 101554
101555, 101556, 101557 & 101558/2021
POTDAR,
PIU, DHARWAD, HAVING ITS OFFICE AT PIU,
2ND CROSS, SATTUR COLONY, VIDYAGIRI,
DHARWAD-580004.
2. SPECIAL LAND ACQUISITION OFFICE AND
COMPETENT AUTHORITY, NHAI, NH63,
DHARA MAHAL, UBL 5TH CROSS,
BASAWESHWAR TEMPLE, DHARWAD-580001.
...APPELLANTS
(BY SRI. SAGAR LADDA AND SRI.B.P.MATHAPATI, ADVOCATES)
AND:
1. CHANNABASAYYA
S/O. SIDDARAMAYYA SAUNSHIMATH,
AGE: MAJOR, OCC: BUSINESS AND AGRICULTURE,
R/O: GADAG TEA DEPOT, GRAIN MARKET,
GADAG-582101.
2. THE DEPUTY COMMISSIONER AND ARBITRATOR,
GADAG-582117.
...RESPONDENTS
(BY SRI.S.M.KALWAD, ADVOCATE FOR C/R1;
SMT. GIRIJA HIREMATH, HCGP FOR R2)
THIS MFA IS FILED U/S.37(1) OF ARBITRATION AND
CONCILIATION ACT, 1996, AGAINST THE JUDGMENT DATED
29.06.2021 PASSED IN ARBITRATION PETITION NO.1/2021 ON
THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS
JUDGE, GADAG, DISMISSING THE PETITION FILED UNDER
SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT,
1996, READ WITH SECTION 3G(6) OF THE NATIONAL
HIGHWAYS ACT, 1956.
IN MFA NO. 101499/2021
BETWEEN:
1. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA,
THROUGH IT'S THE DEPUTY GENERAL MANAGER
(TECH) AND PROJECT DIRECTOR,
- 11 -
NC: 2023:KHC-D:8666-DB
MFA No. 100886 of 2021 c/w
100890, 101031, 101033, 101034
101036, 101490, 101491, 101492
101499, 101500, 101530, 101531
101532, 101533, 101543, 101554
101555, 101556, 101557 & 101558/2021
SHRIKANT POTDAR, PIU DHARWAD,
HAVING ITS OFFICE AT PIU, 2ND CROSS, SATTUR
COLONY, VIDYAGIRI, DHARWAD-580001.
2. SPECIAL LAND ACQUISITON OFFICE
AND COMPETENT AUTHORITY,
NHAI, NH63, DHARA MAHAL,
UBL 5TH CROSS, BASAWESHWAR TEMPLE,
DHARWAD-582101.
...APPELLANTS
(BY SRI. SAGAR LADDA AND SRI.B.P.MATHAPATI, ADVOCATES)
AND:
1. SRI. ISHWARAPPA S/O. KALLAPPA PATTANASHETTY,
AGE: 50 YEARS, OCC: AGRICULTURE AND SERVICE,
R/O: ISWAR NILAYA, MIG I/55,
SIDDALINGANAGAR, GADAG-582101.
2. THE DEPUTY COMMISSIONER ANDA ARBITRATOR,
GADAG-582117.
...RESPONDENTS
(BY SRI.S.M.KALWAD, ADVOCATE FOR C/R1;
SMT. GIRIJA HIREMATH, HCGP FOR R2)
THIS MFA IS FILED U/S.37(1) OF ARBITRATION AND
CONCILIATION ACT, 1996, AGAINST THE JUDGMENT DATED
29.06.2021 PASSED IN ARBITRATION PETITION NO.14/2021
ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS
JUDGE, GADAG, DISMISSING THE PETITION FILED UNDER
SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT,
1996, READ WITH SECTION 3G(6) OF THE NATIONAL
HIGHWAYS ACT, 1956.
IN MFA NO. 101500/2021
BETWEEN:
1. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA,
THROUGH IT'S THE DEPUTY GENERAL MANAGER
(TECH) AND PROJECT DIRECTOR,
- 12 -
NC: 2023:KHC-D:8666-DB
MFA No. 100886 of 2021 c/w
100890, 101031, 101033, 101034
101036, 101490, 101491, 101492
101499, 101500, 101530, 101531
101532, 101533, 101543, 101554
101555, 101556, 101557 & 101558/2021
SHRIKANT POTDAR, PIU DHARWAD,
HAVING ITS OFFICE AT PIU, 2ND CROSS, SATTUR
COLONY, VIDYAGIRI, DHARWAD-580004.
2. SPECIAL LAND ACQUISITON OFFICE
AND COMPETENT AUTHORITY,
NHAI, NH63, DHARA MAHAL,
UBL 5TH CROSS, BASAWESHWAR TEMPLE,
DHARWAD-580001.
...APPELLANTS
(BY SRI.SAGAR LADDA AND SRI.B.P.MATHAPATI, ADVOCATES)
AND:
1. SMT. BHAVARIBAI W/O. CHAGANLALJI BAFNA,
AGE: 79 YEARS, OCC: AGRICULTURE,
R/O. NO.13, MAHAVEER COLONY,
GADAG-582101.
2. SHRI. MANOJ S/O. CHANGALALJI BAFNA,
AGE: 46 YERS, OCC: AGRICULTURE AND BUSINESS,
R/O. NO.13, MAHAVEER COLONY,
GADAG-582101.
3. THE DEPUTY COMMISSIONER AND ARBITRATOR,
GADAG-582117.
...RESPONDENTS
(BY SRI.S.M.KALWAD, ADVOCATE FOR R1 AND R2;
SMT.GIRIJA HIREMATH, HCGP FOR R3)
THIS MFA IS FILED U/S.37(1) OF ARBITRATION AND
CONCILIATION ACT, 1996, AGAINST THE JUDGMENT DATED
29.06.2021 PASSED IN ARBITRATION PETITION NO.11/2021
ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS
JUDGE, GADAG, DISMISSING THE PETITION FILED UNDER
SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT,
1996, READ WITH SECTION 3G(6) OF THE NATIONAL
HIGHWAYS ACT, 1956.
- 13 -
NC: 2023:KHC-D:8666-DB
MFA No. 100886 of 2021 c/w
100890, 101031, 101033, 101034
101036, 101490, 101491, 101492
101499, 101500, 101530, 101531
101532, 101533, 101543, 101554
101555, 101556, 101557 & 101558/2021
IN MFA NO. 101530/2021
BETWEEN:
1. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA,
THROUGH IT'S THE DEPUTY GENERAL MANAGER
(TECH) AND PROJECT DIRECTOR,
SHRIKANT POTDAR, PIU DHARWAD,
HAVING ITS OFFICE AT PIU, 2ND CROSS, SATTUR
COLONY, VIDYAGIRI, DHARWAD-580004.
2. SPECIAL LAND ACQUISITON OFFICE
AND COMPETENT AUTHORITY,
NHAI, NH63, DHARA MAHAL,
UBL 5TH CROSS, BASAWESHWAR TEMPLE,
DHARWAD-580001.
...APPELLANTS
(BY SRI.SAGAR LADDA AND SRI.B.P.MATHAPATI, ADVOCATES)
AND:
1. SRI. RAMACHANDRA,
S/O. SOMAPPA LAMANI URF PUJAR,
AGE: 44 YEARS, OCC: BUSINES,
R/O: 2, SAMRUDDI RS NO.157/E,
ADARSH NAGAR, NEAR DEVARAJ ARASU HOTEL,
GADAG-582101.
2. THE DEPUTY COMMISSIONER AND ARBITRATOR,
GADAG-582117.
...RESPONDENTS
(BY SRI.S.M.KALWAD, ADVOCATE FOR R1;
SMT.GIRIJA HIREMATH, HCGP FOR R2)
THIS MFA IS FILED U/S.37(1) OF ARBITRATION AND
CONCILIATION ACT, 1996, AGAINST THE JUDGMENT DATED
29.06.2021 PASSED IN ARBITRATION PETITION NO.8/2021 ON
THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS
JUDGE, GADAG, DISMISSING THE PETITION FILED UNDER
SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT,
- 14 -
NC: 2023:KHC-D:8666-DB
MFA No. 100886 of 2021 c/w
100890, 101031, 101033, 101034
101036, 101490, 101491, 101492
101499, 101500, 101530, 101531
101532, 101533, 101543, 101554
101555, 101556, 101557 & 101558/2021
1996, READ WITH SECTION 3G(6) OF THE NATIONAL
HIGHWAYS ACT, 1956.
IN MFA NO. 101531/2021
BETWEEN:
1. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA,
THROUGH IT'S THE DEPUTY GENERAL MANAGER
(TECH) AND PROJECT DIRECTOR,
SHRIKANT POTDAR, PIU DHARWAD,
HAVING ITS OFFICE AT PIU, 2ND CROSS, SATTUR
COLONY, VIDYAGIRI, DHARWAD-580004.
2. SPECIAL LAND ACQUISITON OFFICE
AND COMPETENT AUTHORITY,
NHAI, NH63, DHARA MAHAL,
UBL 5TH CROSS, BASAWESHWAR TEMPLE,
DHARWAD-580001.
...APPELLANTS
(BY SRI.SAGAR LADDA AND SRI.B.P.MATHAPATI, ADVOCATES)
AND:
1. SRI. SHARANAPPA S/O. VEERAPPA PALLED,
AGE: 42 YEARS, OCC: AGRICULTURE,
R/O: H.NO. 7, POLICE QUARTERS,
GHATAPRABHA BOCK, HEALTH CAMP,
BETAGERI-GADAG-582117.
2. THE DEPUTY COMMISSIONER ANDA ARBITRATOR,
GADAG-582117.
...RESPONDENTS
(BY SRI.S.M.KALWAD, ADVOCATE FOR R1;
SMT.GIRIJA HIREMATH, HCGP FOR R2)
THIS MFA IS FILED U/S.37(1) OF ARBITRATION AND
CONCILIATION ACT, 1996, AGAINST THE JUDGMENT DATED
29.06.2021 PASSED IN ARBITRATION PETITION NO.5/2021 ON
THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS
JUDGE, GADAG, DISMISSING THE PETITION FILED UNDER
SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT,
- 15 -
NC: 2023:KHC-D:8666-DB
MFA No. 100886 of 2021 c/w
100890, 101031, 101033, 101034
101036, 101490, 101491, 101492
101499, 101500, 101530, 101531
101532, 101533, 101543, 101554
101555, 101556, 101557 & 101558/2021
1996, READ WITH SECTION 3G(6) OF THE NATIONAL
HIGHWAYS ACT, 1956.
IN MFA NO. 101532/2021
BETWEEN:
1. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA,
THROUGH IT'S THE DEPUTY GENERAL MANAGER
(TECH) AND PROJECT DIRECTOR,
SHRIKANT POTDAR, PIU DHARWAD,
HAVING ITS OFFICE AT PIU, 2ND CROSS, SATTUR
COLONY, VIDYAGIRI, DHARWAD-580004.
2. SPECIAL LAND ACQUISITON OFFICE
AND COMPETENT AUTHORITY,
NHAI, NH63, DHARA MAHAL,
UBL 5TH CROSS, BASAWESHWAR TEMPLE,
DHARWAD-580001.
...APPELLANTS
(BY SRI SAGAR LADDA AND SRI.B.P.MATHAPATI, ADVOCATES)
AND:
1. SRI. TIPPANGOUDA S/O. CHANNABASANGOUD
PATIL,
AGE: 43 YEARS, OCC: AGRICULTURE AND
SERVICE, R/O: POLICE QUARTERS,
GHATAPRABHA HOUSE, HC QUTRS,
HEALTH CAMP, BETAGERI-GADAG-582117.
2. THE DEPUTY COMMISSIONER AND ARBITRATOR,
GADAG-582117.
...RESPONDENTS
(BY SRI.S.M.KALWAD, ADVOCATE FOR C/R1;
SMT.GIRIJA HIREMATH, HCGP FOR R2)
THIS MFA IS FILED U/S.37(1) OF ARBITRATION AND
CONCILIATION ACT, 1996, AGAINST THE JUDGMENT DATED
29.06.2021 PASSED IN ARBITRATION PETITION NO.13/2021
- 16 -
NC: 2023:KHC-D:8666-DB
MFA No. 100886 of 2021 c/w
100890, 101031, 101033, 101034
101036, 101490, 101491, 101492
101499, 101500, 101530, 101531
101532, 101533, 101543, 101554
101555, 101556, 101557 & 101558/2021
ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS
JUDGE, GADAG, DISMISSING THE PETITION FILED UNDER
SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT,
1996, READ WITH SECTION 3G(6) OF THE NATIONAL
HIGHWAYS ACT, 1956
IN MFA NO. 101533/2021
BETWEEN:
1. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA,
THROUGH IT'S THE DEPUTY GENERAL MANAGER
(TECH) AND PROJECT DIRECTOR,
SHRIKANT POTDAR, PIU DHARWAD,
HAVING ITS OFFICE AT PIU, 2ND CROSS, SATTUR
COLONY, VIDYAGIRI, DHARWAD-580004.
2. SPECIAL LAND ACQUISITON OFFICE
AND COMPETENT AUTHORITY,
NHAI, NH63, DHARA MAHAL,
UBL 5TH CROSS, BASAWESHWAR TEMPLE,
DHARWAD-580001.
...APPELLANTS
(BY SRI.SAGAR LADDA AND SRI.B.P.MATHAPATI, ADVOCATES)
AND:
1. MIYAJAN S/O. MAKTUMSAB ABBIGERI,
AGE: 62 YEARS, OCC: AGRICULTURE,
R/O: JAVALI BAZAR, GADAG-582101.
2. MOHAMMAD GOUS S/O. MAKTUMSAB ABBIGER,
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O: JAVALI BAZAR, GADAG-582101.
3. NOORAHMAD S/O. MAKTUMSAB ABBIGERI,
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O: JAVALI BAZAR,
GADAG-582101.
- 17 -
NC: 2023:KHC-D:8666-DB
MFA No. 100886 of 2021 c/w
100890, 101031, 101033, 101034
101036, 101490, 101491, 101492
101499, 101500, 101530, 101531
101532, 101533, 101543, 101554
101555, 101556, 101557 & 101558/2021
4. THE DEPUTY COMMISSSIONER AND ARBITRATOR,
GADAG-582117.
...RESPONDENTS
(BY SRI.S.M.KALWAD, ADVOCATE FOR R1;
SMT.GIRIJA HIREMATH, HCGP FOR R4)
THIS MFA IS FILED U/S.37(1) OF ARBITRATION AND
CONCILIATION ACT, 1996, AGAINST THE JUDGMENT DATED
29.06.2021 PASSED IN ARBITRATION PETITION NO.3/2021 ON
THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS
JUDGE, GADAG, DISMISSING THE PETITION FILED UNDER
SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT,
1996, READ WITH SECTION 3G(6) OF THE NATIONAL
HIGHWAYS ACT, 1956.
IN MFA NO. 101543/2021
BETWEEN:
1. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA,
THROUGH IT'S THE DEPUTY GENERAL MANAGER
(TECH) AND PROJECT DIRECTOR,
SHRIKANT POTDAR, PIU DHARWAD,
HAVING ITS OFFICE AT PIU, 2ND CROSS,
SATTUR COLONY, VIDYAGIRI,
DHARWAD-580004.
2. SPECIAL LAND ACQUISITON OFFICE
AND COMPETENT AUTHORITY,
NHAI, NH63, DHARA MAHAL,
UBL 5TH CROSS, BASAWESHWAR TEMPLE,
DHARWAD-580001.
...APPELLANTS
(BY SRI.SAGAR LADDA AND SRI.B.P.MATHAPATI, ADVOCATES)
AND:
1. SRI. BHAGYASHRI
W/O. TOTAPPA KURADAGI,
AGE: 40 YEARS,
OCC: AGRICULTURE,
- 18 -
NC: 2023:KHC-D:8666-DB
MFA No. 100886 of 2021 c/w
100890, 101031, 101033, 101034
101036, 101490, 101491, 101492
101499, 101500, 101530, 101531
101532, 101533, 101543, 101554
101555, 101556, 101557 & 101558/2021
R/O: SAMBAPUR ROAD,
GADAG-582117.
2. THE DEPUTY COMMISSIONER AND ARBITRATOR,
GADAG-582117.
...RESPONDENTS
(BY SRI.S.M.KALWAD, ADVOCATE FOR R1;
SMT.GIRIJA HIREMATH, HCGP FOR R2)
THIS MFA IS FILED U/S.37(1) OF ARBITRATION AND
CONCILIATION ACT, 1996, AGAINST THE JUDGMENT DATED
29.06.2021 PASSED IN ARBITRATION PETITION NO.9/2021 ON
THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS
JUDGE, GADAG, DISMISSING THE PETITION FILED UNDER
SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT,
1996, READ WITH SECTION 3G(6) OF THE NATIONAL
HIGHWAYS ACT, 1956.
IN MFA NO. 101554/2021
BETWEEN:
1. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA,
THROUGH ITS PROJECT DIRECTOR,
SHRIKANT POTDAR, PIU, DHARWAD,
HAVING ITS OFFICE AT PIU,
2ND CROSS, SATTUR COLONY,
VIDYAGIRI, DHARWAD-580004.
2. SPECIAL LAND ACQUISITION OFFICE AND
COMPETENT AUTHORITY, NHAI,
NH63, DHARA MAHAL, UBL 5TH CROSS,
BASAWESHWAR TEMPLE, DHARWAD-580001.
...APPELLENTS
(BY SRI.SAGAR LADDA AND SRI.B.P.MATHAPATI, ADVOCATES)
AND:
1. SHASHIKALA W/O. KUMARASWAMI
HADAGALILMATH,
AGE: 53 YEARS, OCC: AGRICULTURE,
R/O: BADIGENNAVAR ONI,
- 19 -
NC: 2023:KHC-D:8666-DB
MFA No. 100886 of 2021 c/w
100890, 101031, 101033, 101034
101036, 101490, 101491, 101492
101499, 101500, 101530, 101531
101532, 101533, 101543, 101554
101555, 101556, 101557 & 101558/2021
BASAVESHWAR NAGAR,
SHAHAPUR PETH,
TQ AND DIST: GADAG-582101.
2. SMT. SAVITA W/O. SHIVAYOGI TEGGINAMATH,
R/O: BADIGENNAVAR ONI,
BASAVESHWAR NAGAR,
SHAHAPUR PETH,
TQ AND DIST: GADAG-582101.
3. THE DPEUTY COMMISSIONER AND ARBITRATOR,
GADAG-582101.
...RESPONDENTS
(BY SRI.S.M.KALWAD, ADVOCATE FOR C/R1 AND R2;
SMT.GIRIJA HIREMATH, HCGP FOR R3)
THIS MFA IS FILED U/S.37(1) OF ARBITRATION AND
CONCILIATION ACT, 1996, AGAINST THE JUDGMENT DATED
29.06.2021 PASSED IN ARBITRATION NO.18/2021 ON THE
FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE,
GADAG, DISMISSING THE APPLICATION FILED UNDER
SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT,
1996 READ WITH 3G(6) OF THE NATIONAL HIGHWAYS ACT,
1956.
IN MFA NO. 101555/2021
BETWEEN:
1. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA,
THROUGH ITS PROJECT DIRECTOR,
SHRIKANT POTDAR, PIU, DHARWAD,
HAVING ITS OFFICE AT PIU,
2ND CROSS, SATTUR COLONY,
VIDYAGIRI,
DHARWAD-580004.
2. SPECIAL LAND ACQUISITION OFFICE AND
COMPETENT AUTHORITY, NHAI,
NH63, DHARA MAHAL,
UBL 5TH CROSS,
- 20 -
NC: 2023:KHC-D:8666-DB
MFA No. 100886 of 2021 c/w
100890, 101031, 101033, 101034
101036, 101490, 101491, 101492
101499, 101500, 101530, 101531
101532, 101533, 101543, 101554
101555, 101556, 101557 & 101558/2021
BASAWESHWAR TEMPLE,
DHARWAD-580001.
...APPELLANTS
(BY SRI.SAGAR LADDA AND SRI.B.P.MATHAPATI, ADVOCATES)
AND:
1. SRI. TOTAPPA KARABASAPPA KURADAGI,
AGE: 43 YEARS, OCC: AGRIUCLTURE,
R/O: SAMBAPUR ROAD, GADAG-582101.
2. THE DEPUTY COMMISSIONER AND ARBITRATOR,
GADAG-582101.
...RESPONDENTS
(BY SRI.S.M.KALWAD, ADVOCATE FOR C/R1;
SMT.GIRIJA HIREMATH, HCGP FOR R2)
THIS MFA IS FILED U/S.37(1) OF ARBITRATION AND
CONCILIATION ACT, 1996, AGAINST THE JUDGMENT DATED
29.06.2021 PASSED IN ARBITRATION NO.6/2021 ON THE FILE
OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE,
GADAG, DISMISSING THE APPLICATION FILED UNDER
SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT,
1996 READ WITH 3G(6) OF THE NATIONAL HIGHWAYS ACT,
1956.
IN MFA NO. 101556/2021
BETWEEN:
1. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA,
THROUGH ITS PROJECT DIRECTOR,
SHRIKANT POTDAR, PIU, DHARWAD,
HAVING ITS OFFICE AT PIU,
2ND CROSS, SATTUR COLONY,
VIDYAGIRI, DHARWAD-580004.
2. SPECIAL LAND ACQUISITION OFFICE AND
COMPETENT AUTHORITY, NHAI,
NH63, DHARA MAHAL,
UBL 5TH CROSS,
- 21 -
NC: 2023:KHC-D:8666-DB
MFA No. 100886 of 2021 c/w
100890, 101031, 101033, 101034
101036, 101490, 101491, 101492
101499, 101500, 101530, 101531
101532, 101533, 101543, 101554
101555, 101556, 101557 & 101558/2021
BASAWESHWAR TEMPLE,
DHARWAD-580001.
...APPELLANTS
(BY SRI.SAGAR LADDA AND SRI.B.P.MATHAPATI, ADVOCATES)
AND:
1. SRI. FAKIRASA S/O. BABASA BHANDAGE,
AGE: 41 YEARS, OCC: BUSINESS,
R/O. PLOT NO.30, KESHAVANAGAR,
PATTANSHETTY LAYOUT, GADAG-582103.
2. THE DEPUTY COMMISSIONER AND ARBITRATOR
GADAG-582101.
...RESPONDENTS
(BY SRI.S.M.KALWAD, ADVOCATE FOR C/R1;
SMT.GIRIJA HIREMATH HCGP FOR R2)
THIS MFA IS FILED U/S.37(1) OF ARBITRATION AND
CONCILIATION ACT, 1996, AGAINST THE JUDGMENT DATED
29.06.2021 PASSED IN ARBITRATION NO.22/2021 ON THE
FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE,
GADAG, DISMISSING THE APPLICATION FILED UNDER
SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT,
1996 READ WITH 3G(6) OF THE NATIONAL HIGHWAYS ACT,
1956.
IN MFA NO. 101557/2021
BETWEEN:
1. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA,
THROUGH ITS PROJECT DIRECTOR,
SHRIKANT POTDAR, PIU, DHARWAD,
HAVING ITS OFFICE AT PIU,
2ND CROSS, SATTUR COLONY,
VIDYAGIRI, DHARWAD-580004.
2. SPECIAL LAND ACQUISITION OFFICE AND
COMPETENT AUTHORITY, NHAI,
NH63, DHARA MAHAL, UBL 5TH CROSS,
- 22 -
NC: 2023:KHC-D:8666-DB
MFA No. 100886 of 2021 c/w
100890, 101031, 101033, 101034
101036, 101490, 101491, 101492
101499, 101500, 101530, 101531
101532, 101533, 101543, 101554
101555, 101556, 101557 & 101558/2021
BASAWESHWAR TEMPLE, DHARWAD-580001.
...APPELLANTS
(BY SRI.SAGAR LADDA AND SRI.B.P.MATHAPATI, ADVOCATES)
AND:
1. SRI. FAKIRASA S/O. BABUSA BHANDGE,
AGE: 41 YEARS, OCC: BUSINESS,
R/O: PLOT NO.30, KESHAVANAGAR,
PATTANSHETTI LAYOUT, GADAG-582103.
2. THE DEPUTY COMMISSIONER AND ARBITRATOR,
GADAG-582101.
...RESPONDENTS
(BY SRI.S.M.KALWAD, ADVOCATE FOR C/R1;
SMT.GIRIJA HIREMATH, HCGP FOR R2)
THIS MFA IS FILED U/S.37(1) OF ARBITRATION AND
CONCILIATION ACT, 1996, AGAINST THE JUDGMENT DATED
29.06.2021 PASSED IN ARBITRATION NO.21/2021 ON THE
FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE,
GADAG, DISMISSING THE APPLICATION FILED UNDER
SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT,
1996 READ WITH 3G(6) OF THE NATIONAL HIGHWAYS ACT,
1956.
IN MFA NO. 101558/2021
BETWEEN:
1. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA,
THROUGH ITS PROJECT DIRECTOR,
SHRIKANT POTDAR, PIU, DHARWAD,
HAVING ITS OFFICE AT PIU,
2ND CROSS, SATTUR COLONY,
VIDYAGIRI,
DHARWAD-580004.
2. SPECIAL LAND ACQUISITION OFFICE AND
COMPETENT AUTHORITY, NHAI,
NH63, DHARA MAHAL,
UBL 5TH CROSS,
- 23 -
NC: 2023:KHC-D:8666-DB
MFA No. 100886 of 2021 c/w
100890, 101031, 101033, 101034
101036, 101490, 101491, 101492
101499, 101500, 101530, 101531
101532, 101533, 101543, 101554
101555, 101556, 101557 & 101558/2021
BASAWESHWAR TEMPLE,
DHARWAD-580001.
...APPELLANTS
(BY SRI.SAGAR LADDA AND SRI.B.P.MATHAPATI, ADVOCATES)
AND:
1. SRI. KRISHANA S/O. SHANKRAPPA HANJAGI,
AGE: 63 YEARS, OCC: BUSINESS,
R/O: SHIVANAND NAGAR,
KALASAPUR ROAD, GADAG-582101.
2. THE DEPUTY COMMISSIONER AND ARBITRATOR,
GADAG-582101.
...RESPONDENTS
(BY SRI.S.M.KALWAD, ADVOCATE FOR C/R1;
SMT.GIRIJA HIREMATH, HCGP FOR R2)
THIS MFA IS FILED U/S.37(1) OF ARBITRATION AND
CONCILIATION ACT, 1996, AGAINST THE JUDGMENT DATED
29.06.2021 PASSED IN ARBITRATION NO.19/2021 ON THE
FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE,
GADAG, DISMISSING THE APPLICATION FILED UNDER
SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT,
1996 READ WITH 3G(6) OF THE NATIONAL HIGHWAYS ACT,
1956.
THESE APPEALS, COMING ON FOR ADMISSION, THIS
DAY, BASAVARAJA, J., DELIVERED THE FOLLOWING:
JUDGMENT
These Miscellaneous First Appeals are directed against the common judgment dated 29th June, 2021 passed by the Additional District and Sessions Judge, Gadag in Arbitration Petitions No.1 to 13, 17, 19 and 21 of 2021; and Arbitration
- 24 -
NC: 2023:KHC-D:8666-DB MFA No. 100886 of 2021 c/w 100890, 101031, 101033, 101034 101036, 101490, 101491, 101492 101499, 101500, 101530, 101531 101532, 101533, 101543, 101554 101555, 101556, 101557 & 101558/2021 No.14, 16, 18, 20 and 22 of 2021 (for short, hereinafter referred to as the "District Court").
2. The facts of the case in brief are that the lands in question along with other lands were acquired for the purpose of widening the existing National Highway-63 to Four/Six lane from Kilometer 132.00 to 268.70 of Hubli to Hospet vide gazette notification dated 20th January, 2012 issued under Section 3A(1) of National Highways Act, 1956 (for short, hereinafter referred to as the "NH Act"). The Final Notification under Section 3D(1) and (2) was published vide gazette notification dated 19th January, 2013. The Competent Authority for Land Acquisition (for short, hereinafter referred to as the "CALA"), prior to determination of market value issued public notice under Section 3(G) of NH Act intimating that the claimants/land owners to appear before the Competent Authority along with relevant records to substantiate their right/interest over the land acquired and accordingly, enquiry was conducted.
3. The Land Owners/claimants also filed claim application with the Competent Authority and accordingly, the Competent
- 25 -
NC: 2023:KHC-D:8666-DB MFA No. 100886 of 2021 c/w 100890, 101031, 101033, 101034 101036, 101490, 101491, 101492 101499, 101500, 101530, 101531 101532, 101533, 101543, 101554 101555, 101556, 101557 & 101558/2021 Authority awarded compensation for acquired lands at Gadag as under:
a) Agricultural land (dry) at Rs.2,88,044/- per acre or Rs.71/- per square meter;
b) Non agricultural land (residential) at Rs.2,776/-
per square meter;
4. For the sake of convenience, extent of land acquired, compensation awarded by the CALA with corresponding Miscellaneous First Appeals corresponding to the relevant Arbitration Petition is shown as below:
ARBNH Award
Arb. Ext.
Sl / Name of the land
MFA No. Ptn. Sy.No. in
no GDG/ Owner CALA Arbitrator
No. Sq.mtr.
AP/CR
1. 100886/ 16/20 127/20 250/1A+1 1. Rajeshwari W/o 698 1,66,506/- 26,26,778/-
2021 21 18-19 B+2E Channabasappa Alur
2. 2.Madhukesh
Channabasappa Alur
2. 100890/ 17/20 129/20 250/1A+1 1.Rajeshwari 4472 8,40,250/- 1,99,28,096/-
2021 21 18-19 B+2E Channabasappa Alur
2.Madhukesh
Channabasappa Alur
3. 101031/ 4/202 119/20 280/1A Sri Narayan S/o 209 39,269/- 8,26,930/-
2021 1 18-19 Bandunath Kulkarni
4. 101033/ 2/202 103/20 250/1A+1 Savita W/o Shivayogi 202 37,954/- 7,83,223/-
2021 1 17-18 B+2 Tegginamath
5 101034/ 12/20 145/20 280/6 Sri. Sharifsab S/o 200 37,578/- 7,85,926/-
2021 21 18-19 Nabisab Nadaf
6 101036/ 20/20 112/20 280/1A+1 Smt. Savita W/o 32 7,633/- 1,20,425/-
2021 21 17-18 B+2-B Shivayogi Tegginamath
7 101490/ 7/202 121/20 240/1+2A- Sri. Ishwarappa S/o 632 3,74,655/- 30,29,225/-
2021 1 18-19 C Chandrashekharappa
Munavalli
- 26 -
NC: 2023:KHC-D:8666-DB
MFA No. 100886 of 2021 c/w
100890, 101031, 101033, 101034
101036, 101490, 101491, 101492
101499, 101500, 101530, 101531
101532, 101533, 101543, 101554
101555, 101556, 101557 & 101558/2021 8 101491/ 10/20 102/20 281/1 1. Smt. Anita W/o Arun 6374 11,97,619 3,15,45,353/-
2021 21 17-18 Varnekar
2. Sri. Arun S/o
Tukaram Varnekar
9 101492/ 1/202 146/20 262/1+1+ Channabasayya S/o 9525 26,38,891/ 3,78,21,128/-
2021 1 18-19 2+B+3/1 Siddharamayya -
Saunshimath
10 101499/ 14/20 108/20 280/2A+2 Ishwarappa S/o 4801 23,79,835/ 3,55,10,372/-
2021 21 17-18 B Kalakappa -
Pattanashetty
280/2C 336 80,152/-
280/2D 4875 11,62,916/
-
11 101500/ 11/20 136/20 281/6 1. Smt. Bhavaribai W/o 5843 10,97,849/ 2,89,17,398/-
2021 21 18-19 Chaganlalji Bafna -
2. Sri. Manjo S/o
Chaganlalji Bafna
12 101530/ 8/202 78/201 240/1+2A- Sri. Ramahandra S/o 1994 3,74,655/- 88,85,650/-
2021 1 8-19 3 Somappa Lamani Urf
Pujar
13 101531/ 5/202 144/20 280/3 Sri. Narayan S/o 587 1,10,292/- 23,25,768/-
2021 1 18-19 Bnadunath Kulkarni
14 101532/ 13/20 143/20 280/4 Sri. Tippangouda S/o 434 81,545/- 17,19,563/-
2021 21 18-19 Channabasangouda
Patil
15 101533/ 3/202 104/20 250/1 1. Miyajan S/o 3280 8,36,079/- 1,61,56,806/-
2021 1 17-19 Maktumsab Abbigeri
2. Mohammad Gous
S/o Maktumsab
Abbigeri
3. Noorahamad S/o
Maktumsab Abbigeri
16 101543/ 9/202 122/20 280/113 Smt. Bhagyashree W/o 594 1,11,607/- 25,35,018/-
2021 1 19-19 Totappa Kuradagi
17 101554/ 18/20 113/20 82/1 1. Shashikala W/o 4520 10,78,232/- 1,41,75,745/-
2021 21 17-18 Kumaraswami
Hadagalimath
2. Smt. Savita W/o
Shivayogi Tegginamath
18 101555/ 6/202 119/20 280/1A Sri. Totappa 689 3,29,845/- 29,40,450/-
2021 1 18-19 Karabasappa Kuradagi
19 101556/ 22/20 107/20 280/1A+1 Sri Fakirsa S/o Babasa 795 1,89,645/- 29,91,817/-
2021 21 17-18 B+2-D Bhandage
20 101557/ 21/20 98/201 250/1A+1 Fakirsa Babasa 5095 9,57,306/- 2,02,08,934/-
2021 21 7-18 B+2D Bhandage
21 101558/ 19/20 97/201 240/1+2B Krishna Shankarappa 5893 11,18,107/- 2,51,49,600/-
2021 21 7-18 Hanjagi
5. Being aggrieved by the compensation awarded by the CALA, the land losers/respondents filed application before the
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NC: 2023:KHC-D:8666-DB MFA No. 100886 of 2021 c/w 100890, 101031, 101033, 101034 101036, 101490, 101491, 101492 101499, 101500, 101530, 101531 101532, 101533, 101543, 101554 101555, 101556, 101557 & 101558/2021 Arbitrator for NHAI and Deputy Commissioner, Gadag under Section 3G(5) of the NH Act. The Land losers/respondents have produced nine sale transactions pertaining to Gadag village, which are as under:
Sale Market value in Rs.
Date Considera- Type
SL. Deed Extent in
Village Sy.no. of Extent tion amt. of Per Per
No. Doc. sq.ft Per gunta
DOC. in Rs. Land Sq.ft Sqm
No.
3710/ 10.08.
1. Gadag 250B P 68 1163 1,66,000/- NA R 142 1528 1,55,437/-
11-12 11
3901/ 17.08.
2. Gadag 250B P 9 1163 1,66,000/- NA R 142 1528 1,55,437/-
11-12 11
4265/ 30.08.
3. Gadag 250B P 18 1163 2,00,000/- NA R 171 1840 1,87,2-4
11-12 11
1875/ 06.06. 1G 10
4. Gadag 134B P-7 1806 7,50,000/- NA R 415 4467 4,51,935/-
11-12 11 A
26-6
CC.NO. 222/1 11.04. 10,43,262
5. Gadag Sq. 240 2,30,000/- Site 958 10311
3785/2A/1E 1-12 11 /-
yard
179A LIG 3960/ 19.08. 105.30
6. Gadag 5,38,384/- NA R 475 5112 5,17,275/-
523 11-12 11 Sqm
6907/ 15.12.
7. Gadag 323 P16 1G 1A 1163 5,00,000/- NA R 430 4628 4,68,270/-
11-12 11
7545/ 07.01. 1G7.3/
8. Gadag 181C P-4 1616 3,80,000/- NA R 235 2529 2,55,915
11-12 12 4A
10763 10.03.
9. Gadag 250B P 5 1163 4,07,050/- NA R 350 3767 3,81,15-
/13-14 13
6. Considering the material placed by the land
losers/respondents and relying on the decision of the Hon'ble Supreme Court in the case of SABNA MOHMMED YUSUF ABDUL HAMID MULLA v. LAND ACQUISITION OFFICER, reported in (2012)7 SCC 595; and the decision of this Court in the case of SMT. ANUSUYADEVI AND OTHERS v. THE LAND ACQUISITION OFFICER AND ASSISTANT COMMISSIONER, DHARWAD AND ANOTHER reported in 2013(6) KLJ 258; in the case of
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NC: 2023:KHC-D:8666-DB MFA No. 100886 of 2021 c/w 100890, 101031, 101033, 101034 101036, 101490, 101491, 101492 101499, 101500, 101530, 101531 101532, 101533, 101543, 101554 101555, 101556, 101557 & 101558/2021 SHIVABASAPPA v. THE LAND ACQUISITION OFFICER AND ASSISTANT COMMISSIONER KOPPAL, reported in AIR 2009 (NOC) 793 (KAR); in the case of M. MUNINARAYANA SWAMY AND ANOTHER v. STATE OF KARNATAKA REP., BY ITS SECRETARY, HOUSING AND URBAN DEVELOPMENT AND OTHERS, reported in ILR 2012 KAR 3428; in the case of ADVAMMA SINCE DEAD BY LRs v. STATE OF KARNATAKA, reported in 2015(4) KCCR 3249; in the case of SHANTA AND ANOTHER v. THE EXECUTIVE ENGINEER, KARNATAKA HOUSING BOARD, HUBLI AND ANOTHER reported in 2007(3) KLJ 361; and the decision of Punjab and Haryana High Court in the case of BHAGAT RAM v. THE STATE OF PUNJAB AND OTHERS, reported in AIR 1981 P&H 163, the Arbitrator has determined the market value of the property at the rate of Rs.1,388/- per square meter for the acquired lands with all statutory benefits.
7. Being dissatisfied with the award passed by the Arbitrator, the Deputy General Manager (Tech) and Project Director, National Highway Authorities of India and SLAO/Competent Authority, NHAI, filed application under
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NC: 2023:KHC-D:8666-DB MFA No. 100886 of 2021 c/w 100890, 101031, 101033, 101034 101036, 101490, 101491, 101492 101499, 101500, 101530, 101531 101532, 101533, 101543, 101554 101555, 101556, 101557 & 101558/2021 Section 34 of Arbitration and Conciliation Act, 1996 read with Section 3(G)6 of the National Highways Act, 1956 before the learned District and Sessions Judge. The learned First Additional District and Sessions Judge, Gadag, by its judgment dated 29th June, 2021 has dismissed the Arbitration Petitions No.1 to 13, 17, 19 and 21, by confirming the award passed by the Arbitrator, NHAI/Deputy Commissioner, Gadag.
8. Being aggrieved by the said order dated 29th June, 2021, NHAI Gadag has preferred the present Miscellaneous First Appeal under Section 37(1) of the Arbitration and Conciliation Act, 1996.
9. Heard Sri Sagar Ladda and Sri B.P. Mathpathi learned counsel appearing for the appellants; Sri S.M. Kalwad, learned Counsel appearing for respondents 1 and 2; and Smt Girija Hiremath, learned High Court Government Pleader, for Respondent No.3.
10. Sri Sagar Ladda and Sri B.P. Mathpathi, learned counsel appearing on behalf of appellants, submit that the lands in question are agricultural lands. They do not have non-
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NC: 2023:KHC-D:8666-DB MFA No. 100886 of 2021 c/w 100890, 101031, 101033, 101034 101036, 101490, 101491, 101492 101499, 101500, 101530, 101531 101532, 101533, 101543, 101554 101555, 101556, 101557 & 101558/2021 agriculture potentiality. Section 3G(7) of the NH Act mandates that the Arbitrator, while determining the amount of compensation, must take into consideration the market value of the land on the date of publication of notification under Section 3(A) of the NH Act. Both, the learned Arbitrator and the learned District and Sessions Judge, have erroneously considered extraneous and unsupported pleadings of potentiality made by respondents and failed to see the factual basis of market valuation. The exorbitant enhancement of rate from Rs.71/- awarded by CALA to Rs.1,388/- per square meter awarded by the learned Arbitrator taking 50% of non- agriculture rate, is illegal and unreasonable. The exorbitant and unreasonable awards are unwarranted burden on government exchequer and in turn also on ordinary tax-payers. Further, he submits that the Arbitrator failed to follow the procedure mandated in Sections 26 and 29 of Right to Fair Compensation and Transparency in Land Acquisiton, Rehabilitation and Resettlement Act, 2013 (for short, hereinafter referred to as the "RFCTLARR Act") and Section 3(G) (7) of NH Act. The provisions of RFCTLARR Act and NH
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NC: 2023:KHC-D:8666-DB MFA No. 100886 of 2021 c/w 100890, 101031, 101033, 101034 101036, 101490, 101491, 101492 101499, 101500, 101530, 101531 101532, 101533, 101543, 101554 101555, 101556, 101557 & 101558/2021 Act do not carve out any space permitting the consideration of potential non-agriculture rate. Hence, granting of 50% of non- agriculture rate is beyond legally permissible rate. The learned Arbitrator has failed to adhere to the strict proof while valuing the potentiality of the land that ought to have been determined on the basis of material available on record and not subjected to fits of imagination. Therefore, in the absence of material on record sans evidence and documents being not produced by the respondents to prove similar potentiality, the claim of non- agriculture potentiality or perceived commercial use ought not to have been followed by the learned Arbitrator, so also, by the learned District Judge. The respondent No.4 failed to conclusively prove the non-agriculture potentiality of land in question based on location, distance and non-agriculture potentialities of similar lands and has failed to produce the non- agriculture certificate to claim any non-agriculture valuation. The learned Arbitrator has erred in ignoring the guidance value and sale deed values, in clear contravention of RFCTLARR Act and NH Act. It is further submitted that the learned Arbitrator has travelled out of his jurisdiction in determining exaggerated
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NC: 2023:KHC-D:8666-DB MFA No. 100886 of 2021 c/w 100890, 101031, 101033, 101034 101036, 101490, 101491, 101492 101499, 101500, 101530, 101531 101532, 101533, 101543, 101554 101555, 101556, 101557 & 101558/2021 market value on irrelevant and extraneous considerations making his award liable to be set aside under Sections 34 and 37(1)(c), as it is in conflict with the public policy. On all these grounds sought to allow the appeals. To substantiate his arguments, the learned Counsel relied on the decision of Hon'ble Supreme Court in the case of NATIONAL HIGHWAYS AUTHORITY OF INDIA v. P. NAGARAJU AND OTHERS rendered in Civil Appeal No.4671 of 2022 decided on 11th July, 2022; and the decision of High Court of Patna in the case of NATIONAL HIGHWAYS AUTHORITY OF INDIA v. STATE OF BIHAR AND OTHERS rendered in Miscellaneous Appeal Nos.1010 and 1011 of 2018 decided on 04th January, 2023; in the case of RANVIR SINGH AND ANOTHER v. UNION OF INDIA reported in (2005)12 SCC 59.
11. Per contra, Sri S.M. Kalwad, learned counsel appearing for the respondents/land losers, supported the award passed by the Arbitrator, NHAI/Deputy Commissioner, Gadag, which is confirmed by the learned District and Sessions Judge, Gadag and submits that there is no ground to interfere with the impugned judgment & decree and award.
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NC: 2023:KHC-D:8666-DB MFA No. 100886 of 2021 c/w 100890, 101031, 101033, 101034 101036, 101490, 101491, 101492 101499, 101500, 101530, 101531 101532, 101533, 101543, 101554 101555, 101556, 101557 & 101558/2021
12. Having heard the learned counsel appearing for the parties, the following points arise for our consideration in this appeal:
1. Whether the appellants have made out ground to interfere with the impugned award passed by the Arbitrator in all the cases, which is confirmed by the District Court:
2. What Order?
13. Our answer to the above points are as under:
Point No.1 : in the negative;
Point No.2 : as per final order.
14. We have carefully examined the materials placed before this Court.
15. The appellant, i.e. NHAI, has urged the arguments which are urged before the District Court, Gadag and reiterated the contentions as urged in memorandum of appeal.
16. In paragraphs 53 to 58 of the impugned judgment passed by the District Judge, it is observed as under:
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NC: 2023:KHC-D:8666-DB MFA No. 100886 of 2021 c/w 100890, 101031, 101033, 101034 101036, 101490, 101491, 101492 101499, 101500, 101530, 101531 101532, 101533, 101543, 101554 101555, 101556, 101557 & 101558/2021 "53. The award abstract of the awards passed by CALA is enclosed with these petitions. In the said award abstract Sl. No. 3 pertains to land bearing No. 115, N. A. Industrial, for which compensation is awarded at Rs.
1315/- per Sq. Meter and Sl. No. 15 in so-far-as land bearing Sy. No. 250/1A+1B+2-C, (non agricultural residential) Rs. 2776/- per Sq. Meter is awarded as compensation. It is to be noted that the award passed by CALA insofar as land bearing Sy. No. 250/1A+1B+2-C has been relied by the arbitrator for enhancing compensation. It is not the case of the petitioners that topography, location of lands bearing Sy. No. 250/1A+1B+2-C is altogether different when compared with the lands which are subject matter of acquisition.
54. In ground No.9, it is urged as under :-
"The arbitrator has taken into account the adjacent lands bearing No. 250/1A+1B+2D, 250/4 and Sy. No. 250/5, in fact the arbitrator has taken into account the land bearing Sy. No. 250/1A+1B+2-C. Even according to the petitioners, sum of Rs. 2776/- per Sq. Meter was awarded in respect of land bearing R.S.No.250/1A+1B+2-C as it is non-agricultural residential land. The petitioners have failed to bring before this court any material to establish that utility/applicability of land bearing Sy. No. 250/1A+1B+2-C is totally different than that of the other lands in question."
55. Petitioners themselves have clearly admitted that in so far-as land bearing Sy. No. 250/1A+1B+2-C is concerned, compensation at the rate of Rs. 2776/- per
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NC: 2023:KHC-D:8666-DB MFA No. 100886 of 2021 c/w 100890, 101031, 101033, 101034 101036, 101490, 101491, 101492 101499, 101500, 101530, 101531 101532, 101533, 101543, 101554 101555, 101556, 101557 & 101558/2021 Sq. Mtrs has been awarded which is in fact an admission on the part of NHAI.
56. The award in so-far-as land bearing Sy. No. 250/1A+1B+2-C has not been questioned by the NHAI before the arbitrator as exorbitant or unjust. Considering the grounds urged by the petitioners in these petitions in a wholesome manner, it clearly discloses that petitioners are aggrieved by the award passed by the arbitrator, enhancing compensation for the acquired agricultural lands by considering N. A. Potential.
57. Perusal of the impugned award discloses that the arbitrator has relied upon the decision of the Hon'ble High Court of Karnataka reported in ILR 2012 KAR 3428, wherein it is held that there is no necessity for the appellants to obtain conversion from agriculture to non- agriculture, if the area comes within the Town Municipality limits. The Honbl'e High Court of Karnataka has held so in the backdrop of Betterment Charges having been collected by the municipality.
58. Learned arbitrator has noted the developments taken place in and around acquired lands and their use, the development that has taken place and came to a conclusion that acquired lands are in midst of the city, acquired lands fall within the territorial limits of Ward No. 33 of Gadag Municipality. The Arbitrators award contains reasons and it cannot be said that Sec.31(3) of the Arbitration and Conciliation act has been brushed aside.
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NC: 2023:KHC-D:8666-DB MFA No. 100886 of 2021 c/w 100890, 101031, 101033, 101034 101036, 101490, 101491, 101492 101499, 101500, 101530, 101531 101532, 101533, 101543, 101554 101555, 101556, 101557 & 101558/2021 Thus, the contention urged in sixth ground is not tenable."
17. The learned District Judge has also relied upon the decision of the Hon'ble Supreme Court in the case of DYNA TECHNOLOGIES PVT. LTD. v. CROMPTON GREAVES LTD. reported in (2019) 20 SCC 1; and in the case of MANOJKUMAR v. STATE OF HARYANA reported in (2018)13 SCC 96.
18. The learned District Judge has also relied on the award passed by the Special Land Acquisition Officer in the following cases:
1. Award passed by the SLAO in No.SLAO/NH-
63/LAQ/CR-123/2014-15 dated 28.08.2017 of Gadag Village;
2. Award passed by the SLAO in No.SLAO/NH-
63/LAQ/CR-37/2016-17 dated 28.01.2017 of Gadag Village;
3. Award passed by the SLAO in No.SLAO/NH-
63/LAQ/CR-35/2018-19 dated 31.05.2019 Gadag Village.
19. The main argument advanced on behalf of appellants is that the learned Arbitrator ought to have noted that the
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NC: 2023:KHC-D:8666-DB MFA No. 100886 of 2021 c/w 100890, 101031, 101033, 101034 101036, 101490, 101491, 101492 101499, 101500, 101530, 101531 101532, 101533, 101543, 101554 101555, 101556, 101557 & 101558/2021 lands in question not non-agriculture land having no certification for the same, and not situated in similar localities, cannot be considered as non-agriculture lands or having non- agriculture potentiality.
20. In this regard, it is appropriate to mention here as to background of the decision of Hon'ble Apex Court in the case of C.R. NAGARAJA SHETTY v. SLAO & ESTATE OFFICER AND ANOTHER reported in (2009)11 SCC 75. In this case, the Land Acquisition Officer had awarded compensation for the acquired land of 35 guntas in Survey No.4 situate at Beratana Agrahara, Begur Hobli, Bangalore South Taluk, for the purpose of widening of National Highway No.7. The Land Acquisition Officer, had awarded a compensation for the acquired lands at Rs.10/- per sq.ft., by award dated 09th December, 1994. On reference, the Reference Court has enhanced the compensation from Rs.10/- to Rs.27.50 per sq.ft. Being dissatisfied with the award passed by Reference Court, land owner has preferred an appeal before this Court in MFA No.1021 of 2001 (LAC). This Court has rejected the appeal and set aside the judgment and award passed by the Reference Court in LAC No.43 of 1995.
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NC: 2023:KHC-D:8666-DB MFA No. 100886 of 2021 c/w 100890, 101031, 101033, 101034 101036, 101490, 101491, 101492 101499, 101500, 101530, 101531 101532, 101533, 101543, 101554 101555, 101556, 101557 & 101558/2021 Being aggrieved by the Judgment and Award passed by this Court, the appellant Sri. C.R. Nagaraja Shetty, has preferred Civil Appeal No.989 of 2007 arising out of SLP (C) No.8575 of 2006. The Hon'ble Apex Court, allowed the said appeal and set aside the judgment and award passed by this Court and remitted the case to this Court to consider the appeal of the appellant claiming higher compensation (the judgment of Apex Court is reported in ILR 2007 KAR 2587-C.R. NAGARAJA SHETTY v. SLAO AND ESTATE OFFICER). After remand, this Court having considered that the land in question is having non-agriculture potentiality, determined the market value of the property at the rate of Rs.75/- per sq.ft. and deducted Rs.25/- per sq.ft. towards the developmental charges having regard to the fact that land is acquired for formation of National Highway. Accordingly, this Court has determined the market value of Rs.50/- per sq.ft., with all statutory benefits including interest and costs. Being dissatisfied with this Judgment and Award passed by this Court, the appellant Sri C.R. Nagaraja Shetty has preferred Civil Appeal No.1173 of 2009 (arising out of SLP (C) No.8378 of 2008) before Hon'ble Apex Court. The
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NC: 2023:KHC-D:8666-DB MFA No. 100886 of 2021 c/w 100890, 101031, 101033, 101034 101036, 101490, 101491, 101492 101499, 101500, 101530, 101531 101532, 101533, 101543, 101554 101555, 101556, 101557 & 101558/2021 Hon'ble Apex Court has held that the High Court has erred in directing the deduction on account of developmental charges at Rs.25/- per sq.ft out of the ordered compensation at the rate of Rs.75/- per sq.ft. To that extent the judgment was set side and the Hon'ble Apex Court held that claimant is entitled to the compensation at the rate of Rs.75/- per sq.ft. with all statutory benefits like solatium under Section 23(2), 12% interest per annum under Section 23(1-A) on the enhanced market value and interest at 9% and 15% per annum as provided under the Land Acquisition Act, 1894. In view of this judgment, we cannot accept the argument advanced on behalf of the appellant.
21. Apart from this, it is relevant to mention here as to the recent decision of Hon'ble Supreme Court as to the scope of Sections 34 and 37 of Arbitration and Conciliation Act. In the case of PROJECT DIRECTOR NATIONAL HIGHWAYS NO.45E AND 220 v. M. HAKEEM AND ANOTHER and connected cases, reported in (2021)9 SCC 1, at paragraphs 47 and 48, it is observed as under:
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NC: 2023:KHC-D:8666-DB MFA No. 100886 of 2021 c/w 100890, 101031, 101033, 101034 101036, 101490, 101491, 101492 101499, 101500, 101530, 101531 101532, 101533, 101543, 101554 101555, 101556, 101557 & 101558/2021 "47. "Purposive construction" of statutes, relevant in the present context, is referred to in a recent concurring judgment by Nariman, J. in Eera v. State (NCT of Delhi), (2017) 15 SCC 133, as the theory of "creative interpretation". However, even "creative interpretation"
has its limits, which have been laid down in the aforesaid judgment as follows: -
"139. A reading of the Act as a whole in the light of the Statement of Objects and Reasons thus makes it clear that the intention of the legislator was to focus on children, as commonly understood i.e. persons who are physically under the age of 18 years. The golden rule in determining whether the judiciary has crossed the Lakshman Rekha in the guise of interpreting a statute is really whether a Judge has only ironed out the creases that he found in a statute in the light of its object, or whether he has altered the material of which the Act is woven. In short, the difference is the well-known philosophical difference between "is" and "ought".
Does the Judge put himself in the place of the legislator and ask himself whether the legislator intended a certain result, or does he state that this must have been the intent of the legislator and infuse what he thinks should have been done had he been the legislator. If the latter, it is clear that the Judge then would add something more than what there is in the statute by way of a supposed intention of the legislator and would go beyond creative interpretation of legislation to legislating itself. It is at this point that the Judge crosses the Lakshman Rekha and becomes a legislator, stating what the law ought to be instead of what the law is."
48. Quite obviously if one were to include the power to modify an award in Section 34, one would be crossing the Lakshman Rekha and doing what, according
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NC: 2023:KHC-D:8666-DB MFA No. 100886 of 2021 c/w 100890, 101031, 101033, 101034 101036, 101490, 101491, 101492 101499, 101500, 101530, 101531 101532, 101533, 101543, 101554 101555, 101556, 101557 & 101558/2021 to the justice of a case, ought to be done. In interpreting a statutory provision, a Judge must put himself in the shoes of Parliament and then ask whether Parliament intended this result. Parliament very clearly intended that no power of modification of an award exists in Section 34 of the Arbitration Act, 1996. It is only for Parliament to amend the aforesaid provision in the light of the experience of the courts in the working of the Arbitration Act, 1996, and bring it in line with other legislations the world over."
(emphasis supplied) In the aforesaid judgment, it is made clear that the award passed by the Arbitrator cannot be modified, unless the appellant has made out a ground to interfere with the award as contemplated under Section 34 of the Arbitration and Conciliation Act, 1996.
22. Applying the principle laid down in the aforesaid decisions and taking into account the facts and circumstances of the present case; on appreciation of evidence on record; and the principles enumerated in Section 34(2) of the Arbitration and Conciliation Act; the learned District and Sessions Judge had rightly come to the conclusion that the petitioners have failed to establish their case and has accordingly dismissed the petitions.
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NC: 2023:KHC-D:8666-DB MFA No. 100886 of 2021 c/w 100890, 101031, 101033, 101034 101036, 101490, 101491, 101492 101499, 101500, 101530, 101531 101532, 101533, 101543, 101554 101555, 101556, 101557 & 101558/2021
23. On re-examination of the material placed before this Court, we do not find any legal infirmities/illegalities in the impugned Award passed by the Arbitrator which is confirmed by the District Court. Accordingly, we answer point No.1 in the negative.
24. For the aforesaid reasons and discussions, we proceed to pass the following:
ORDER
1. Appeals are dismissed;
2. Award dated 18th June, 2020 passed by the Arbitrator for National Highway No.63 and Deputy Commissioner, Gadag which is confirmed by judgment dated 29th June, 2021 passed by the Additional District and Sessions Judge, Gadag in Arbitration Petitions No.1 to 13, 17, 19 and 21 of 2021 and Arbitration No.14, 16, 18, 20 and 22 are confirmed.
Sd/-
JUDGE Sd/-
JUDGE RH List No.: 1 Sl No.: 0