Karnataka High Court
The Deputy General vs Shambjhulingappa S/O. Sangappa Haravi on 13 February, 2025
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
-1-
NC: 2025:KHC-D:2931
MFA No. 102226 of 2024
C/W MFA No. 102158 of 2024
MFA No. 102159 of 2024
MFA No. 102227 of 2024
MFA No. 102228 of 2024
MFA No. 102313 of 2024
MFA No. 102315 of 2024
MFA No. 102452 of 2024
MFA No. 102459 of 2024
MFA No. 102462 of 2024
MFA No. 102465 of 2024
MFA No. 102480 of 2024
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 13TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.102226 OF 2024 (AA)
C/W
MISCELLANEOUS FIRST APPEAL NO.102158 OF 2024
MISCELLANEOUS FIRST APPEAL NO.102159 OF 2024
MISCELLANEOUS FIRST APPEAL NO.102227 OF 2024
MISCELLANEOUS FIRST APPEAL NO.102228 OF 2024
MISCELLANEOUS FIRST APPEAL NO.102313 OF 2024
MISCELLANEOUS FIRST APPEAL NO.102315 OF 2024
MISCELLANEOUS FIRST APPEAL NO.102452 OF 2024
MISCELLANEOUS FIRST APPEAL NO.102459 OF 2024
MISCELLANEOUS FIRST APPEAL NO.102462 OF 2024
Digitally signed by
MALLIKARJUN MISCELLANEOUS FIRST APPEAL NO.102465 OF 2024
RUDRAYYA KALMATH MISCELLANEOUS FIRST APPEAL NO.102480 OF 2024
Location: HIGH COURT
OF KARNATAKA
IN M.F.A. NO.102226 OF 2024
BETWEEN:
1. THE DEPUTY GENERAL MANAGER,
(TECH) AND THE PROJECT DIRECTOR,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
PROJECT IMPLEMENTATION UNIT,
SHIVA KRUPA NIVAS, VIVEKANAND NAGAR,
2ND CROSS, NEXT TO EXCELLENT NEET ACADEMY,
VIDYAGIRI, DHARWAD-580004.
-2-
NC: 2025:KHC-D:2931
MFA No. 102226 of 2024
C/W MFA No. 102158 of 2024
MFA No. 102159 of 2024
MFA No. 102227 of 2024
MFA No. 102228 of 2024
MFA No. 102313 of 2024
MFA No. 102315 of 2024
MFA No. 102452 of 2024
MFA No. 102459 of 2024
MFA No. 102462 of 2024
MFA No. 102465 of 2024
MFA No. 102480 of 2024
2. THE SPECIAL LAND ACQUISITION OFFICER
AND COMPETENT AUTHORITY FOR LAND ACQUISITION,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
NH-4, "DHARA MAHAL", UB HILL, 5TH CROSS,
DHARWAD-580007.
APPELLANTS
(BY SRI B.P. MATHAPATI, ADVOCATE)
AND:
1. SHAMBHULINGAPPA S/O. SANGAPPA HARAVI,
AGE. MAJOR, OCC. AGRICULTURE,
R/O. SHIGGAON, TQ. SHIGGAON,
DIST. HAVERI-581205.
2. THE ARBITRATOR FOR NATIONAL
HIGHWAYS AUTHORITY OF INDIA,
NH-4 AND DEPUTY COMMISSIONER,
HAVERI, DIST. HAVERI-581110.
...RESPONDENTS
(BY SRI GIRISH HIREMATH, ADVOCATE FOR R1;
SRI ABHISHEKH S.MALIPATIL, HCGP FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 37(1) OF ARBITRATION AND CONCILIATION ACT, 1996,
PRAYING TO, A) TO ALLOW THIS APPEAL AND SET ASIDE THE
JUDGMENT PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS
JUDGE, HAVERI IN ARBITRATION PETITION NO.45/2023 DATED
24.11.2023 IN THE INTEREST OF JUSTICE AND EQUITY. B) TO
GRANT ANY OTHER RELIEF THAT THIS COURT MAY DEEM FIT AS
FACTS AND CIRCUMSTANCES OF THE CASE.
-3-
NC: 2025:KHC-D:2931
MFA No. 102226 of 2024
C/W MFA No. 102158 of 2024
MFA No. 102159 of 2024
MFA No. 102227 of 2024
MFA No. 102228 of 2024
MFA No. 102313 of 2024
MFA No. 102315 of 2024
MFA No. 102452 of 2024
MFA No. 102459 of 2024
MFA No. 102462 of 2024
MFA No. 102465 of 2024
MFA No. 102480 of 2024
IN M.F.A. NO.102158 OF 2024
BETWEEN:
1. THE DEPUTY GENERAL MANAGER
(TECH) AND THE PROJECT DIRECTOR,
NATIONAL HIGHWAYS AUTHORITY
OF INDIA, PROJECT IMPLEMENTATION UNIT,
SHIVA KRUPA NIVAS, VIVEKANAND NAGAR,
2ND CROSS, NEXT TO EXCELLENT
NEET ACADEMY,
VIDYAGIRI, DHARWAD-580004.
2. THE SPECIAL LAND ACQUISITION OFFICER
AND COMPETENT AUTHORITY FOR
LAND ACQUISITION,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
NH-4, "DHARA MAHAL", UB HILL, 5TH CROSS,
DHARWAD-580007.
...APPELLANTS
(BY SRI B.P. MATHAPATI, ADVOCATE)
AND:
1. MOHAMADHUSEN
S/O. MOHAMADYSUF KATIB,
AGE. MAJOR, OCC. AGRICULTURE,
R/O. SHIGGAON, TQ. SHIGGAON,
DIST. HAVERI-581205.
2. MAHAMADSIDDIQ
S/O. MOHAMADYSUF KATIB,
AGE. MAJOR, OCC. AGRICULTURE,
R/O. SHIGGAON, TQ. SHIGGAON,
DIST. HAVERI-581205.
-4-
NC: 2025:KHC-D:2931
MFA No. 102226 of 2024
C/W MFA No. 102158 of 2024
MFA No. 102159 of 2024
MFA No. 102227 of 2024
MFA No. 102228 of 2024
MFA No. 102313 of 2024
MFA No. 102315 of 2024
MFA No. 102452 of 2024
MFA No. 102459 of 2024
MFA No. 102462 of 2024
MFA No. 102465 of 2024
MFA No. 102480 of 2024
3. THE ARBITRATOR FOR NATIONAL HIGHWAYS
AUTHORITY OF INDIA, NH-4 AND
DEPUTY COMMISSIONER, HAVERI,
DIST. HAVERI-581110.
...RESPONDENTS
(BY SRI GIRISH HIREMATH, ADVOCATE FOR R1 AND R2;
SRI ABHISHEKH S.MALIPATIL, HCGP FOR R3)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 37(1) OF ARBITRATION AND CONCILIATION ACT, 1996,
PRAYING TO, A) TO ALLOW THIS APPEAL AND SET ASIDE THE
JUDGMENT PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS
JUDGE, HAVERI IN ARBITRATION PETITION NO.48/2023 DATED
24.11.2023 IN THE INTEREST OF JUSTICE AND EQUITY B) TO GRANT
ANY OTHER RELIEF THAT THIS COURT MAY DEEM FIT AS FACTS AND
CIRCUMSTANCES OF THE CASE.
IN M.F.A. NO.102159 OF 2024
BETWEEN:
1. THE DEPUTY GENERAL MANAGER
(TECH) AND THE PROJECT DIRECTOR,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
PROJECT IMPLEMENTATION UNIT,
SHIVA KRUPA NIVAS, VIVEKANAND NAGAR,
2ND CROSS, NEXT TO EXCELLENT NEET ACADEMY,
VIDYAGIRI, DHARWAD-580004.
2. THE SPECIAL LAND ACQUISITION OFFICER
AND COMPETENT AUTHORITY FOR LAND ACQUISITION,
-5-
NC: 2025:KHC-D:2931
MFA No. 102226 of 2024
C/W MFA No. 102158 of 2024
MFA No. 102159 of 2024
MFA No. 102227 of 2024
MFA No. 102228 of 2024
MFA No. 102313 of 2024
MFA No. 102315 of 2024
MFA No. 102452 of 2024
MFA No. 102459 of 2024
MFA No. 102462 of 2024
MFA No. 102465 of 2024
MFA No. 102480 of 2024
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
NH-4, "DHARA MAHAL", UB HILL, 5TH CROSS,
DHARWAD-580007.
...APPELLANTS
(BY SRI B.P. MATHAPATI, ADVOCATE)
AND:
1. MALATESH S/O. SOMANNA BANNIMATTI,
AGE. MAJOR, OCC. AGRICULTURE,
R/O. SHIGGAON, TQ. SHIGGAON,
DIST. HAVERI-581205.
2. KALLAPPA S/O. SOMANNA BANNANIMATTER,
AGE. MAJOR, OCC. AGRICULTURE,
R/O. SHIGGAON, TQ. SHIGGAON,
DIST. HAVERI-581205.
3. THE ARBITRATOR FOR NATIONAL HIGHWAYS
AUTHORITY OF INDIA, NH-4 AND
DEPUTY COMMISSIONER, HAVERI,
DIST. HAVERI-581110.
...RESPONDENTS
(BY SRI GIRISH HIREMATH, ADVOCATE FOR R1 AND R2;
SRI ABHISHEKH S.MALIPATIL, HCGP FOR R3)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 37(1) OF ARBITRATION AND CONCILIATION ACT, 1996,
PRAYING TO, A) TO ALLOW THIS APPEAL AND SET ASIDE THE
JUDGMENT PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS
JUDGE, HAVERI IN ARBITRATION PETITION NO.49/2023 DATED
24.11.2023 IN THE INTEREST OF JUSTICE AND EQUITY B) TO GRANT
-6-
NC: 2025:KHC-D:2931
MFA No. 102226 of 2024
C/W MFA No. 102158 of 2024
MFA No. 102159 of 2024
MFA No. 102227 of 2024
MFA No. 102228 of 2024
MFA No. 102313 of 2024
MFA No. 102315 of 2024
MFA No. 102452 of 2024
MFA No. 102459 of 2024
MFA No. 102462 of 2024
MFA No. 102465 of 2024
MFA No. 102480 of 2024
ANY OTHER RELIEF THAT THIS COURT MAY DEEM FIT AS FACTS AND
CIRCUMSTANCES OF THE CASE.
IN M.F.A. NO.102227 OF 2024
BETWEEN:
1. THE DEPUTY GENERAL MANAGER,
(TECH) AND THE PROJECT DIRECTOR,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
PROJECT IMPLEMENTATION UNIT,
SHIVA KRUPA NIVAS, VIVEKANAND NAGAR,
2ND CROSS, NEXT TO EXCELLENT
NEET ACADEMY,
VIDYAGIRI, DHARWAD-580004.
2. THE SPECIAL LAND ACQUISITION OFFICER
AND COMPETENT AUTHORITY FOR
LAND ACQUISITION,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
NH-4, "DHARA MAHAL", UB HILL, 5TH CROSS,
DHARWAD-580007.
APPELLANTS
(BY SRI B.P. MATHAPATI, ADVOCATE)
AND:
1. GULAZARAHMAD S/O. MEHABUBSAB MUNNABI,
AGE. MAJOR, OCC. AGRICULTURE,
R/O. SHIGGAON, TQ. SHIGGAON,
DIST. HAVERI-581205.
2. THE ARBITRATOR FOR NATIONAL
HIGHWAYS AUTHORITY OF INDIA,
-7-
NC: 2025:KHC-D:2931
MFA No. 102226 of 2024
C/W MFA No. 102158 of 2024
MFA No. 102159 of 2024
MFA No. 102227 of 2024
MFA No. 102228 of 2024
MFA No. 102313 of 2024
MFA No. 102315 of 2024
MFA No. 102452 of 2024
MFA No. 102459 of 2024
MFA No. 102462 of 2024
MFA No. 102465 of 2024
MFA No. 102480 of 2024
NH-4 AND DEPUTY COMMISSIONER,
HAVERI, DIST. HAVERI-581110.
...RESPONDENTS
(BY SRI GIRISH HIREMATH, ADVOCATE FOR R1;
SRI ABHISHEKH S.MALIPATIL, HCGP FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 37(1) OF ARBITRATION AND CONCILIATION ACT, 1996,
PRAYING TO, A) TO ALLOW THIS APPEAL AND SET ASIDE THE
JUDGMENT PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS
JUDGE, HAVERI IN ARBITRATION PETITION NO.46/2023 DATED
24.11.2023 IN THE INTEREST OF JUSTICE AND EQUITY. B) TO
GRANT ANY OTHER RELIEF THAT THIS COURT MAY DEEM FIT AS
FACTS AND CIRCUMSTANCES OF THE CASE.
IN M.F.A. NO.102228 OF 2024
BETWEEN:
1. THE DEPUTY GENERAL MANAGER,
(TECH) AND THE PROJECT DIRECTOR,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
PROJECT IMPLEMENTATION UNIT,
SHIVA KRUPA NIVAS, VIVEKANAND NAGAR,
2ND CROSS, NEXT TO EXCELLENT
NEET ACADEMY,
VIDYAGIRI, DHARWAD-580004.
-8-
NC: 2025:KHC-D:2931
MFA No. 102226 of 2024
C/W MFA No. 102158 of 2024
MFA No. 102159 of 2024
MFA No. 102227 of 2024
MFA No. 102228 of 2024
MFA No. 102313 of 2024
MFA No. 102315 of 2024
MFA No. 102452 of 2024
MFA No. 102459 of 2024
MFA No. 102462 of 2024
MFA No. 102465 of 2024
MFA No. 102480 of 2024
2. THE SPECIAL LAND ACQUISITION OFFICER
AND COMPETENT AUTHORITY FOR LAND ACQUISITION,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
NH-4, "DHARA MAHAL", UB HILL, 5TH CROSS,
DHARWAD-580007.
APPELLANTS
(BY SRI B.P. MATHAPATI, ADVOCATE)
AND:
1. PRAVEEN S/O. GANAPATHI KULKARNI,
AGE. MAJOR, OCC. AGRICULTURE,
R/O. SHIGGAON, TQ. SHIGGAON,
DIST. HAVERI-581205.
2. THE ARBITRATOR FOR NATIONAL
HIGHWAYS AUTHORITY OF INDIA,
NH-4 AND DEPUTY COMMISSIONER,
HAVERI, DIST. HAVERI-581110.
...RESPONDENTS
(BY SRI GIRISH HIREMATH, ADVOCATE FOR R1;
SRI ABHISHEKH S.MALIPATIL, HCGP FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 37(1) OF ARBITRATION AND CONCILIATION ACT, 1996,
PRAYING TO, A) TO ALLOW THIS APPEAL AND SET ASIDE THE
JUDGMENT PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS
JUDGE, HAVERI IN ARBITRATION PETITION NO.47/2023 DATED
24.11.2023 IN THE INTEREST OF JUSTICE AND EQUITY. B) TO
GRANT ANY OTHER RELIEF THAT THIS COURT MAY DEEM FIT AS
FACTS AND CIRCUMSTANCES OF THE CASE.
-9-
NC: 2025:KHC-D:2931
MFA No. 102226 of 2024
C/W MFA No. 102158 of 2024
MFA No. 102159 of 2024
MFA No. 102227 of 2024
MFA No. 102228 of 2024
MFA No. 102313 of 2024
MFA No. 102315 of 2024
MFA No. 102452 of 2024
MFA No. 102459 of 2024
MFA No. 102462 of 2024
MFA No. 102465 of 2024
MFA No. 102480 of 2024
IN M.F.A. NO.102313 OF 2024
BETWEEN:
1. THE DEPUTY GENERAL MANAGER,
(TECH) AND THE PROJECT DIRECTOR,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
PROJECT IMPLEMENTATION UNIT,
SHIVA KRUPA NIVAS, VIVEKANAND NAGAR,
2ND CROSS, NEXT TO EXCELLENT NEET ACADEMY,
VIDYAGIRI, DHARWAD-580004.
2. THE SPECIAL LAND ACQUISITION OFFICER
AND COMPETENT AUTHORITY FOR LAND ACQUISITION,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
NH-4, "DHARA MAHAL", UB HILL, 5TH CROSS,
DHARWAD-580007.
APPELLANTS
(BY SRI B.P. MATHAPATI, ADVOCATE)
AND:
1. MAHADEVAPPA S/O. BASAVANEPPA SUNKAD,
AGE. MAJOR, OCC. AGRICULTURE,
R/O. SHIGGAON, TQ. SHIGGAON,
DIST. HAVERI-581205.
2. THE ARBITRATOR FOR NATIONAL
HIGHWAYS AUTHORITY OF INDIA,
NH-4 AND DEPUTY COMMISSIONER,
HAVERI, DIST. HAVERI-581110.
...RESPONDENTS
(BY SRI GIRISH HIREMATH, ADVOCATE FOR R1;
SRI ABHISHEKH S.MALIPATIL, HCGP FOR R2)
- 10 -
NC: 2025:KHC-D:2931
MFA No. 102226 of 2024
C/W MFA No. 102158 of 2024
MFA No. 102159 of 2024
MFA No. 102227 of 2024
MFA No. 102228 of 2024
MFA No. 102313 of 2024
MFA No. 102315 of 2024
MFA No. 102452 of 2024
MFA No. 102459 of 2024
MFA No. 102462 of 2024
MFA No. 102465 of 2024
MFA No. 102480 of 2024
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 37(1) OF ARBITRATION AND CONCILIATION ACT, 1996,
PRAYING TO, A) TO ALLOW THIS APPEAL AND SET ASIDE THE
JUDGMENT PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS
JUDGE, HAVERI IN ARBITRATION PETITION NO.82/2023 DATED
27.01.2024 IN THE INTEREST OF JUSTICE AND EQUITY. B) TO
GRANT ANY OTHER RELIEF THAT THIS COURT MAY DEEM FIT AS
FACTS AND CIRCUMSTANCES OF THE CASE.
IN M.F.A. NO.102315 OF 2024
BETWEEN:
1. THE DEPUTY GENERAL MANAGER,
(TECH) AND THE PROJECT DIRECTOR,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
PROJECT IMPLEMENTATION UNIT,
SHIVA KRUPA NIVAS, VIVEKANAND NAGAR,
2ND CROSS, NEXT TO EXCELLENT
NEET ACADEMY,
VIDYAGIRI, DHARWAD-580004.
2. THE SPECIAL LAND ACQUISITION OFFICER
AND COMPETENT AUTHORITY FOR
LAND ACQUISITION,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
NH-4, "DHARA MAHAL", UB HILL, 5TH CROSS,
DHARWAD-580007.
APPELLANTS
(BY SRI B.P. MATHAPATI, ADVOCATE)
- 11 -
NC: 2025:KHC-D:2931
MFA No. 102226 of 2024
C/W MFA No. 102158 of 2024
MFA No. 102159 of 2024
MFA No. 102227 of 2024
MFA No. 102228 of 2024
MFA No. 102313 of 2024
MFA No. 102315 of 2024
MFA No. 102452 of 2024
MFA No. 102459 of 2024
MFA No. 102462 of 2024
MFA No. 102465 of 2024
MFA No. 102480 of 2024
AND:
1. SHAMBULINGAPPA S/O. SANGAPPA HARAVI,
AGE. MAJOR, OCC. AGRICULTURE,
R/O. SHIGGAON, TQ. SHIGGAON,
DIST. HAVERI-581205.
2. THE ARBITRATOR FOR NATIONAL
HIGHWAYS AUTHORITY OF INDIA,
NH-4 AND DEPUTY COMMISSIONER,
HAVERI, DIST. HAVERI-581110.
...RESPONDENTS
(BY SRI GIRISH HIREMATH, ADVOCATE FOR R1;
SRI ABHISHEKH S.MALIPATIL, HCGP FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 37(1) OF ARBITRATION AND CONCILIATION ACT, 1996,
PRAYING TO, A) TO ALLOW THIS APPEAL AND SET ASIDE THE
JUDGMENT PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS
JUDGE, HAVERI IN ARBITRATION PETITION NO.75/2023 DATED
27.01.2024 IN THE INTEREST OF JUSTICE AND EQUITY. B) TO
GRANT ANY OTHER RELIEF THAT THIS COURT MAY DEEM FIT AS
FACTS AND CIRCUMSTANCES OF THE CASE.
IN M.F.A. NO.102452 OF 2024
BETWEEN:
1. THE DEPUTY GENERAL MANAGER,
(TECH) AND THE PROJECT DIRECTOR,
- 12 -
NC: 2025:KHC-D:2931
MFA No. 102226 of 2024
C/W MFA No. 102158 of 2024
MFA No. 102159 of 2024
MFA No. 102227 of 2024
MFA No. 102228 of 2024
MFA No. 102313 of 2024
MFA No. 102315 of 2024
MFA No. 102452 of 2024
MFA No. 102459 of 2024
MFA No. 102462 of 2024
MFA No. 102465 of 2024
MFA No. 102480 of 2024
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
PROJECT IMPLEMENTATION UNIT,
SHIVA KRUPA NIVAS, VIVEKANAND NAGAR,
2ND CROSS, NEXT TO EXCELLENT
NEET ACADEMY,
VIDYAGIRI, DHARWAD-580004.
2. THE SPECIAL LAND ACQUISITION OFFICER
AND COMPETENT AUTHORITY FOR
LAND ACQUISITION,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
NH-4, "DHARA MAHAL", UB HILL, 5TH CROSS,
DHARWAD-580007.
APPELLANTS
(BY SRI B.P. MATHAPATI, ADVOCATE)
AND:
1. MOHAMADGOUS S/O. ABDULSAB SOLLAPUR,
AGE. MAJOR, OCC. AGRICULTURE,
R/O. SHIGGAON, TQ. SHIGGAON,
DIST. HAVERI-581205.
2. THE ARBITRATOR FOR NATIONAL
HIGHWAYS AUTHORITY OF INDIA,
NH-4 AND DEPUTY COMMISSIONER,
HAVERI, DIST. HAVERI-581110.
...RESPONDENTS
(BY SRI GIRISH HIREMATH, ADVOCATE FOR R1;
SRI ABHISHEKH S.MALIPATIL, HCGP FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 37(1) OF ARBITRATION AND CONCILIATION ACT, 1996,
PRAYING TO, A) TO ALLOW THIS APPEAL AND SET ASIDE THE
- 13 -
NC: 2025:KHC-D:2931
MFA No. 102226 of 2024
C/W MFA No. 102158 of 2024
MFA No. 102159 of 2024
MFA No. 102227 of 2024
MFA No. 102228 of 2024
MFA No. 102313 of 2024
MFA No. 102315 of 2024
MFA No. 102452 of 2024
MFA No. 102459 of 2024
MFA No. 102462 of 2024
MFA No. 102465 of 2024
MFA No. 102480 of 2024
JUDGMENT PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS
JUDGE, HAVERI IN ARBITRATION PETITION NO.76/2023 DATED
27.01.2024 IN THE INTEREST OF JUSTICE AND EQUITY. B) TO
GRANT ANY OTHER RELIEF THAT THIS COURT MAY DEEM FIT AS
FACTS AND CIRCUMSTANCES OF THE CASE.
IN M.F.A. NO.102459 OF 2024
BETWEEN:
1. THE DEPUTY GENERAL MANAGER,
(TECH) AND THE PROJECT DIRECTOR,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
PROJECT IMPLEMENTATION UNIT,
SHIVA KRUPA NIVAS, VIVEKANAND NAGAR,
2ND CROSS, NEXT TO EXCELLENT
NEET ACADEMY,
VIDYAGIRI, DHARWAD-580004.
2. THE SPECIAL LAND ACQUISITION OFFICER
AND COMPETENT AUTHORITY FOR
LAND ACQUISITION,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
NH-4, "DHARA MAHAL", UB HILL, 5TH CROSS,
DHARWAD-580007.
APPELLANTS
(BY SRI B.P. MATHAPATI, ADVOCATE)
AND:
1. BEERAPPA S/O. CHANNABASAPPA BANNIMATTI,
AGE. MAJOR, OCC. AGRICULTURE,
- 14 -
NC: 2025:KHC-D:2931
MFA No. 102226 of 2024
C/W MFA No. 102158 of 2024
MFA No. 102159 of 2024
MFA No. 102227 of 2024
MFA No. 102228 of 2024
MFA No. 102313 of 2024
MFA No. 102315 of 2024
MFA No. 102452 of 2024
MFA No. 102459 of 2024
MFA No. 102462 of 2024
MFA No. 102465 of 2024
MFA No. 102480 of 2024
R/O. SHIGGAON, TQ. SHIGGAON,
DIST. HAVERI-581205.
2. THE ARBITRATOR FOR NATIONAL
HIGHWAYS AUTHORITY OF INDIA,
NH-4 AND DEPUTY COMMISSIONER,
HAVERI, DIST. HAVERI-581110.
...RESPONDENTS
(BY SRI GIRISH HIREMATH, ADVOCATE FOR R1;
SRI ABHISHEKH S.MALIPATIL, HCGP FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 37(1) OF ARBITRATION AND CONCILIATION ACT, 1996,
PRAYING TO, A) TO ALLOW THIS APPEAL AND SET ASIDE THE
JUDGMENT PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS
JUDGE, HAVERI IN ARBITRATION PETITION NO.74/2023 DATED
27.01.2024 IN THE INTEREST OF JUSTICE AND EQUITY. B) TO
GRANT ANY OTHER RELIEF THAT THIS COURT MAY DEEM FIT AS
FACTS AND CIRCUMSTANCES OF THE CASE.
IN M.F.A. NO.102462 OF 2024
BETWEEN:
1. THE DEPUTY GENERAL MANAGER,
(TECH) AND THE PROJECT DIRECTOR,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
PROJECT IMPLEMENTATION UNIT,
SHIVA KRUPA NIVAS, VIVEKANAND NAGAR,
2ND CROSS, NEXT TO EXCELLENT
- 15 -
NC: 2025:KHC-D:2931
MFA No. 102226 of 2024
C/W MFA No. 102158 of 2024
MFA No. 102159 of 2024
MFA No. 102227 of 2024
MFA No. 102228 of 2024
MFA No. 102313 of 2024
MFA No. 102315 of 2024
MFA No. 102452 of 2024
MFA No. 102459 of 2024
MFA No. 102462 of 2024
MFA No. 102465 of 2024
MFA No. 102480 of 2024
NEET ACADEMY,
VIDYAGIRI, DHARWAD-580004.
2. THE SPECIAL LAND ACQUISITION OFFICER
AND COMPETENT AUTHORITY FOR LAND ACQUISITION,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
NH-4, "DHARA MAHAL", UB HILL, 5TH CROSS,
DHARWAD-580007.
APPELLANTS
(BY SRI B.P. MATHAPATI, ADVOCATE)
AND:
1. ALIMABAI @ HALIMUNISA
W/O. SHABBIRAHAMAD SOLLAPUR,
AGE. MAJOR, OCC. AGRICULTURE,
R/O. SHIGGAON, TQ. SHIGGAON,
DIST. HAVERI-581205.
2. MOHAMMADALI @ ALLASAB
S/O. SHABBIRAHAMAD SOLLAPUR,
AGE. MAJOR, OCC. AGRICULTURE,
R/O. SHIGGAON, TQ. SHIGGAON,
DIST. HAVERI-581205.
3. HINAKOSUR D/O. SHABBIRAHAMAD SOLLAPUR,
AGE. MAJOR, OCC. AGRICULTURE,
R/O. SHIGGAON, TQ. SHIGGAON,
DIST. HAVERI-581205.
4. THE ARBITRATOR FOR NATIONAL
HIGHWAYS AUTHORITY OF INDIA,
NH-4 AND DEPUTY COMMISSIONER,
HAVERI, DIST. HAVERI-581110.
...RESPONDENTS
(BY SRI GIRISH HIREMATH, ADVOCATE FOR R1 TO R3;
SRI ABHISHEKH S.MALIPATIL, HCGP FOR R4)
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NC: 2025:KHC-D:2931
MFA No. 102226 of 2024
C/W MFA No. 102158 of 2024
MFA No. 102159 of 2024
MFA No. 102227 of 2024
MFA No. 102228 of 2024
MFA No. 102313 of 2024
MFA No. 102315 of 2024
MFA No. 102452 of 2024
MFA No. 102459 of 2024
MFA No. 102462 of 2024
MFA No. 102465 of 2024
MFA No. 102480 of 2024
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 37(1)(C) OF ARBITRATION AND CONCILIATION ACT, 1996,
PRAYING TO, A) TO ALLOW THIS APPEAL AND SET ASIDE THE
JUDGMENT PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS
JUDGE, HAVERI IN ARBITRATION PETITION NO.79/2023 DATED
27.01.2024 IN THE INTEREST OF JUSTICE AND EQUITY. B) TO
GRANT ANY OTHER RELIEF THAT THIS COURT MAY DEEM FIT AS
FACTS AND CIRCUMSTANCES OF THE CASE.
IN M.F.A. NO.102465 OF 2024
BETWEEN:
1. THE DEPUTY GENERAL MANAGER,
(TECH) AND THE PROJECT DIRECTOR,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
PROJECT IMPLEMENTATION UNIT,
SHIVA KRUPA NIVAS, VIVEKANAND NAGAR,
2ND CROSS, NEXT TO EXCELLENT
NEET ACADEMY,
VIDYAGIRI, DHARWAD-580004.
2. THE SPECIAL LAND ACQUISITION OFFICER
AND COMPETENT AUTHORITY FOR
LAND ACQUISITION,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
NH-4, "DHARA MAHAL", UB HILL, 5TH CROSS,
DHARWAD-580007.
APPELLANTS
(BY SRI B.P. MATHAPATI, ADVOCATE)
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NC: 2025:KHC-D:2931
MFA No. 102226 of 2024
C/W MFA No. 102158 of 2024
MFA No. 102159 of 2024
MFA No. 102227 of 2024
MFA No. 102228 of 2024
MFA No. 102313 of 2024
MFA No. 102315 of 2024
MFA No. 102452 of 2024
MFA No. 102459 of 2024
MFA No. 102462 of 2024
MFA No. 102465 of 2024
MFA No. 102480 of 2024
AND:
1. ISHWARAPPA S/O. SANGAPPA BADAD,
AGE. MAJOR, OCC. AGRICULTURE,
R/O. SHIGGAON, TQ. SHIGGAON,
DIST. HAVERI-581205.
2. THE ARBITRATOR FOR NATIONAL
HIGHWAYS AUTHORITY OF INDIA,
NH-4 AND DEPUTY COMMISSIONER,
HAVERI, DIST. HAVERI-581110.
...RESPONDENTS
(BY SRI GIRISH HIREMATH, ADVOCATE FOR R1;
SRI ABHISHEKH S.MALIPATIL, HCGP FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 37(1) OF ARBITRATION AND CONCILIATION ACT, 1996,
PRAYING TO, A) TO ALLOW THIS APPEAL AND SET ASIDE THE
JUDGMENT PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS
JUDGE, HAVERI IN ARBITRATION PETITION NO.73/2023 DATED
27.01.2024 IN THE INTEREST OF JUSTICE AND EQUITY. B) TO
GRANT ANY OTHER RELIEF THAT THIS COURT MAY DEEM FIT AS
FACTS AND CIRCUMSTANCES OF THE CASE.
IN M.F.A. NO.102480 OF 2024
BETWEEN:
1. THE DEPUTY GENERAL MANAGER,
(TECH) AND THE PROJECT DIRECTOR,
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NC: 2025:KHC-D:2931
MFA No. 102226 of 2024
C/W MFA No. 102158 of 2024
MFA No. 102159 of 2024
MFA No. 102227 of 2024
MFA No. 102228 of 2024
MFA No. 102313 of 2024
MFA No. 102315 of 2024
MFA No. 102452 of 2024
MFA No. 102459 of 2024
MFA No. 102462 of 2024
MFA No. 102465 of 2024
MFA No. 102480 of 2024
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
PROJECT IMPLEMENTATION UNIT,
SHIVA KRUPA NIVAS, VIVEKANAND NAGAR,
2ND CROSS, NEXT TO EXCELLENT NEET ACADEMY,
VIDYAGIRI, DHARWAD-580004.
2. THE SPECIAL LAND ACQUISITION OFFICER
AND COMPETENT AUTHORITY FOR LAND ACQUISITION,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
NH-4, "DHARA MAHAL", UB HILL, 5TH CROSS,
DHARWAD-580007.
APPELLANTS
(BY SRI B.P. MATHAPATI, ADVOCATE)
AND:
1. MALATESH S/O. SOMANNA BANNIMATTI,
AGE. MAJOR, OCC. AGRICULTURE,
R/O. SHIGGAON, TQ. SHIGGAON,
DIST. HAVERI-581205.
2. THE ARBITRATOR FOR NATIONAL
HIGHWAYS AUTHORITY OF INDIA,
NH-4 AND DEPUTY COMMISSIONER,
HAVERI, DIST. HAVERI-581110.
...RESPONDENTS
(BY SRI GIRISH S.HULAMANI, ADVOCATE FOR R1;
SRI ABHISHEKH S.MALIPATIL, HCGP FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 37(1) OF ARBITRATION AND CONCILIATION ACT, 1996,
PRAYING TO, A) TO ALLOW THIS APPEAL AND SET ASIDE THE
JUDGMENT PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS
JUDGE, HAVERI IN ARBITRATION PETITION NO.80/2023 DATED
- 19 -
NC: 2025:KHC-D:2931
MFA No. 102226 of 2024
C/W MFA No. 102158 of 2024
MFA No. 102159 of 2024
MFA No. 102227 of 2024
MFA No. 102228 of 2024
MFA No. 102313 of 2024
MFA No. 102315 of 2024
MFA No. 102452 of 2024
MFA No. 102459 of 2024
MFA No. 102462 of 2024
MFA No. 102465 of 2024
MFA No. 102480 of 2024
27.01.2024 IN THE INTEREST OF JUSTICE AND EQUITY; B) TO
GRANT ANY OTHER RELIEF THAT THIS COURT MAY DEEM FIT AS
FACTS AND CIRCUMSTANCES OF THE CASE.
THESE MISCELLANEOUS FIRST APPEALS COMING ON FOR
ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Though these matters are listed for admission, with the consent of learned counsels appearing for both the parties, these appeals are taken up for final disposal.
2. These appeals are preferred under section 37(1) of the Arbitration and Conciliation Act, 1996 (A and C Act, for short), challenging the impugned judgment passed by the Principal District and Sessions Judge, Haveri, in respective Arbitration Petitions.
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NC: 2025:KHC-D:2931 MFA No. 102226 of 2024 C/W MFA No. 102158 of 2024 MFA No. 102159 of 2024 MFA No. 102227 of 2024 MFA No. 102228 of 2024 MFA No. 102313 of 2024 MFA No. 102315 of 2024 MFA No. 102452 of 2024 MFA No. 102459 of 2024 MFA No. 102462 of 2024 MFA No. 102465 of 2024 MFA No. 102480 of 2024
3. Respondent No.1 is the owner of the property situated at Bankapur village of Shiggaon taluk in Haveri district. The appellant authority have acquired the land of the owners in dispute for the purpose of construction of National Highway. After statutory compliance as per the provisions of National Highway Act, 1956 and completion of process of issuance of notifications, the Special Land Acquisition Officer (SLAO) has passed an award and fixed the market value. Being dissatisfied with the award passed by the SLAO, on the ground that lesser amount of compensation was determined, they approached the arbitrator by filing petition under section 3G(5) of the National Highway Act, 1956.
4. The arbitrator has allowed the petitions and enhanced the award amount. Being aggrieved by the same, the appellant has filed Arbitration Petitions under section 34
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NC: 2025:KHC-D:2931 MFA No. 102226 of 2024 C/W MFA No. 102158 of 2024 MFA No. 102159 of 2024 MFA No. 102227 of 2024 MFA No. 102228 of 2024 MFA No. 102313 of 2024 MFA No. 102315 of 2024 MFA No. 102452 of 2024 MFA No. 102459 of 2024 MFA No. 102462 of 2024 MFA No. 102465 of 2024 MFA No. 102480 of 2024 of the A and C Act, before the Court of Principal District and Sessions Judge, Haveri (PDJ Court, for short).
5. The learned PDJ Court has disposed of the arbitration petitions confirming the arbitration awards, but has modified the arbitration awards.
6. The appellants have preferred appeal on the ground that under section 34 of the A and C Act, the PDJ Court has only power of either to confirm or set aside the arbitral award, but has no power for modification of the award. He places reliance on the judgment of the Hon'ble Apex Court in the case of Project Director, National Highways Authority of India vs. M.Hakeem and another, reported in (2021) 9 SCC 1 and also a judgment of the Hon'ble Division Bench of this Court in MFA No.102314/2024 decided on 28.10.2024.
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NC: 2025:KHC-D:2931 MFA No. 102226 of 2024 C/W MFA No. 102158 of 2024 MFA No. 102159 of 2024 MFA No. 102227 of 2024 MFA No. 102228 of 2024 MFA No. 102313 of 2024 MFA No. 102315 of 2024 MFA No. 102452 of 2024 MFA No. 102459 of 2024 MFA No. 102462 of 2024 MFA No. 102465 of 2024 MFA No. 102480 of 2024
7. Therefore, in view of the principles of law laid down by the Hon'ble Apex Court and the Division Bench of this Court, the PDJ Court does not have power to make modification of the arbitral award as it is beyond the scope of section 34 of the A and C Act. Therefore, the order passed by the learned PDJ Court is liable to be set aside and the matter is liable to be remanded to the PDJ Court for fresh disposal. Hence, I proceed to pass the following:
ORDER
i) The appeals are allowed.
ii) The orders passed by the Principal District and Sessions Judge, Haveri, in the Arbitration Petitions, impugned in these appeals are hereby set aside.
iii) The matter is hereby remanded to the Principal District and Sessions Judge Court, Haveri, for fresh disposal.
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NC: 2025:KHC-D:2931
MFA No. 102226 of 2024
C/W MFA No. 102158 of 2024
MFA No. 102159 of 2024
MFA No. 102227 of 2024
MFA No. 102228 of 2024
MFA No. 102313 of 2024
MFA No. 102315 of 2024
MFA No. 102452 of 2024
MFA No. 102459 of 2024
MFA No. 102462 of 2024
MFA No. 102465 of 2024
MFA No. 102480 of 2024
iv) No order as to costs.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
MRK
CT: UMD.
List No.: 1 Sl No.: 53