Smt. Shalini W/O Vijay Latthe vs National Highway Authority Of India on 28 February, 2022

[Cites 3, Cited by 0]

Karnataka High Court

Smt. Shalini W/O Vijay Latthe vs National Highway Authority Of India on 28 February, 2022

Bench: Suraj Govindaraj

                                       WP NO.104799/2021


                          :1:


            IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH

       DATED THIS THE 28TH DAY OF FEBRUARY, 2022
                        BEFORE
        THE HON'BLE MR.JUSTICE SURAJ GOVINDARAJ

         WRIT PETITION No.104799/2021 (LA-RES)

BETWEEN:

1.   THE DEPUTY GENERAL MANAGER (TECH)
     AND THE PROJECT MANAGER
     NATIONAL HIGHWAYS AUTHORITY OF INDIA
     PROJECT IMPLEMENTATION UNIT
     2ND CROSS, SATTUR COLONY
     VIDYAGIRI, DHARWAD-580004

2.   THE SPECIAL LAND ACQUISTION OFFICER
     NATIONAL HIGHWAYS NO.63
     DHARA MAHAL, 1ST FLOOR, 5TH CROSS,
     UB HILL, DHARWAD-580001
                                        ...PETITIONERS
(BY SRI. B. P. MATHAPATI, ADVOCATE)

AND:

1.     SMT.SHALINI W/O VIJAY LATHE
       AGE: 78 YEARS, OCC: HOUSEHOLD
       R/O.MANGALWARPETH, TILAKWADI
       BELAGAVI.

2.     NITIN VIJAY LATHE
       AGE: 56 YEARS, OCC: BUSINESS
       R/O.MANGALWARPETH,
       TILAKWADI, BELAGAVI
                                         ...RESPONDENTS
(BY SRI. S. C. JAINAR, ADVOCATE)
                           ---
                                          WP NO.104799/2021


                             :2:


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO:

     A. ISSUE A WRIT OF CERTIORARI AND QUASH THE
     ORDER DATED 22.10.2021 IN E.P NO.302/2015 THAT
     DIRECTS THE RESPONDENTS TO DEPOSIT THE STAMP
     DUTY OF RS.6,34,821/- IN ORDER TO GET THE AWARD
     EXECUTED.

     B. THE HON'BLE DISTRICT COURT, DHARWAD MAY BE
     DIRECTED TO IMPOUND THE AWARD OF THE
     ARBITRATOR AND SEND THE SAME TO THE DEPUTY
     COMMISSIONER AS PER THE PROVISIONS OF THE LAW.

     THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

                           ORDER

1. The National Highways Authority of India (NHAI), who is the petitioner in the above writ petition, has sought for the following reliefs:

A. Issue a writ of certiorari and quash the order dated 22.10.2021 in E.P No.302/2015 that directs the respondents to deposit the stamp duty of Rs.6,34,821/- in order to get the award executed.

B. The Hon'ble District Court, Dharwad may be directed to impound the award of the Arbitrator and send the same to the Deputy Commissioner as per the provisions of the law.

C. Issue any other writ or direction as this Hon'ble Court thinks fit and proper in the interest of justice and equity.

WP NO.104799/2021 :3:

2. Sri. S. C. Jainer accepts notice for respondents No.1 and 2.

3. In view of the order passed today in W.P.No.100591/2021, where this Court has held that there is no stamp duty which is required to be paid on an award where compensation is awarded under Section 3G of the National Highways Act, 1956, the reliefs which have been sought for in this petition cannot be considered.

As such, the above writ petition stands dismissed.

Sd/-

JUDGE gab

Unlock Advanced Research with PRISMAI

Karnataka High Court