Karnataka High Court
Sri. T Younis S/O Sri Hazi T Ameer Sab vs National Highways Authority Of India on 24 February, 2026
-1-
NC: 2026:KHC-D:2941-DB
MFA No. 100086 of 2024
AND CONNECTED MATTERS
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
DATED THIS THE 24 TH
DAY OF FEBRUARY, 2026
®
PRESENT
THE HON'BLE MR. JUSTICE M.I.ARUN
AND
THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI
MISCELLANEOUS FIRST APPEAL NO.100086/2024 (AA)
C/W
MISCELLANEOUS FIRST APPEAL NOS. 105458/2023,
105460/2023 , 105463/2023, 100108/2024, 100109/2024,
100211/2024, 100212/2024, 100213/2024, 100307/2024,
100336/2024, 100377/2024, 100378/2024, 100379/2024,
100380/2024, 100381/2024, 100418/2024, 100419/2024 (AA)
IN MFA No. 100086/2024
BETWEEN:
NATIONAL HIGHWAYS AUTHORITY OF INDIA
PIU-HOSPET, C-10, SHREE NILAYAM,
1ST MAIN, 2ND CROSS, VIVEKANANDA NAGAR,
BEHIND RTO OFFICE, HOSPET - 583 201,
Digitally signed by
VISHAL NINGAPPA REPRESENTED BY ITS PROJECT DIRECTOR.
PATTIHAL
Location: High
... APPELLANT
Court of Karnataka, [BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR
Dharwad Bench,
Dharwad SRI. RAKESH M. BILKI &
SRI. MADHUMURTHY G.K., ADVS (APPEARED THROUGH V.C.)]
AND:
1. MR. T. YOUNIS S/O. HAJI T. AMEER,
AGE. MAJOR,
RESIDING BESIDE SASYA SHAMAL SCHOOL,
SANKALAPURA, HOSPET,
DIST: VIJAYANAGARA - 583 201.
2. THE ARBITRATOR AND
ADDITIONAL DEPUTY COMMISSIONER,
-2-
NC: 2026:KHC-D:2941-DB
MFA No. 100086 of 2024
AND CONNECTED MATTERS
HC-KAR
BALLARI DISTRICT,
HUNGUND - HOSPET SECTION (NH-13),
OFFICE OF THE DEPUTY COMMISSIONER
AND DISTRICT MAGISTRATE,
OPPOSITE RAILWAY STATION,
BALLARI, KARNATAKA - 583 101.
3. THE SPECIAL LAND ACQUISITION AND
COMPETENT AUTHORITY
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
4TH MAIN ROAD, 5TH CROSS,
OPPO. GANGAPARAMESHWARI KALYANI MANTAPA,
VIDYANAGAR, BALLARI, KARNATAKA - 583 104,
REPRESENTED BY ITS
SPECIAL LAND ACQUISITION OFFICER.
... RESPONDENTS
(BY SMT. ARCHANA A. MAGADUM, ADV. FOR
SRI. ANANDKUMAR A. MAGADUM, ADV. FOR C/R1;
SRI. SHARAD V. MAGADUM, AGA FOR R2;
SRI SHIVASAI M. PATIL, ADV. FOR R3)
THIS MFA IS FILED U/S.37(1) (C) OF ARBITRATION AND
CONCILIATION ACT, 1996, CALL FOR THE LOWER COURT RECORDS
IN A.A.23/2022 ON THE FILE OF THE PRINCIPAL DISTRICT AND
SESSIONS JUDGE AT BALLARI; SET ASIDE THE JUDGMENT DATED
07TH OCTOBER 2023 PASSED BY THE PRINCIPAL DISTRICT AND
SESSIONS JUDGE AT BALLARI AT ANNEXURE - A; SET ASIDE THE
DECREE DATED 17TH OCTOBER 2023 PASSED BY THE PRINCIPAL
DISTRICT AND SESSIONS JUDGE AT BALLARI AT ANNEXURE - B;
CONSEQUENTLY, SET ASIDE THE ARBITRAL AWARD DATED 04TH
JULY 2022 PASSED BY THE 2ND RESPONDENT IN CASE NO. LAQ/
ARBITRATION/ 07(29)/2012-13 AND LAQ-ARBITRATION/968/2013-
14 C/W LAQ- ARBITRATION/ 972/2013-14 AT ANNEXURE - D TO
MEET THE ENDS OF JUSTICE; CONFIRM THE ARBITRAL AWARD
DATED 14TH OCTOBER 2015 PASSED BY THE 2ND RESPONDENT IN
CASE NO.LAQ/ARBITRATION/07(29)/2012-13 AND LAQ
ARBITRATION/ 967/2013-14 C/W LAW- ARBITRATION / 972/ 2013-
14 AT ANNEXURE - C TO MEET THE ENDS OF JUSTICE AND ETC.,
IN MFA NO. 105458/2023
BETWEEN:
SRI. T. YUNIS ALIAS UNEES T. AMEER SAB,
AGE: 54 YEARS, OCC: AGRICULTURIST,
R/O: WHITE HOUSE RING ROAD,
BESIDE SASYA SHAMALA SCHOOL,
-3-
NC: 2026:KHC-D:2941-DB
MFA No. 100086 of 2024
AND CONNECTED MATTERS
HC-KAR
SANKALAPUR, HOSAPETE - 583 201,
VIJAYANAGARA DISTRICT.
...APPELLANT
(BY SMT. ARCHANA A. MAGADUM., ADV. FOR
SRI. ANANDKUMAR A. MAGADUM,
SRI. CHANDAN GOWDA, SRI. VARUN GOWDA, ADVS.)
AND:
1. THE COMPETENT AUTHORITY,
AND SPL. LAND ACQUISITION OFFICER
NATIONAL HIGHWAY AUTHORITY OF INDIA,
VIDYANAGAR, 5TH CROSS, 4TH MAIN ROAD,
OPPOSITE GANGAMMA TEMPLE,
BALLARI DISTRICT - 583 275.
2. NATIONAL HIGHWAYS AUTHORITY OF INDIA
PROJECT IMPLEMENTATION UNIT,
HOSAPETE, C-10, SHREE NILAYAM,
1ST MAIN, 2ND CROSS, BEHIND RTO OFFICE,
HOSAPETE - 583 104,
REPRESENTED BY ITS GENERAL MANAGER.
3. THE DEPUTY COMMISSIONER AND ARBITRATOR
UNDER NATIONAL HIGHWAYS ACT, BALLARI
D.C. COMPOUND, BALLARI - 583 103.
...RESPONDENTS
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR
SRI. RAKESH M. BILKI, ADV. FOR R2 IS
APPEARED THROUGH VC
SRI. SHARAD V. MAGADUM, AGA FOR R3;
SRI. SHIVASAI M. PATIL, ADV. FOR R1)
THIS MFA IS FILED U/S.37(1) (C) OF ARBITRATION AND
CONCILIATION ACT, 1996, PRAYING TO, CALL FOR RECORDS
AND SET ASIDE THE JUDGMENT AND AWARD PASSED BY
LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE, BALLARI
IN A.A. NO. 12/2022 DATED 25.09.2023 AND TO SET ASIDE THE
AWARD AND DECREE PASSED BY THE ADDITIONAL DEPUTY
COMMISSIONER AND ARBITRATOR UNDER NATIONAL HIGHWAY
AUTHORITY OF INDIA, BALLARI/ RESPONDENT NO. 3 IN CASE
NO. LAQ/ARB/7(972) 2013-14 DATED 04.07.2022. TO
CONSEQUENTLY GRANT ADDITIONAL COMPENSATION OF 50%
OVER AND ABOVE THE MARKET VALUE AS PER CVC
GUIDELINES. TO CONSEQUENTLY GRANT STATUTORY BENEFITS
AND INTEREST UNDER THE RIGHT TO FAIR COMPENSATION
-4-
NC: 2026:KHC-D:2941-DB
MFA No. 100086 of 2024
AND CONNECTED MATTERS
HC-KAR
TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND
RESETTLEMENT ACT, 2013 AND INTEREST FROM DATE OF
AWARD TO PAYMENT REALIZATION AND ETC.,
IN MFA NO. 105460/2023
BETWEEN:
SRI. T. YUNIS ALIAS UNEES T. AMEER SAB,
AGE: 54 YEARS, OCC: AGRICULTURIST,
R/O: WHITE HOUSE RING ROAD,
BESIDE SASYA SHAMALA SCHOOL,
SANKALAPUR, HOSAPETE - 583 201,
VIJAYANAGARA DISTRICT.
...APPELLANT
(BY SMT. ARCHANA A. MAGADUM., ADV. FOR
SRI. ANANDKUMAR A. MAGADUM,
SRI. CHANDAN GOWDA, SRI. VARUN GOWDA, ADVS.)
AND:
1. THE COMPETENT AUTHORITY &
SPL. LAND ACQUISITION OFFICER NATIONAL HIGHWAY
AUTHORITY OF INDIA, VIDYANAGAR,
5TH CROSS, 4TH MAIN ROAD, OPPOSITE GANGAMMA
TEMPLE, BALLARI DISTRICT - 583 275.
2. NATIONAL HIGHWAYS AUTHORITY OF INDIA
PROJECT IMPLEMENTATION UNIT,
HOSAPETE, C-10, SHREE NILAYAM,
1ST MAIN, 2ND CROSS, BEHIND RTO OFFICE,
HOSAPETE - 583 104,
REPRESENTED BY ITS GENERAL MANAGER.
3. THE DEPUTY COMMISSIONER AND ARBITRATOR
UNDER NATIONAL HIGHWAYS ACT, BALLARI,
D.C. COMPOUND, BALLARI - 583 103.
...RESPONDENTS
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR
SRI. RAKESH M. BILKI, ADV. FOR R2 IS
APPEARED THROUGH VC
SRI. SHARAD V. MAGADUM, AGA FOR R3;
SRI. SHIVASAI M. PATIL, ADV. FOR R1)
THIS MFA IS FILED U/S.37(1) (C) OF ARBITRATION AND
CONCILIATION ACT, 1996, PRAYING TO, CALL FOR RECORDS
AND SET ASIDE THE JUDGMENT AND AWARD PASSED BY
-5-
NC: 2026:KHC-D:2941-DB
MFA No. 100086 of 2024
AND CONNECTED MATTERS
HC-KAR
LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE, BALLARI
IN A.A. NO. 14/2022 DATED 25.09.2023 AND TO SET ASIDE THE
AWARD AND DECREE PASSED BY THE ADDITIONAL DEPUTY
COMMISSIONER AND ARBITRATOR UNDER NATIONAL HIGHWAY
AUTHORITY OF INDIA, BALLARI/ RESPONDENT NO. 3 IN CASE
NO. LAQ/ARB/7(967) 2013-14 DATED 04.07.2022. TO
CONSEQUENTLY GRANT ADDITIONAL COMPENSATION OF 50%
OVER AND ABOVE THE MARKET VALUE AS PER CVC
GUIDELINES. TO CONSEQUENTLY GRANT STATUTORY BENEFITS
AND INTEREST UNDER THE RIGHT TO FAIR COMPENSATION
TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND
RESETTLEMENT ACT, 2013 AND INTEREST FROM DATE OF
AWARD TO PAYMENT REALIZATION AND ETC.,
IN MFA NO. 105463/2023
BETWEEN:
SRI. T. YUNIS ALIAS UNEES T. AMEER SAB,
AGE: 54 YEARS, OCC: AGRICULTURIST,
R/O: WHITE HOUSE RING ROAD,
BESIDE SASYA SHAMALA SCHOOL,
SANKALAPUR, HOSAPETE - 583 201,
VIJAYANAGARA DISTRICT.
...APPELLANT
(BY SMT. ARCHANA A. MAGADUM., ADV. FOR
SRI. ANANDKUMAR A. MAGADUM,
SRI. CHANDAN GOWDA,
SRI. VARUN GOWDA, ADVS.)
AND:
1. THE COMPETENT AUTHORITY &
SPL. LAND ACQUISITION OFFICER NATIONAL
HIGHWAY AUTHORITY OF INDIA, VIDYANAGAR,
5TH CROSS, 4TH MAIN ROAD,
OPPOSITE GANGAMMA TEMPLE,
BALLARI DISTRICT - 583 275.
2. NATIONAL HIGHWAYS AUTHORITY OF INDIA
PROJECT IMPLEMENTATION UNIT,
HOSAPETE, C-10, SHREE NILAYAM,
1ST MAIN, 2ND CROSS,
BEHIND RTO OFFICE, HOSAPETE - 583 104,
REPRESENTED BY ITS GENERAL MANAGER.
3. THE DEPUTY COMMISSIONER AND ARBITRATOR
-6-
NC: 2026:KHC-D:2941-DB
MFA No. 100086 of 2024
AND CONNECTED MATTERS
HC-KAR
UNDER NATIONAL HIGHWAYS ACT, BALLARI,
D.C. COMPOUND, BALLARI - 583 103.
...RESPONDENTS
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR
SRI. RAKESH M. BILKI, ADV. FOR R2 IS
APPEARED THROUGH VC
SRI. SHARAD V. MAGADUM, AGA FOR R3;
SRI. SHIVASAI M. PATIL, ADV. FOR R1)
THIS MFA IS FILED U/S.37(1) (C) OF ARBITRATION AND
CONCILIATION ACT, 1996, PRAYING TO, CALL FOR RECORDS
AND SET ASIDE THE JUDGMENT AND AWARD PASSED BY
LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE, BALLARI
IN A.A. NO. 13/2022 DATED 25.09.2023 AND TO SET ASIDE THE
AWARD PASSED BY THE ADDITIONAL DEPUTY COMMISSIONER
AND ARBITRATOR UNDER NATIONAL HIGHWAY AUTHORITY OF
INDIA, BALLARI/ RESPONDENT NO.3 IN CASE NO.
LAQ/ARB/7(968) 2013-14 DATED 04.07.2022. TO
CONSEQUENTLY GRANT ADDITIONAL COMPENSATION OF 50 %
OVER AND ABOVE THE MARKET VALUE AS PER CVC
GUIDELINES. TO CONSEQUENTLY GRANT STATUTORY BENEFITS
AND INTEREST UNDER THE RIGHT TO FAIR COMPENSATION
TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND
RESETTLEMENT ACT, 2013 AND INTEREST FROM DATE OF
AWARD TO PAYMENT REALIZATION AND ETC.,
IN MFA NO. 100108/2024
BETWEEN:
NATIONAL HIGHWAYS AUTHORITY OF INDIA
PIU-HOSPET, C-10, SHREE NILAYAM,
1ST MAIN, 2ND CROSS, VIVEKANANDA NAGAR,
BEHIND RTO OFFICE, HOSPET - 583 201,
REPRESENTED BY ITS PROJECT DIRECTOR.
...APPELLANT
[BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR
SRI. RAKESH M. BILKI & SRI. MADHUMURTHY G.K.,
SMT. SHILPA SHAH, ADVS (APPEARED THROUGH V.C.)]
AND:
1. MR. T. YOUNIS S/O. HAJI T. AMEER,
AGED MAJOR,
RESIDING BESIDE SASYA SHAMAL SCHOOL,
SANKALAPURA, HOSPET,
DIST: VIJAYANAGARA - 583 201.
-7-
NC: 2026:KHC-D:2941-DB
MFA No. 100086 of 2024
AND CONNECTED MATTERS
HC-KAR
2. THE ARBITRATOR AND
ADDITIONAL DEPUTY COMMISSIONER,
BELLARI DISTRICT, HUNGUND - HOSPET SECTION
(NH-13), OFFICE OF THE DEPUTY COMMISSIONER
AND DISTRICT MAGISTRATE,
OPPOSITE RAILWAY STATION,
BALLARI, KARNATAKA - 583 101.
3. THE SPECIAL LAND ACQUISITION AND
COMPETENT AUTHORITY
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
4TH MAIN ROAD, 5TH CROSS,
OPPO. GANGAPARAMESHWARI KALYANI MANTAPA,
VIDYANAGAR, BALLARI, KARNATAKA - 583 104,
REPRESENTED BY ITS
SPECIAL LAND ACQUISITION OFFICER.
...RESPONDENTS
(BY SMT. ARCHANA A. MAGADUM, ADV. FOR
SRI. ANANDKUMAR A. MAGADUM, ADV. FOR C/R1;
SRI. SHARAD V. MAGADUM, AGA FOR R2;
SRI SHIVASAI M. PATIL, ADV. FOR R3)
THIS MFA IS FILED U/S.37(1) (C) OF ARBITRATION AND
CONCILIATION ACT, 1996, CALL FOR THE LOWER COURT
RECORDS IN A.A.22/2022 ON THE FILE OF THE PRINCIPAL
DISTRICT AND SESSIONS JUDGE AT BALLARI; SET ASIDE THE
JUDGMENT DATED 07TH OCTOBER 2023 PASSED BY THE
PRINCIPAL DISTRICT AND SESSIONS JUDGE AT BALLARI AT
ANNEXURE - A; SET ASIDE THE DECREE DATED 17TH OCTOBER
2023 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS
JUDGE AT BALLARI AT ANNEXURE - B; CONSEQUENTLY, SET
ASIDE THE ARBITRAL AWARD DATED 04TH JULY 2022 PASSED BY
THE 2ND RESPONDENT IN CASE NO. LAQ/ ARBITRATION/
07(23)/2012-13 AND LAQ-ARBITRATION/967/2013-14 AT
ANNEXURE - D TO MEET THE ENDS OF JUSTICE; CONFIRM THE
ARBITRAL AWARD DATED 14TH OCTOBER 2015 PASSED BY THE
2ND RESPONDENT IN CASE NO.LAQ/ARBITRATION/07(23)/2012-
13 AND LAQ ARBITRATION/ 967/2013-14 AT ANNEXURE - C TO
MEET THE ENDS OF JUSTICE AND ETC.,
IN MFA NO. 100109/2024
BETWEEN:
NATIONAL HIGHWAYS AUTHORITY OF INDIA
PIU-HOSPET, C-10, SHREE NILAYAM,
-8-
NC: 2026:KHC-D:2941-DB
MFA No. 100086 of 2024
AND CONNECTED MATTERS
HC-KAR
1ST MAIN, 2ND CROSS, VIVEKANANDA NAGAR,
BEHIND RTO OFFICE, HOSPET - 583 201,
REPRESENTED BY ITS PROJECT DIRECTOR.
...APPELLANT
[BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR
SRI. RAKESH M. BILKI & SRI. MADHUMURTHY G.K.,
SMT. SHILPA SHAH, ADVS (APPEARED THROUGH V.C.)]
AND:
1. SMT. DASANAL MALLAMMA
W/O. LATE DASANAL MALLAPPA
AGED MAJOR.
2. SRI. DASANAL SHANKARAPPA
S/O. LATE DASANAL MALLAPPA,
AGED MAJOR.
3. SMT. LAXMI DEVI W/O. BHARAMAPPA,
AGE-MAJOR.
4. SMT. DASANAL RENUKA
D/O. LATE DASANAL MALLAPPA,
AGED MAJOR.
5. SRI. DASANAL HANUMANTHAPPA
S/O. LATE DASANAL MALLAPPA,
AGED MAJOR.
6. SMT. DASANAL NIRMALA
D/O. LATE DASANAL MALLAPPA,
AGED MAJOR,
RESPONDENTS NO.1 TO 6 ARE LEGAL REPRESENTATIVES
OF LATE DASANAL MALLAPP AND ARE RESIDING AT
WARD NO.18, SRIRAMULANAGARA,
CHAPPARADAHALLY ROAD, HOSPET,
VIJAYANAGARA DISTRICT - 583 201.
7. THE ARBITRATOR AND ADDITIONAL DEPUTY
COMMISSIONER, BALLARI DISTRICT,
HUNGUND - HOSPET SECTION (NH-13),
OFFICE OF THE DEPUTY COMMISSIONER
& DISTRICT MAGISTRATE, OPPOSITE RAILWAY
STATION, BALLARI - 583 101, KARNATAKA.
-9-
NC: 2026:KHC-D:2941-DB
MFA No. 100086 of 2024
AND CONNECTED MATTERS
HC-KAR
8. THE SPECIAL LAND ACQUISITION AND
COMPETENT AUTHORITY,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
4TH MAIN ROAD, 5TH CROSS,
OPP. GANGAPARAMESHWARI KALYANI MANTAPA,
VIDYANAGAR, BALLARI - 583 104,
REPRESENTED BY ITS SPECIAL LAND
ACQUISITION OFFICER.
... RESPONDENTS
(BY SMT. ARCHANA A. MAGADUM, ADV. FOR
SRI. ANANDKUMAR A. MAGADUM, ADV. FOR C/R1 TO R6;
SRI. SHARAD V. MAGADUM, AGA FOR R7;
SRI SHIVASAI M. PATIL, ADV. FOR R8)
THIS MFA IS FILED U/S.37(1)(C) OF ARBITRATION AND
CONCILIATION ACT, 1996, PRAYING TO CALL FOR THE LOWER
COURT RECORDS IN A.A.02/2023 ON THE FILE OF THE
PRINCIPAL DISTRICT AND SESSIONS JUDGE AT BALLARI. TO
SET ASIDE THE JUDGMENT DATED 07TH OCTOBER 2023 PASSED
BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT BALLARI
AT ANNEUXRE-A TO SET ASIDE THE DECREE DATED 18TH
OCTOBER 2023 PASSED BY THE PRINCIPAL DISTRICT AND
SESSIONS JUDGE AT BALLARI AT ANNEXURE-B TO
CONSEQUENTLY, SET ASIDE THE ARBITRAL AWARD DATED 11TH
AUGUST 2022 PASSED BY THE 7TH RESPONDENT IN CASE
NO.LAQ-ARBITRATION/07(39)/2012-13 AND LAQ-ARBITRATION/
971/ 2013-14 AT ANNEXURE-D, TO MEET THE ENDS OF
JUSTICE. TO CONFIRM THE ARBITRAL AWARD DATED 14TH
OCTOBER 2015 PASSED BY THE 7TH RESPONDENT IN CASE NO.
LAQ-ARBITRATION/07(39)/2012-13 AND LAQ-AARBITRATION/
971/2013-14 AT ANNEXURE-C, TO MEET THE ENDS OF JUSTICE
AND ETC.,
IN MFA NO. 100211/2024
BETWEEN:
NATIONAL HIGHWAYS AUTHORITY OF INDIA
PIU-HOSPET, C-10, SHREE NILAYAM,
1ST MAIN, 2ND CROSS, VIVEKANANDA NAGAR,
BEHIND RTO OFFICE, HOSPET - 583 201,
REPRESENTED BY ITS PROJECT DIRECTOR.
...APPELLANT
[BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR
SRI. RAKESH M. BILKI & SRI. MADHUMURTHY G.K.,
SMT. SHILPA SHAH, ADVS (APPEARED THROUGH V.C.)]
- 10 -
NC: 2026:KHC-D:2941-DB
MFA No. 100086 of 2024
AND CONNECTED MATTERS
HC-KAR
AND:
1. SMT. RENUKA GUJJAL W/O. LATE SHIVARAM GUJJAL,
AGE. 65 YEARS.
2. SMT. MANJULA KATTI D/O. LATE SHIVARAM GUJJAL.
AGE. 48 YEARS.
3. SRI. MANJUNATH GUJJAL D/O. LATE SHIVARAM GUJJAL.
AGE. 46 YEARS.
4. SRI. DHARMAVEER GUJJAL D/O. LATE SHIVARAM GUJJAL,
AGE. 42 YEARS.
5. SRI. MAHESH GUJJAL D/O. LATE SHIVARAM GUJJAL,
AGE. 41 YEARS.
R-1 TO 5 ARE LEGAL REPRESENTATIVES
OF LATE SHIVARAM GUJJAL AND ARE RESIDING AT
R/O. WARD NO.32, A.C. OFFICE ROAD,
VALMIKI CIRCLE, HOSPET,
VIJAYANGAR DISTRICT - 583 201.
6. THE ARBITRATOR AND ADDITIONAL DEPUTY
COMMISSIONER, BALLARI DISTRICT,
HUNGUND HOSPET SECTION (NH-13),
OFFICE OF THE DEPUTY COMMISSIONER,
AND DISTRICT MAGISTRATE,
OPPOSITE RAILWAY STATION,
BALLARI, KARNATAKA - 583 101.
7. THE SPECIAL LAND ACQUISITION AND
COMPETENT AUTHORITY,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
4TH MAIN ROAD, 5TH CROSS,
OPPO. GANGAPARAMESHWARI KALYAN MANTAPA
VIDYANAGAR, BALLARI, KARNATAKA - 583 104,
REPRESENTED BY ITS
SPECIAL LAND ACQUISITION OFFICER.
...RESPONDENTS
(BY SMT. ARCHANA A. MAGADUM, ADV. FOR
SRI. ANANDKUMAR A. MAGADUM &
SRI. VARUN GOWDA & SRI. CHANDAN GOWAD,
ADVS. FOR C/R1 TO R5;
SRI. SHARAD V. MAGADUM, AGA FOR R6;
SRI SHIVASAI M. PATIL, ADV. FOR R7)
- 11 -
NC: 2026:KHC-D:2941-DB
MFA No. 100086 of 2024
AND CONNECTED MATTERS
HC-KAR
THIS MFA IS FILED U/S.37(1) (C) OF ARBITRATION AND
CONCILIATION ACT, 1996, PRAYING TO CALL FOR THE LOWER
COURT RECORDS IN A.A.01/2023 ON THE FILE OF THE
PRINCIPAL DISTRICT AND SESSIONS JUDGE AT BALLARI. TO
SET ASIDE THE JUDGMENT DATED 13TH OCTOBER 2023 PASSED
BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT BALLARI
AT ANNEXURE-A. TO SET ASIDE THE DECREE DATED 18TH
OCTOBER 2023 PASSED BY THE PRINCIPAL DISTRICT AND
SESSIONS JUDGE AT BALLARI AT ANNEXURE-B. TO
CONSEQUENTLY, SET ASIDE THE ARBITRAL AWARD DATED 11TH
AUGUST 2022 PASSED BY THE 6TH RESPONDENT IN CASE NO.
LAQ-ARBITRATION/07(44)/2012-13 AND LAQ-ARBITRATION/
970/ 2013-14 AT ANNEXURE-D, TO MEET THE ENDS OF
JUSTICE. TO CONFIRM THE ARBITRAL AWARD DATED 14TH
OCTOBER 2015 PASSED BY THE 6TH RESPONDENT IN CASE NO.
LAQ-ARBITRATION/07(44)/2012-13 AND LAQ ARBITRATION/
970/2013-14 AT ANNEXURE-C, TO MEET THE ENDS OF JUSTICE
AND ETC.,
IN MFA NO. 100212/2024
BETWEEN:
NATIONAL HIGHWAYS AUTHORITY OF INDIA
PIU-HOSPET, C-10, SHREE NILAYAM,
1ST MAIN, 2ND CROSS, VIVEKANANDA NAGAR,
BEHIND RTO OFFICE, HOSPET - 583 201,
REPRESENTED BY ITS PROJECT DIRECTOR.
...APPELLANT
[BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR
SRI. RAKESH M. BILKI & SRI. MADHUMURTHY G.K.,
SMT. SHILPA SHAH, ADVS (APPEARED THROUGH V.C.)]
AND:
1. SMT. DASANAL MALLAMMA
W/O LATE DASANAL MALLAPPA
AGED MAJOR.
2. SRI. DASANAL SHANKARAPPA
S/O. LATE DASANAL MALLAPPA,
AGED MAJOR.
3. SMT. L. B LAKSHMI DEVI
D/O. LATE DASANAL MALLAPPA,
- 12 -
NC: 2026:KHC-D:2941-DB
MFA No. 100086 of 2024
AND CONNECTED MATTERS
HC-KAR
AGED MAJOR.
4. SMT. DASANAL RENUKA
W/O. BHARAMAPPA,
AGED MAJOR.
5. SRI. DASANAL HANUMANTHAPPA
S/O. LATE DASANAL MALLAPPA,
AGED MAJOR.
6. SMT. DASANAL NIRMALA
D/O. LATE DASANAL MALLAPPA,
AGED MAJOR.
RESPONDENTS NO. 1-6 ARE LEGAL REPRESENTATIVES
OF LATE DASANAL MALLAPPA
RESIDING AT. WARD NO. 18
SRIRAMULUNAGARA, CHAPPARADAHALLY ROAD,
HOSPET, BALLARI DIST - 583 201.
7. THE ARBITRATOR AND ADDITIONAL DEPUTY
COMMISSIONER, BALLARI DISTRICT,
HUNGUND - HOSPET SECTION (NH-13),
OFFICE OF THE DEPUTY COMMISSIONER
AND DISTRICT MAGISTRATE,
OPPOSITE RAILWAY STATION,
BALLARI, KARNATAKA - 583 101.
8. THE SPECIAL LAND ACQUISITION AND
COMPETENT AUTHORITY ,
NATIONAL HIGHWAYS AUTHORITY
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
4TH MAIN ROAD, 5TH CROSS,
OPPO. GANGAPARAMESHWRI KALYANI MANTAPA
VIDYANAGAR, BALLARI - 583 104,
KARNATAKA, REPRESENTED BY THE SPECIAL LAND
ACQUISITION OFFICER.
... RESPONDENTS
(BY SMT. ARCHANA A. MAGADUM, ADV. FOR
SRI. ANANDKUMAR A. MAGADUM ADV. FOR C/R1 TO R6;
SRI. SHARAD V. MAGADUM, AGA FOR R7;
SRI SHIVASAI M. PATIL, ADV. FOR R8)
THIS MFA IS FILED U/S.37(1) (c) OF ARBITRATION AND
CONCILIATION ACT, 1996, PRAYING TO CALL FOR THE LOWER
- 13 -
NC: 2026:KHC-D:2941-DB
MFA No. 100086 of 2024
AND CONNECTED MATTERS
HC-KAR
COURT RECORDS IN A.A.25/2022 ON THE FILE OF THE
PRINCIPAL DISTRICT AND SESSIONS JUDGE AT BALLARI. TO
SET ASIDE THE JUDGMENT DATED 13TH OCTOBER 2023 PASSED
BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT BALLARI
AT ANNEXURE-A. TO SET ASIDE THE DECREE DATED 18TH
OCTOBER 2023 PASSED BY THE PRINCIPAL DISTRICT AND
SESSIONS JUDGE AT BALLARI AT ANNEXURE-B. TO
CONSEQUENTLY, SET ASIDE THE ARBITRAL AWARD DATED 11TH
AUGUST 2022 PASSED BY THE 7TH RESPONDENT IN CASE NO.
LAQ-ARBITRATION/07(35)/2012-13 AND LAQ-ARBITRATION/
07/ 971/2013-14 AT ANNEXURE-D, TO MEET THE ENDS OF
JUSTICE. TO CONFIRM THE ARBITRAL AWARD DATED 14TH
OCTOBER 2015 PASSED BY THE 7TH RESPONDENT IN CASE NO.
LAQ-ARBITRATION/07(35)/2012-13 AND LAQ-ARBITRATION/
07/971/ 2013-14 AT ANNEXURE-C, TO MEET THE ENDS OF
JUSTICE AND ETC.,
IN MFA NO. 100213/2024
BETWEEN:
NATIONAL HIGHWAYS AUTHORITY OF INDIA
PIU-HOSPET, C-10, SHREE NILAYAM,
1ST MAIN, 2ND CROSS, VIVEKANANDA NAGAR,
BEHIND RTO OFFICE, HOSPET - 583 201,
REPRESENTED BY ITS PROJECT DIRECTOR.
...APPELLANT
[BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR
SRI. RAKESH M. BILKI &
SRI. MADHUMURTHY G.K., ADVS
(APPEARED THROUGH V.C.)]
AND:
1. SRI. SATYA NARAYANA
S/O. LATE JAMBANAHLLI VENKOBANNA,
AGE. MAJOR.
2. SRI. J. HANUMESH
S/O. LATE JAMBANAHALLI VENKOBANNA,
AGE. MAJOR.
3. SMT. AMBUJA
D/O. LATE JAMABANAHALLI VENKOBANNA,
AGE. MAJOR.
- 14 -
NC: 2026:KHC-D:2941-DB
MFA No. 100086 of 2024
AND CONNECTED MATTERS
HC-KAR
4. SMT. SEETHAMMA
D/O. LATE JAMBANAHALLI VENKOBANNA,
AGE. MAJOR.
5. SRI. J. MANJUNATH
S/O. LATE JAMBANAHALLI VENKOBANNA,
AGE. MAJOR.
6. DR. GOVINDA RAJ
S/O. LATE JAMBANAHALLI VENKOBANNA,
AGE. MAJOR.
RESPONDENTS NO.1 TO 6 ARE LEGAL REPRESENTATIVES
OF LATE JAMBANAHALLI VENKOBANNA
AND ARE RESIDING AT WARD NO.17/33,
A.C. OFFICE ROAD, JAMNANAHALLI KERI,
HOSAPETE, VIJAYANAGARA DIST - 583 201.
7. THE ARBITRATOR AND ADDITIONAL DEPUTY
COMMISSIONER, BALLARI DISTRICT,
HUNGUND - HOSPET SECTION (NH-13),
OFFICE OF THE DEPUTY COMMISSIONER
AND DISTRICT MAGISTRATE
OPPOSITE RAILWAY STATION
BALLARI, KARNATAKA - 583 101.
8. THE SPECIAL LAND ACQUISITION AND
COMPETENT AUTHORITY,
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
4TH MAIN ROAD, 5TH CROSS,
OPPO. GANGAPARAMESHWARI KALYANI MANTAPA,
VIDYANAGAR, BALLARI - 583 104,
KARNATAKA, REPRESENTED BY ITS
SPECIAL LAND ACQUISITION OFFICER.
... RESPONDENTS
(BY SMT. ARCHANA A. MAGADUM, ADV. FOR
SRI. ANANDKUMAR A. MAGADUM &
SRI. VARUN GOWDA & SRI. CHANDAN GOWAD,
ADVS. FOR C/R1 TO R6;
SRI. SHARAD V. MAGADUM, AGA FOR R7;
SRI SHIVASAI M. PATIL, ADV. FOR R8)
THIS MFA IS FILED U/S. 37(1)(C) OF ARBITRATION AND
CONCILIATION ACT, 1996, PRAYING TO CALL FOR THE LOWER
COURT RECORDS IN A.A.24/2022 ON THE FILE OF THE
- 15 -
NC: 2026:KHC-D:2941-DB
MFA No. 100086 of 2024
AND CONNECTED MATTERS
HC-KAR
PRINCIPAL DISTRICT AND SESSIONS JUDGE AT BALLARI. TO
SET ASIDE THE JUDGMENT DATED 13TH OCTOBER 2023 PASSED
BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT BALLARI
AT ANNEXURE-A. TO SET ASIDE THE DECREE DATED 13TH
OCTOBER 2023 PASSED BY THE PRINCIPAL DISTRICT AND
SESSIONS JUDGE AT BALLARI AT ANNEXURE-B. TO
CONSEQUENTLY, SET ASIDE THE ARBITRAL AWARD DATED 11TH
AUGUST 2022 PASSED BY THE 7TH RESPONDENT IN CASE NO.
LAQ-ARBITRATION/07(07)/2012-13 AN LAQ-ARBITRATION/ 969/
2013-14 AT ANNEXURE-D, TO MEET THE ENDS OF JUSTICE. TO
CONFIRM THE ARBITRAL AWARD DATED 14TH OCTOBER 2015
PASSED BY THE 7TH RESPONDENT IN CASE NO. LAQ-
ARBITRATION/07(07)/2012-13 AND LAQ-ARBITRATION/ 969/
2013-14 AT ANNEXURE-C, TO MEET THE ENDS OF JUSTICE AND
ETC.,
IN MFA NO. 100307/2024
BETWEEN:
SRI. SHIVARAM GUJJAL BY HIS LRs.,
1. DHARMAVEER GUJJAL S/O. SHIVARAM GUJJAL,
AGE: 43 YEARS, OCC: DOCTOR,
R/O: WARD NO.33, A.C. OFFICE ROAD,
VALMIKI CIRCLE, HOSAPETE VILLAGE,
VIJAYANAGARA DISTRICT - 583 201.
2. RENUKA GUJJAL
W/O. LATE SHIVARAM GUJJAL,
AGE. 66 YEARS, OCC. HOUSEHOLD,
R/O. WARD NO.33, A.C. OFFICE ROAD,
VALMIKI CIRCLE, HOSAPETE VILLAGE,
VIJAYANAGARA DISTRICT - 583 201.
3. MANJUNATH GUJJAL S/O. SHIVARAM GUJJAL,
AGE. 47 YEARS, OCC. AGRICULTURIST,
R/O. WARD NO.33, A.C. OFFICE ROAD,
VALMIKI CIRCLE, HOSAPETE VILLAGE,
VIJAYANAGARA DISTRICT - 583 201.
4. MANJULA KATTI W/O. RAGHAVENDRA KATTI,
AGE. 49 YEARS, OCC. HOUSEHOLD,
R/O. MITRA SADAN, WARD NO.28,
8TH CROSS, 1St MAIN, M.J. NAGAR,
HOSAPETE.
- 16 -
NC: 2026:KHC-D:2941-DB
MFA No. 100086 of 2024
AND CONNECTED MATTERS
HC-KAR
5. MAHESH GUJJAL S/O. SHIVARAM GUJJAL,
AGE. 42 YEARS, OCC. DOCTOR,
R/O. WARD NO.33, A.C. OFFICE ROAD,
VALMIKI CIRCLE, HOSAPETE VILLAGE,
VIJAYANAGARA DISTRICT - 583 201.
APPELLANT NO.2 to 5 R/BY THEIR
G.P.A. HOLDER PETITIONERS NO.1.
...APPELLANTS
(BY SMT. ARCHANA A. MAGADUM, ADV. FOR
SRI. ANANDKUMAR A. MAGADUM., ADV)
AND:
1. THE COMPETENT AUTHORITY &
SPL. LAND ACQUISITION OFFICER,
NATIONAL HIGHWAY AUTHORITY OF INDIA
VIDYANAGAR, 5TH CROSS, 4TH MAIN ROAD,
OPPOSITE GANGAMMA TEMPLE,
BALLARI DISTRICT - 583 275.
2. NATIONAL HIGHWAYS AUTHORITY OF INDIA
PROJECT IMPLEMENTATION UNIT, HOSAPETE,
C-10, SHREE NILAYAM, 1ST MAIN, 2ND CROSS,
BEHIND RTO OFFICE, HOSAPETE - 583 104,
R/BY ITS GENERAL MANAGER.
3. THE DEPUTY COMMISSIONER AND ARBITRATOR
UNDER NATIONAL HIGHWAYS ACT, BALLARI,
DC COMPOUND, BALLARI - 583 103.
...RESPONDENTS
[BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR
SRI. RAKESH M. BILKI, ADV. FOR R2 IS
(APPEARED THROUGH V.C.);
SRI. SHARAD V. MAGADUM, AGA FOR R3;
SRI. SHIVASAI M. PATIL, ADV. FOR R1)
THIS IS MFA IS FILED UNDER SECTION 37(1) (C) CALL FOR
RECORDS AND PARTIALLY SET ASIDE THE JUDGMENT AND
AWARD PASSED BY LEARNED PRINCIPAL DISTRICT AND
SESSION JUDGE, BALLARI IN A.A.NO.8/2022 DATED 09.10.2023
AND TO PARTIALLY SET ASIDE THE AWARD AND DECREE
PASSED BY THE ADDITIONAL DEPUTY COMMISSIONER AND
ARBITRATOR UNDER NATIONAL HIGHWAY AUTHORITY OF
- 17 -
NC: 2026:KHC-D:2941-DB
MFA No. 100086 of 2024
AND CONNECTED MATTERS
HC-KAR
INDIA, BALLARI/RESPONDENT NO.3 IN CASE
NO.LAQ/ARB/7(970)2013-14 DATED 11.08.2022. GRANT
ADDITIONAL COMPENSATION OF 50% OVER AND ABOVE THE
MARKET VALUE AS PER CVC GUIDELINES. AWARD INTEREST
FROM DATE OF AWARD TO PAYMENT REALIZATION AND ETC.,
IN MFA NO. 100336/2024
BETWEEN:
1. DASANAL MALLAMMA W/O. DASANAL MALLAPPA,
AGED ABOUT 58 YEARS, OCC. HOUSEHOLD.
2. DASANAL SHANKARAPPA
S/O. LATE DASANAL MALLAPPA,
AGED ABOUT 48 YEARS, OCC. AGRICULTURE.
3. L.B. LAXMIDEVI W/O. BHARAMAPPA,
AGED ABOUT 47 YEARS, OCC. HOUSEHOLD.
4. DASANAL RENUKA W/O. BHARAMAPPA,
AGED ABOUT 35 YEARS,
OCC. HOUSEHOLD.
5. DASANAL HANUMANTHAPPA
S/O. LATE DASANAL MALLAPPA,
AGED ABOUT 44 YEARS,
OCC. AGRICULTURE.
6. SMT. DASANAL NIRMALA
D/O. LATE DASANAL MALLAPPA,
AGED ABOUT 30 YEARS, OCC. HOUSEHOLD.
APPELLANT NO. 1(1 TO 6) ARE THE LEGAL
REPRESENTATIVES OF LATE
DASANAL MALLAPPA,
ALL ARE R/O: 18TH WARD
SRIRAMUNAGARA, CHAPPARADAHALLY ROAD,
HOSAPETE, BALLARI DISTRICT
NOW VIJAYANAGARA DISTRICT
APPELLANT NO. 1 TO 4 AND 6
R/BY THEIR GPA HOLDER APPELLANT NO. 5
...APPELLANTS
(BY SMT. ARCHANA A. MAGADUM, ADV. FOR
SRI. ANANDKUMAR A. MAGADUM., ADV)
- 18 -
NC: 2026:KHC-D:2941-DB
MFA No. 100086 of 2024
AND CONNECTED MATTERS
HC-KAR
AND:
1. NATIONAL HIGHWAYS AUTHORITY OF INDIA
PROJECT IMPLEMENTATION UNIT, HOSAPETE
C-10, SHREE NILAYAM, 1ST MAIN, 2ND CROSS,
VIVEKANAND NAGAR, BEHIND RTO OFFICE,
HOSAEPTE - 583 104,
R/BY ITS GENERAL MANAGER.
2. THE ARBITRATOR AND ADDITIONAL
DEPUTY COMMISSIONER
BALLARI DISTRICT, HUNGUND-HOSPET
SECTION (NH-13) OFFICE OF THE DEPUTY
COMMISSIONER AND DISTRICT MAGISTRATE
OPP. RAILWAY STATION, BALLARI,
KARNATAKA - 583 101.
3. THE SPL. LAND ACQUISITION OFFICER AND
COMPETENT AUTHORITY,
NATIONAL HIGHWAY AUTHORITY OF INDIA
VIDYANAGAR, 4TH MAIN ROAD, 5TH CROSS,
OPP. GANGAPARMESHWARI
KALYANA MANTAPA,
VIDYANAGAR, BALLARI DISTRICT - 583 275,
R/BY THE SPECIAL LAND ACQUISITION OFFICER.
...RESPONDENTS
[BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR
SRI. RAKESH M. BILKI, ADV. FOR R1 IS
(APPEARED THROUGH V.C.);
SRI. SHARAD V. MAGADUM, AGA FOR R2;
SRI. SHIVASAI M. PATIL, ADV. FOR R3)
THIS MFA IS FILED U/S.37(1)(C) OF ARBITRATION AND
CONCILIATION ACT, 1996, PRAYING TO PARTIALLY SET ASIDE
THE JUDGMENT AND AWARD PASSED BY LEARNED PRINCIPAL
DISTRICT AND SESSION JUDGE, BALLARI IN A.A.NO.2/2023
DATED 13.10.2023 BY DELETING OPERATIVE PORTION OF THE
ORDER AND AWARD DATED 13.10.2023 i.e CONSEQUENTLY,
THE AWARD IN REV/LAQ/ARB/7(39) 2012-13 AND
REV/LAQ/ARB/7(971) /2013-14 DATED 11.08.2022 PASSED BY
THE ARBITRATOR IS HEREBY CONFIRMED IN THE INTEREST OF
JUSTICE AND EQUITY AND ETC.,
IN MFA NO. 100377/2024
- 19 -
NC: 2026:KHC-D:2941-DB
MFA No. 100086 of 2024
AND CONNECTED MATTERS
HC-KAR
BETWEEN:
SRI. JAMBANALLI VENKOBANNA
S/O. SEETHAMMA BY HIS LRS
1. SATYA NARAYANA
S/O. LATE AMBANALLI VENKOBANNA,
AGED ABOUT 56 YEARS,
OCC. AGRICULTURE,
R/O. H. NO.95, 33RD WARD,
2. J. HANUMESH
S/O. LATE AMBANALLI VENKOBANNA,
AGED ABOUT 54 YEARS,
OCC. AGRICULTURE.
3. AMBUJA
D/O. LATE AMBANALLI VENKOBANNA,
AGED ABOUT 52 YEARS,
OCC. HOUSEHOLD.
4. SEETAMMA
D/O. LATE AMBANALLI VENKOBANNA,
AGED ABOUT 50 YEARS,
OCC. HOUSEHOLD.
NOTE: AFTER MARRIAGE CALL AS
H. SAVITHA W/O. H. ANJANEYA.
5. J. MANJUNATH
S/O. LATE AMBANALLI VENKOBANNA,
AGED ABOUT 48 YEARS, OCC. AGRICULTURE.
ALL ARE LEGAL REPRESENTATIVES OF
LATE JAMBANAHALLI VENKOBANNA,
R/O. WARD NO.17/33, A. C. OFFICE ROAD,
JAMBANAHALLI KERI, HOSAPETE,
BALLARI DISTRICT,
NOW VIJAYANAGARA DISTRICT,
NOW APPELLANT NO.1 TO 5 ARE
R/O. 33RD WARD, NEAR TAYAMMA TEMPLE,
JAMBANALLI KERI, VTC, HOSPET
BALLARI DISTRICT,
NOW VIJAYANAGARA DISTRICT.
6. GOVINDA RAJ S/O. LATE JAMBANALLI VENKOBANNA,
AGED ABOUT 46 YEARS, OCC. DOCTOR,
- 20 -
NC: 2026:KHC-D:2941-DB
MFA No. 100086 of 2024
AND CONNECTED MATTERS
HC-KAR
R/O: WARD NO.17/33, A.C.OFFICE ROAD,
JAMBANAHALLI KERI, HOSAPETE,
BALLARI DISTRICT
NOW VIJAYANAGARA DISTRICT,
NOW R/O. HOUSE NO.60, 4TH CROSS,
NEHARU COLONY, BALLARI.
...APPELLANTS
(BY SMT. ARCHANA A. MAGADUM, ADV. FOR
SRI. ANANDKUMAR A. MAGADUM., ADV)
AND:
1. NATIONAL HIGHWAYS AUTHORITY OF INDIA
PROJECT IMPLEMENTATION UNIT, HOSAPETE,
C-10, SHREE NILAYAM, 1ST MAIN, 2ND CROSS,
BEHIND RTO OFFICE, HOSAPETE - 583 104,
R/BY ITS GENERAL MANAGER.
2. THE ARBITRATOR AND ADDITIONAL DEPUTY
COMMISSIONER, BALLARI DISTRICT,
HUNGUND-HOSPET SECTION (NH-13),
OFFICE OF THE DEPUTY COMMISSIONER AND
DISTRICT MAGISTRATE,
OPPOSITE RAILWAY STATION,
BALLARI, KARNATAKA - 583 101.
3. THE SPL. LAND ACQUISITION OFFICER
AND COMPETENT AUTHORITY,
NATIONAL HIGHWAY AUTHORITY OF INDIA
VIDYANAGAR, 4TH MAIN ROAD, 5TH CROSS,
OPPOSITE GANGAPRAMESHWARI
KALYANA MANTAPA,
VIDYANAGAR, BALLARI DISTRICT - 583 275,
R/BY THE SPECIAL LAND ACQUISITION OFFICER.
...RESPONDENTS
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR
SRI. RAKESH M. BILKI, ADV. FOR R1 IS
(APPEARED THROUGH V.C.);
SRI. SHARAD V. MAGADUM, AGA FOR R3;
SRI. SHIVASAI M. PATIL, ADV. FOR R2)
THIS MFA IS FILED UNDER SECTION 37(1) (C) PRAYING TO
PARTIALLY SET ASIDE THE JUDGMENT AND AWARD PASSED BY
LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE, BALLARI
- 21 -
NC: 2026:KHC-D:2941-DB
MFA No. 100086 of 2024
AND CONNECTED MATTERS
HC-KAR
IN A.A.NO.24/2022 DATED 13.10.2023 BY DELETING OPERATIVE
PORTION OF THE ORDER AND AWARD I.E., CONSEQUENTLY,
THE AWARD IN REV/LAQ/ARB/7(7)2012-13 & REV/LAQ/ ARB/
7(369)/ 2013-14 DATED 11.08.2022 PASSED BY THE
ARBITRATOR IS HEREBY CONFIRMED IN THE INTEREST OF
JUSTICE AND EQUITY AND ETC.,
IN MFA NO. 100378/2024
BETWEEN:
SRI. DASANAL MALLAPPA S/O. DODDA MALIYAPPA,
R/O. AMARAVATI VILLAGE,
HOSPET TALUK, BELLARY DISTRICT BY HIS LRS.
1. DASANAL MALLAMMA,
AGE. 58, OCC. HOUSEHOLD.
2. DASANAL SHANKARAPPA,
AGE. 48, OCC. AGRICULTURE.
3. L.B. LAXMIDEVI,
AGE. 47, OCC. HOUSEHOLD.
4. DASANAL RENUKA W/O. BHARAMAPPA,
AGE. 35, OCC. AGRICULTURE.
5. DASANAL HANUMANTHAPPA,
AGE. 44, OCC. AGRICULTURE.
6. DASANAL NIRMALA,
AGE. 30, OCC. HOUSEHOLD.
ALL ARE R/O: HOUSE NO.3/1, 18TH WARD S.R.NAGAR,
HOSPTE,
APPELLANTS NO.1 TO 4 & 6 REPRESENTED BY
GPA HOLDER A5 SRI. DASANAL HANUMANTHAPPA.
...APPELLANTS
(BY SMT. ARCHANA A. MAGADUM, ADV. FOR
SRI. ANANDKUMAR A. MAGADUM., ADV)
AND:
1. THE COMPETENT AUTHORITY &
SPL. LAND ACQUISITION OFFICER
NATIONAL HIGHWAY AUTHORITY OF INDIA
- 22 -
NC: 2026:KHC-D:2941-DB
MFA No. 100086 of 2024
AND CONNECTED MATTERS
HC-KAR
VIDYANAGAR, 5TH CROSS, 4TH MAIN ROAD,
OPP. GANGAMMA TEMPLE, BALLARI DISTRICT - 583 275.
2. NATIONAL HIGHWAYS AUTHORITY OF INDIA
PROJECT IMPLEMENTATION UNIT, HOSPETE,
C-10, SHREE NILAYAM, 1ST MAIN, 2ND CROSS,
BEHIND RTO OFFICE, HOSAPETE - 583 104,
R/BY ITS GENERAL MANAGER.
3. THE DEPUTY COMMISSIONER AND ARBITRATOR
UNDER NATIONAL HIGHWAYS ACT, BALLARI,
DC COMPOUND, BALLARI - 583 103.
...RESPONDENTS
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR
SRI. RAKESH M. BILKI, ADV. FOR R2 IS
(APPEARED THROUGH V.C.);
SRI. SHARAD V. MAGADUM, AGA FOR R3;
SRI. SHIVASAI M. PATIL, ADV. FOR R1)
THIS MFA IS FILED U/S.37(1)(C) OF ARBITRATION AND
CONCILIATION ACT, 1996, PRAYING TO, CALL FOR RECORDS
AND PARTIALLY SET ASIDE THE JUDGMENT AND AWARD
PASSED BY LEARNED PRINCIPAL DISTRICT AND SESSIONS
JUDGE, BALLARI IN A.A. NO. 5/2022 DATED 09.10.2023 AND TO
PARTIALLY SET ASIDE THE AWARD AND DECREE PASSED BY
THE ADDITIONAL DEPUTY COMMISSIONER AND ARBITRATOR
UNDER NATIONAL HIGHWAY AUTHORITY OF INDIA, BALLARI/
RESPONDENT NO. 3 IN CASE NO. LAQ/ARB/7(971) 2013-14
DATED 11.08.2022. TO CONSEQUENTLY GRANT ADDITIONAL
COMPENSATION OF 50% OVER AND ABOVE THE MARKET VALUE
AS PER CVC GUIDELINES. TO CONSEQUENTLY GRANT
STATUTORY BENEFITS AND INTEREST UNDER THE RIGHT TO
FAIR COMPENSATION TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT ACT, 2013 AND INTEREST
FROM DATE OF AWARD TO PAYMENT REALIZATION AND ETC.,
IN MFA NO. 100379/2024
BETWEEN:
1. DASANAL MALLAMMA
W/O. LATE DASANAL MALLAPPA,
AGED ABOUT 58 YEARS,
OCC. HOUSEHOLD.
2. DASANAL SHANKRAPPA
- 23 -
NC: 2026:KHC-D:2941-DB
MFA No. 100086 of 2024
AND CONNECTED MATTERS
HC-KAR
S/O. LATE DASANAL MALLAPPA,
AGED ABOUT 48 YEARS,
OCC. AGRICULTURE.
3. L.B. LAXMIDEVI
W/O. BHARAMAPPA,
AGE. 47, OCC. HOUSEHOLD.
4. DASANAL RENUKA
W/O. BHARAMAPPA,
AGE. 35, OCC. HOUSEHOLD.
5. DASANAL HANUMANTHAPPA
S/O. LATE DASANAL MALLAPPA,
AGE. 44, OCC. AGRICULTURE.
6. SMT. DASANAL NIRMALA
D/O. LATE DASANAL MALLAPPA,
AGED ABOUT 30 YEARS,
OCC. HOUSEHOLD.
R1 TO R6) ARE THE LEGAL REPRESENTATIVES OF
LATE DASANAL MALLAPPA
ALL ARE R/O. 18TH WARD
SRIRAMULUANAGAR, CHAAPPARADAHALLY ROAD,
HOSAPETE, BALLARI DISTRICT,
NOW VIJAYANAGAR DISTRICT.
APPELLANT NO. 01 TO 4 AND 6
R/BY THIER G.P.A HOLDER APPELLANT NO. 5
...APPELLANTS
(BY SMT. ARCHANA A. MAGADUM, ADV. FOR
SRI. ANANDKUMAR A. MAGADUM., ADV)
AND:
1. NATIONAL HIGHWAYS OF INDIA
PROJECT IMPLEMENTATION UNIT, HOSAPETE
C-10, SHREE NILAYAM, 1ST MAIN, 2ND CROSS,
VIVEKANAND NAGAR, BEHIND RTO OFFICE,
HOSAPETE - 583 104, VIJAYANAGAR DIST,
R/BY ITS GENERAL MANAGER.
2. THE ARBITRATOR AND ADDITIONAL
DEPUTY COMMISSIONER,
BALLARI DISTRICT, HUNGUND HOSPET
SECTION (NH-13),
- 24 -
NC: 2026:KHC-D:2941-DB
MFA No. 100086 of 2024
AND CONNECTED MATTERS
HC-KAR
OFFICE OF THE DEPUTY COMMISSIONER AND
DISTRICT MAGISTRATE,
OPP. RAILWAY STATION,
BALLARI, KARNATAKA.
3. THE SPECIAL LAND ACQUISITION OFFICER
AND COMPETENT AUTHORITY,
NATIONAL HIGHWAY AUTHORITY OF INDIA,
4TH MAIN ROAD, 5TH CROSS,
OPP. GANGAPARMESHWARI KALYANA MANTAPA,
VIDYANAGAR, BALLARI DISTRICT - 583 275,
R/BY THE SPECIAL LAND ACQUISITION OFFICER.
...RESPONDENTS
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR
SRI. RAKESH M. BILKI, ADV. FOR R1 IS
(APPEARED THROUGH V.C.);
SRI. SHARAD V. MAGADUM, AGA FOR R2;
SRI. SHIVASAI M. PATIL, ADV. FOR R3)
THIS MFA IS FILED U/S.37(1) (C) OF ARBITRATION AND
CONCILIATION ACT, 1996, PRAYING TO, PARTIALLY SET ASIDE
THE JUDGMENT AND AWARD PASSED BY LEARNED PRINCIPAL
DISTRICT AND SESSIONS JUDGE, BALLARI IN A.A. NO. 25/2022
DATED 13.10.2023 BY DELETING OPERATIVE PORTION OF THE
ORDER AND AWARD DATED 13.10.2023 I.E. CONSEQUENTLY
THE AWARD IN REV/LAQ/ARB/7(35)2012-13 AND
REV/LAQ/ARB/7(971)/2013-14 DATED 11.08.2022 PASSED BY
THE ARBITRATOR IS HEREBY CONFIRMED, IN THE INTEREST OF
JUSTICE AND EQUITY AND ETC.,
IN MFA NO. 100380/2024
BETWEEN:
SRI. JAMBANALLI VENKOBANNA
S/O. SEETHAMMA BY HIS LRs.
1. SATYA NARAYANA S/O. J. VENKOBANNA,
AGED ABOUT 56 YEARS, OCC. AGRICULTURE,
R/O. H. NO.95, 33RD WARD,
JANBANALLI KERI, NEAR THAYAMMA TEMPLE,
HOSAPETE.
2. J. HANUMESH S/O. J. VENKOBANNA,
AGED ABOUT 54 YEARS, OCC. AGRICULTURE,
R/O. 33RD WARD, MYASAKERI,
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NEAR THAYAMMA TEMPLE, HOSAPETE.
3. AMBUJA D/O. VENKOBANNA JAMBANALLI,
AFTER MARRIAGE THARIHALLI AMBUJA,
AGED ABOUT 52 YEARS, OCC. HOUSEHOLD,
R/O. 33RD WARD, NEAR VALMIKI SCHOOL,
MYASAKERI, HOSAPETE.
4. SEETAMMA D/O. VENKOBANNA JAMBANALLI,
AFTER MARRIAGE H. SAVITHA W/O. H. ANJANEYA,
AGED ABOUT 50 YEARS,
OCC. HOUSEHOLD,
R/O. 33RD WARD, A.C. OFFICE ROAD,
NEAR TAYAMMA TEMPLE, HOSAPETE.
5. J. MANJUNATH S/O. VENKOBANNA,
AGED ABOUT 48 YEARS,
OCC. AGRICULTURE,
R/O. 33RD WARD, NEAR TAYAMMA TEMPLE,
JAMBANALLI KREI, VTC HOSAPETE.
6. DR. GOVINDA RAJ J S/O. VENKOBANNA J.,
AGED ABOUT 46 YEARS,
OCC. DOCTOR,
R/O. HOUSE NO.60, 4TH CROSS,
NEHARU COLONY, BALLARI.
APPELLANT NO.2 TO 6 R/BY
THEIR G.P.A. HOLDER 1
...APPELLANTS
(BY SMT. ARCHANA A. MAGADUM, ADV. FOR
SRI. ANANDKUMAR A. MAGADUM., ADV)
AND:
1. THE COMPETENT AUTHORITY AND
SPL. LAND ACQUISITION OFFICER
NATIONAL HIGHWAY AUTHORITY OF INDIA,
VIDYANAGAR, 5TH CROSS,
4TH MAIN ROAD,
OPPOSITE GANGAMMA TEMPLE,
BALLARI DISTRICT - 583 275 .
2. NATIONAL HIGHWAYS AUTHORITY OF INDIA
PROJECT IMPLEMENTATION UNIT,
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HOSAPETE, C-10, SHREE NILAYAM,
1ST MAIN,
2ND CROSS, BEHIND RTO OFFICE,
HOSAPETE - 583 104,
R/BY ITS GENERAL MANAGER.
3. THE DEPUTY COMMISSIONER
AND ARBITRATOR
UNDER NATIONAL HIGHWAYS ACT,
BALLARI, DC COMPOUND,
BALLARI - 583 103.
...RESPONDENTS
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR
SRI. RAKESH M. BILKI, ADV. FOR R2 IS
(APPEARED THROUGH V.C.);
SRI. SHARAD V. MAGADUM, AGA FOR R3;
SRI. SHIVASAI M. PATIL, ADV. FOR R1)
THIS MFA IS FILED U/S.37(1) (C) OF ARBITRATION AND
CONCILIATION ACT, 1996, PRAYING TO, CALL FOR RECORDS
AND PARTIALLY SET ASIDE THE JUDGMENT AND AWARD
PASSED BY LEARNED PRINCIPAL DISTRICT AND SESSIONS
JUDGE, BALLARI IN A.A. NO. 7/2022 DATED 09.10.2023 AND TO
SET ASIDE THE AWARD AND DECREE PASSED BY THE
ADDITIONAL DEPUTY COMMISSIONER AND ARBITRATOR UNDER
NATIONAL HIGHWAY AUTHORITY OF INDIA, BALLARI/
RESPONDENT NO. 3 IN CASE NO. LAQ/ARB/7(969) 2013-14
DATED 11.08.2022. TO CONSEQUENTLY GRANT ADDITIONAL
COMPENSATION OF 50% OVER AND ABOVE THE MARKET VALUE
AS PER CVC GUIDELINES. TO CONSEQUENTLY GRANT
STATUTORY BENEFITS AND INTEREST UNDER THE RIGHT TO
FAIR COMPENSATION TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT ACT, 2013 AND INTEREST
FROM DATE OF AWARD TO PAYMENT REALIZATION AND ETC.,
IN MFA NO. 100381/2024
BETWEEN:
SRI. DASANAL MALLAPA S/O. DODDA MALIYAPPA,
R/O: AMRAVATI VILLAGE, HOSPET TALUK,
BALLARI DISTRICT BY HIS LRS.
1. DASANAL MALLAMMA,
AGE. 58, OCC. HOUSEHOLD.
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2. DASANAL SHANKARAPPA,
AGE. 48, OCC. AGRICULTURE.
3. L. B. LAXMIDEVI,
AGE. 47, OCC. HOUSEHOLD.
4. DASANAL RENUKA W/O. BHARAMAPPA,
AGE. 35, OCC. HOUSEHOLD.
5. DASANAL HANUMANTHAPPA,
AGE. 44, OCC. AGRICULTURE.
6. DASANAL NIRMALA
AGE. 30, OCC. HOUSEHOLD,
ALL ARE R/O. HOUSE NO.3/1 18TH WARD
S.R.NAGAR, HOSPET,
APPELLANTS NO. 1 TO 4 & 6 ARE REPRESENTED BY
ITS GPA HOLDER, SRI. DASANAL HANUMANTHAPPA.
...APPELLANTS
(BY SMT. ARCHANA A. MAGADUM, ADV. FOR
SRI. ANANDKUMAR A. MAGADUM., ADV)
AND:
1. THE COMPETENT AUTHORITY &
SPL. LAND ACQUISITION OFFICER
NATIONAL HIGHWAY AUTHORITY OF INDIA
VIDYANAGAR, 5TH CROSS, 4TH MAIN ROAD,
OPP. GANGAMMA TEMPLE,
BALLARI DISTRICT - 583 275.
2. NATIONAL HIGHWAYS AUTHORITY OF INDIA
PROJECT IMPLEMENTATION UNIT, HOSPETE,
C-10, SHREE NILAYAM, 1ST MAIN, 2ND CROSS,
BEHIND RTO OFFICE, HOSAPETE - 583 104,
R/BY ITS GENERAL MANAGER.
3. THE DEPUTY COMMISSIONER AND ARBITRATOR
UNDER NATIONAL HIGHWAYS ACT, BALLARI, DC
COMPOUND, BALLARI - 583 103.
...RESPONDENTS
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR
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SRI. RAKESH M. BILKI, ADV. FOR R2 IS
(APPEARED THROUGH V.C.);
SRI. SHARAD V. MAGADUM, AGA FOR R3;
SRI. SHIVASAI M. PATIL, ADV. FOR R1)
THIS MFA IS FILED U/S.37(1) (C) OF ARBITRATION AND
CONCILIATION ACT, 1996, PRAYING TO, CALL FOR RECORDS
AND PARTIALLY SET ASIDE THE JUDGMENT AND AWARD
PASSED BY LEARNED PRINCIPAL DISTRICT AND SESSIONS
JUDGE, BALLARI IN A.A. NO. 6/2022 DATED 09.10.2023 AND TO
PARTIALLY SET ASIDE THE AWARD AND DECREE PASSED BY
THE ADDITIONAL DEPUTY COMMISSIONER AND ARBITRATOR
UNDER NATIONAL HIGHWAY AUTHORITY OF INDIA, BALLARI/
RESPONDENT NO. 3 IN CASE NO. LAQ/ARB/7(971) 2013-14
DATED 11.08.2022. TO CONSEQUENTLY GRANT ADDITIONAL
COMPENSATION OF 50% OVER AND ABOVE THE MARKET VALUE
AS PER CVC GUIDELINES. TO CONSEQUENTLY GRANT
STATUTORY BENEFITS AND INTEREST UNDER THE RIGHT TO
FAIR COMPENSATION TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT ACT, 2013 AND INTEREST
FROM DATE OF AWARD TO PAYMENT REALIZATION AND ETC.,
IN MFA NO. 100418/2024
BETWEEN:
SRI. T. YOUNIS S/O. SRI. HAJI T. AMEER,
AGED ABOUT 54 YEARS, OCC: AGRICULTURIST,
R/O :BESIDE SASYA SHAMALA SCHOOL,
SANKALAPUR, HOSAPETE - 583 201,
VIJAYANAGARA DISTRICT.
...APPELLANT
(BY SMT. ARCHANA A. MAGADUM, ADV. FOR
SRI. ANANDKUMAR A. MAGADUM., ADV)
AND:
1. NATIONAL HIGHWAYS AUTHORITY OF INDIA,
PROJECT IMPLEMENTATION UNIT, HOSAPETE,
C-10, SHREE NILAYAM, 1ST MAIN 2ND CROSS,
BEHIND RTO OFFICE, HOSAPETE 583 104,
R/BY ITS GENERAL MANAGER.
2. THE ARBITRATOR AND ADDITIONAL
DEPUTY COMMISSIONER,
BALLARI DISTRICT,
HUNGUND - HOSPET SECTION (NH-13),
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OFFICE OF THE DEPUTY COMMISSIONER
AND DISTRICT MAGISTRATE,
OPPOSITE RAILWAY STATION,
BALLARI, KARNATAKA - 583 101.
3. THE SPL. LAND ACQUISITION OFFICER
AND COMPETENT AUTHORITY,
NATIONAL HIGHWAY AUTHORITY OF INDIA
VIDYANAGAR, 4TH MAIN ROAD, 5TH CROSS,
OPPOSITE GANGAPRAMESHWARI KALYANA
MANTAPA, VIDYANAGAR,
BALLARI DISTRICT - 583 275,
R/BY THE SPECIAL LAND ACQUISITION OFFICER.
...RESPONDENTS
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR
SRI. RAKESH M. BILKI, ADV. FOR R1 IS
(APPEARED THROUGH V.C.);
SRI. SHARAD V. MAGADUM, AGA FOR R2;
SRI. SHIVASAI M. PATIL, ADV. FOR R3)
THIS MFA IS FILED U/S.37(1)(C) OF ARBITRATION AND
CONCILIATION ACT, 1996, PRAYING TO PARTIALLY SET ASIDE
THE JUDGMENT AND AWARD PASSED BY LEARNED PRINCIPAL
DISTRICT AND SESSION JUDGE, BALLARI IN A.A.NO.23/2022
DATED 07.10.2023 BY DELETING OPERATIVE PORTION OF THE
ORDER AND AWARD I.E. CONSEQUENTLY, THE AWARD IN
REV/LAQ/ARB/7(29)2012-13 AND REV/LAQ/ARB/7(968)/2013-14
AND REV/LAQ/ARB/7(972)/2013-14 AND DATED 04.07.2022
PASSED BY THE ARBITRATOR IS HEREBY CONFIRMED, IN THE
INTEREST OF JUSTICE AND EQUITY AND ETC.,
IN MFA NO. 100419/2024
BETWEEN:
SRI. T. YOUNIS S/O. SRI. HAJI T. AMEER,
AGED ABOUT 54 YEARS,
OCC: AGRICULTURIST,
R/O: BESIDE SASYA SHAMALA
SCHOOL, SANKALAPUR, HOSAPETE - 583 201,
VIJAYANAGARA DISTRICT.
...APPELLANT
(BY SMT. ARCHANA A. MAGADUM, ADV. FOR
SRI. ANANDKUMAR A. MAGADUM., ADV)
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AND:
1. NATIONAL HIGHWAYS AUTHORITY OF INDIA
PROJECT IMPLEMENTATION UNIT, HOSAPETE,
C-10, SHREE NILAYAM, 1ST MAIN,
2ND CROSS, VIVEKANAND NAGAR,
BEHIND RTO OFFICE, HOSAPETE - 583 104,
R/BY ITS GENERAL MANAGER.
2. THE ARBITRATOR AND ADDITIONAL DEPUTY
COMMISSIONER,
BALLARI DISTRICT,
HUNGUND HOSPET SECTION (NH-13)
OFFICE OF THE DEPUTY COMMISSIONER AND
DISTRICT MAGISTRATE,
OPPOSITE RAILWAY STATION,
BALLARI KARNATAKA - 583 101.
3. THE SPL. LAND ACQUISITION OFFICER
AND COMPETENT AUTHORITY,
NATIONAL HIGHWAY AUTHORITY OF INDIA
4TH MAIN ROAD, 5TH CROSS,
OPPOSITE GANGAPRAMESHWARI KALYANA
MANTAPA, VIDYANAGAR,
BALLARI DISTRICT - 583 275,
R/BY THE SPECIAL LAND ACQUISITION OFFICER.
...RESPONDENTS
(BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR
SRI. RAKESH M. BILKI, ADV. FOR R1 IS
(APPEARED THROUGH V.C.);
SRI. SHARAD V. MAGADUM, AGA FOR R2;
SRI. SHIVASAI M. PATIL, ADV. FOR R3)
THIS MFA IS FILED U/S.37(1)(C) OF ARBITRATION AND
CONCILIATION ACT, 1996, PRAYING TO PARTIALLY SET ASIDE
THE JUDGMENT AND AWARD PASSED BY LEARNED PRINCIPAL
DISTRICT AND SESSION JUDGE, BALLARI IN A.A.NO.22/2022
DATED 07.10.2023 BY DELETING OPERATIVE PORTION OF THE
ORDER AND AWARD I.E. CONSEQUENTLY, THE AWARD IN
REV/LAQ/ARB/7(23)2012-13 AND REV/LAQ/ARB/7(967)/2013-14
DATED 04.07.2022 PASSED BY THE ARBITRATOR IS HEREBY
CONFIRMED, IN THE INTEREST OF JUSTICE AND EQUITY AND
ETC.,
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THESE APPEALS, COMING ON FOR FURTHER HEARING THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
AND
HON'BLE MR. JUSTICE B. MURALIDHARA PAI
ORAL JUDGMENT
(PER: HON’BLE MR. JUSTICE M.I.ARUN)
The lands, which are the subject matter of the
instant appeals, were acquired by the National Highway
Authority of India (for short, ‘the NHAI’). Both the
landlosers as well as the NHAI were not satisfied by the
award passed by the Special Land Acquisition Officer, and
it resulted in they approaching the Additional Deputy
Commissioner, Ballari, who was the designated Arbitrator
by virtue of Section 3G(5) of the National Highways Act,
1956 (for short, ‘the NH Act‘). When the said challenge
was made, the Additional Deputy Commissioner, Ballari,
had the jurisdiction to try the same. After he had heard
the matter and reserved the same for orders, on
08.02.2021, district of Vijayanagara came to be carved out
of Ballari District. On 12.04.2022, the Deputy
Commissioner, Vijayanagara was appointed as an
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Arbitrator for adjudicating the dispute pertaining to the
landlosers and the NHAI in respect of the territories which
fell within the revenue district of Vijayanagara. The lands
concerned come within the revenue district of
Vijayanagara. Hence, by virtue of the aforementioned
Notifications, the Additional Deputy Commissioner, Ballari
became functus officio and he had no authority to decide
on the issue. However, the impugned orders have been
passed on 04.07.2022 and on 11.08.2022 by the
Additional Deputy Commissioner, Ballari.
2. The aforementioned impugned orders were
challenged under Section 34 of the Arbitration and
Conciliation Act, 1996 before the jurisdictional District
Judge by the NHAI. The said challenge has been dismissed
by the District Court, confirming the order passed by the
Additional Deputy Commissioner, Ballari. It is submitted
that the landlosers also challenged the arbitral awards in
separate proceedings before the same Court under Section
34 of Arbitration and Conciliation Act, 1996. The said
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petitions filed for enhancement of compensation also came
to be dismissed. Aggrieved by the same, NHAI has
preferred M.F.A. Nos.100086/2024, 100108/2024,
100109/2024, 100211/2024, 100212/2024, and
100213/2024. The landlosers have preferred M.F.A.
Nos.105458/2023, 105460/2023, 105463/2023,
100307/2024, 100336/2024, 100377/2024, 100378/2024,
100379/2024, 100380/2024, 100381/2024, 100418/2024
and 100419/2024.
3. The case of the NHAI is that the order passed
by the Arbitrator is a nullity because it has been passed
without jurisdiction and hence, all the orders passed by
the Arbitrator as well as the District Court are required to
be set aside and the matter should be remanded back to
the jurisdictional Deputy Commissioner, Vijayanagara, who
is now the jurisdictional Arbitrator.
4. Per contra, the counsel for the landlosers
submits that though the Additional Deputy Commissioner,
Ballari, did not have the jurisdiction to pass an award as
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on the date of passing the same, the same has been
accepted by the NHAI. It is further submitted that they did
not raise the issue before the District Court and, in fact,
they have preferred appeals before the District Court,
Ballari, instead of District Court at Hosapete. If they
intended to take up the said contention, then, in that
event, they ought to have filed it before District Court,
Hosapete and not District Court at Ballari. It is also
submitted that the District Court, Ballari did not pass a
common order on the appeals filed by the NHAI and the
landlosers, but passed two separate orders, and the NHAI
has challenged only the order passed on the application
filed by them and not on the application filed by the
landlosers. Thus, it is contented that, this amounts to res
judicata and the NHAI cannot ask for reduction of
compensation and the only issue to be decided by this
Court is, whether the compensation granted in favour of
the landlosers must be enhanced or not.
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5. Reliance is placed on the judgment of the Apex
Court passed in Sri Gangai Vinayagar Temple v.
Meenakshi Ammal1, wherein, at paragraphs, 8, 9, 26, 27,
32 to 33, it has been held as under:
8. Lonankutty Lonankutty v. Thomman,
[(1976) 3 SCC 528] concerned a dispute between
two owners of adjacent lands. The land of the
appellant was bounded on two sides by a river
while the land of the respondents was landlocked,
which prompted the respondents to construct a
bund with sluice-gates on the border of their lands,
so that they could draw water from the appellant’s
land for the purposes of fishing and agriculture and
thereafter divert the water back through the same
land to the river. The appellant who was cultivating
prawn fishing on his land aggrieved by the
construction of the bund believing it to have
hampered his prawn fishing; therefore, he filed a
suit for perpetual and mandatory injunction against
the respondents. The respondents in turn filed a
suit for injunction against the appellants and
claimed the rights of easement. The two suits were
disposed of separately by the Court of Munsif and
decrees were passed in both the suits to the effect
that the respondents were to have rights of1
(2015) 3 SCC 624
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easement only with respect to agriculture but not
for fishing. From the decrees, two sets of appeals
were preferred by both the parties, leading to four
appeals altogether. The District Court dismissed all
the appeals and thereby confirmed the decrees. The
respondents then filed second appeals against the
decisions which arose from the appellant’s suit but
no second appeal was preferred from the appeals
arising from their own suit.
9. Before the High Court in second appeal,
the appellant in Lonankutty
case [Lonankutty v. Thomman, (1976) 3 SCC 528]
promptly pressed the preliminary objection of res
judicata contending that the decrees passed by the
District Court in the appeals arising from the
respondents’ suit had become final. The High Court,
however, was not impressed with that contention,
primarily keeping the case
of Narhari [Narhari v. Shanker, 1950 SCC 668 : AIR
1953 SC 419] in perspective, and remanded the
matter to the District Court after setting aside the
judgment and decree of the District Court. The
District Court in remand confirmed the previous
view taken by it, against which the respondent
again filed a second appeal in the High Court which
was allowed, resulting in filing of an SLP by the
appellant. The sole and central issue canvassed
before this Court was whether the respondents’
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right to divert the flow of water through the
appellant’s land for fishing purposes is barred by
res judicata, and this Court answered in the
affirmative. This Court concluded that the
respondents, by not filing further appeals against
the decree passed by the District Court in the
appeals arising out of their own suit allowed that
decision to become final and conclusive. It observed
further : (Lonankutty
case [Lonankutty v. Thomman, (1976) 3 SCC 528]
, SCC pp. 534-35, paras 19 & 22)
“19. … That decision, not having
been appealed against, could not be
reopened in the second appeal arising
out of the appellant’s suit. The issue
whether respondents had the
easementary right to the flow of water
through the appellant’s land for fishing
purposes was directly and substantially in
issue in the respondent’s suit. That issue
was heard and finally decided by the
District Court in a proceeding between
the same parties and the decision was
rendered before the High Court decided
the second appeal.
***
22. The circumstance that the
District Court disposed of the four
appeals by a common judgment cannot
affect the application of Section 11…. The
failure of the respondents to challenge
the decision of the District Court insofar
as it pertained to their suits attracts the
application of Section 11 because to the
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extent to which the District Court decided
issues arising in the respondents’ suit
against them, that decision would
operate as res judicata since it was not
appealed against.”
26. On the other hand, the verdict of Full
Bench of the Allahabad High Court
in Zaharia v. Debia [ILR (1911) 33 All 51] and
decisions of the Calcutta High Court in Isup
Ali v. Gour Chandra Deb [37 Cal LJ 184 : AIR 1923
Cal 496] and of the Patna High Court in Gertrude
Oates v. Millicent D’Silva [ILR (1933) 12 Pat 139 :
AIR 1933 Pat 78] are of the contrary persuasion.
These decisions largely proceeded on the
predication that the phraseology “suit” is not limited
to the court of first instance or trial court but
encompasses within its domain proceedings before
the appellate courts; that non-applicability of res
judicata may lead to inconsistent decrees and
conflicting decrees, not only due to multiplicity of
decrees but also due to multiplicity of the parties,
and thereby creating confusion as to which decree
has to be given effect to in execution; that a decree
is valid unless it is a nullity and the same cannot be
overruled or interfered with in appellate
proceedings initiated against another decree; that
the issue of res judicata has to be decided with
reference to the decrees, which are appealable
under Section 96 CPC and not with reference to the
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judgment (which has been defined differently), but
with respect to decrees in CPC; that non-
confirmation of a decree in appellate proceedings
has no consequence as far as it reaching finality
upon elapsing of the limitation period is concerned
in view of Explanation II of Section 11, which
provides that the competence of a court shall be
determined irrespective of any provisions as to
right of appeal from the decision of such court; and
that Section 11 CPC is not exhaustive of the
doctrine of res judicata, which springs up from the
general principles of law and public policy.
27. Procedural norms, technicalities and
processual law evolve after years of empirical
experience, and to ignore them or give them short
shrift inevitably defeats justice. Where a common
judgment has been delivered in cases in which
consolidation orders have specifically been passed,
we think it irresistible that the filing of a single
appeal leads to the entire dispute becoming sub
judice once again. Consolidation orders are passed
by virtue of the bestowal of inherent powers on the
courts by Section 151 CPC, as clarified by this Court
in Chitivalasa Jute Mills v. Jaypee Rewa
Cement [(2004) 3 SCC 85] . In the instance of suits
in which common issues have been framed and a
common trial has been conducted, the losing party
must file appeals in respect of all adverse decrees
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founded even on partially adverse or contrary
speaking judgments. While so opining we do not
intend to whittle down the principle that the
appeals are not expected to be filed against every
inconvenient or disagreeable or unpropitious or
unfavourable finding or observation contained in a
judgment, but that this can be done by way of
cross-objections if the occasion arises. The decree
not assailed thereupon metamorphoses into the
character of a “former suit”. If this is not to be so
viewed, it would be possible to set at naught a
decree passed in Suit A by only challenging the
decree in Suit B. Law considers it an anathema to
allow a party to achieve a result indirectly when it
has deliberately or negligently failed to directly
initiate proceedings towards this purpose. Laws of
procedure have picturesquely been referred to as
handmaidens to justice, but this does not mean
that they can be wantonly ignored because, if so
done, a miscarriage of justice inevitably and
inexorably ensues. The statutory law and the
processual law are two sides of the judicial
drachma, each being the obverse of the other. In
the case in hand, had the tenant diligently filed an
appeal against the decree at least in respect of OS
No. 5 of 1978, the legal conundrum that has
manifested itself and exhausted so much judicial
time, would not have arisen at all.
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32. The application of res judicata, so very
often, conjures up controversies, as is evident from
the fact that even in this Court divergent opinions
were expressed by the two-Judge Bench, leading to
the necessity of referring [Gangai Vinayagar
Temple v. Meenakashi Ammal, (2009) 9 SCC 757 :
(2009) 3 SCC (Civ) 885] the appeal to a larger
Bench. It was for this reason that we thought it
appropriate to deal with the dispute in detail. It
seems to us that had the decisions of the three-
Judge Bench
in Lonankutty [Lonankutty v. Thomman, (1976) 3
SCC 528] and Prabhu [Narayana Prabhu
Venkateswara Prabhu v. Narayana Prabhu Krishna
Prabhu, (1977) 2 SCC 181] been brought to the
attention of our learned and esteemed Brothers on
the earlier occasion when this appeal was heard by
the two-Judge Bench, the dichotomy in opinion
would not have arisen. The outcome of the appeal
before the High Court would have also shared a
similar fate.
33. On the foregoing analysis, especially the
previous enunciation of law by the three coordinate
Benches, we are in agreement with the opinion of
our learned Brother Asok Kumar Ganguly that the
appeal calls to be allowed. We are of the opinion
that having failed or neglected or concertedly
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avoided filing appeals against the decrees in OS No.
5 of 1978 and OS No. 7 of 1978 the cause of the
respondent tenants was permanently sealed and
foreclosed since res judicata applied against them.
We accordingly allow this appeal but keeping the
varying verdicts in view decline from making any
order as to costs.”
6. Reliance is also placed on the judgment of the
Apex Court in Union of India v. Susaka (P) Ltd.2, wherein
at paragraphs 24 to 27 and 33, it has been held as under:
“24. Though we find that the appellant raised
this ground, for the first time, in Section 34
proceedings [see Ground (cc)] before the Single
Judge but again this ground was not pressed at the
time of arguments. It is clear from the perusal of
the Single Judge’s order. Not only that, the
appellant again did not raise this plea before the
Division Bench.
25. In the light of the aforementioned
factual scenario emerging from the record of the
case, we cannot grant any indulgence to the
appellant (Union of India) to raise such plea for the
first time here. In our view, it is a clear case of2
(2018) 2 SCC 182
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waiver or/and abandonment of a plea at the initial
stage itself.
26. Everyone has a right to waive and to
agree to waive the advantage of a law made solely
for the benefit and protection of the individual in his
private capacity, which may be dispensed with
without infringing any public right or public
policy. Cuilibet licet renuntiare juri pro se
introducto. (See Maxwell on The Interpretation of
Statutes, 12th Edn. at p. 328)
27. If a plea is available, whether on facts
or law, it has to be raised by the party at an
appropriate stage in accordance with law. If not
raised or/and given up with consent, the party
would be precluded from raising such plea at a later
stage of the proceedings on the principle of waiver.
If permitted to raise, it causes prejudice to other
party. In our opinion, this principle applies to this
case.
33. It is a well-settled principle in
Arbitration Law that the award of an Arbitral
Tribunal once passed is binding on the parties. The
reason being that the parties having chosen their
own arbitrator and given him an authority to decide
the specific disputes arising between them must
respect his decision as far as possible and should
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not make any attempt to find fault in each issue
decided by him only because it is decided against
one party. It is only when the issue decided is
found to be bad in law in the light of any of the
specified grounds set out in Section 34 of the Act,
the Court may consider it appropriate to interfere in
the award else not. The case at hand falls in the
former category.”
7. Reliance is also placed on the decision of the
Apex Court Gas Authority of India Ltd. v. Keti
Construction (I) Ltd.3. At paragraphs 24 and 25, the Apex
Court has held as under:
” 24. The whole object and scheme of the Act is to
secure an expeditious resolution of disputes. Therefore, where
a party raises a plea that the Arbitral Tribunal has not been
properly constituted or has no jurisdiction, it must do so at
the threshold before the Arbitral Tribunal so that remedial
measures may be immediately taken and time and expense
involved in hearing of the matter before the Arbitral Tribunal
which may ultimately be found to be either not properly
constituted or lacking in jurisdiction, in proceedings for setting
aside the award, may be avoided. The commentary on Model
Law clearly illustrates the aforesaid legal position.
25. Where a party has received notice and he does
not raise a plea of lack of jurisdiction before the Arbitral
Tribunal, he must make out a strong case why he did not do3
(2007) 5 SCC 38
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so if he chooses to move a petition for setting aside the award
under Section 34(2)(a)(v) of the Act on the ground that the
composition of the Arbitral Tribunal was not in accordance
with the agreement of the parties. If plea of jurisdiction is not
taken before the arbitrator as provided in Section 16 of the
Act, such a plea cannot be permitted to be raised in
proceedings under Section 34 of the Act for setting aside the
award, unless good reasons are shown.”
8. The points that arise for consideration in the
instant cases are:
(i) The effect of the orders passed by the
Additional Deputy Commissioner, Ballari,
after he became functus officio.
(ii) The effect of National Highway Authorities
not challenging the orders passed by the
District Court on the application filed by
the landlosers before this Court.
9. Admittedly, by operation of law, the Additional
Deputy Commissioner, Ballari, who passed the arbitral
awards in respect of the lands which are the subject
matter in the instant cases, did not have a jurisdiction to
do so and had become functus officio.
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10. Section 3G(5) of the NH Act reads as under:
3G. Determination of amount payable as
compensation.–(1) x x x x.
(5) If the amount determined by the competent
authority under sub-section (1) or sub-section (2) is not
acceptable to either of the parties, the amount shall, on
an application by either of the parties, be determined by
the arbitrator to be appointed by the Central
Government–
11. The Government of India, by its order dated
22.07.2011, has appointed Deputy Commissioner, Ballari,
to act as an Arbitrator for the cases arising out of revenue
district of Ballari in respect to lands acquired for the
purposes of National Highway. The said order reads as
under:
GOVERNMENT OF INDIA
MINISTRY OF ROAD TRANSPORT AND HIGHWAYSTransport Bhavan,
No.1, Parliament Street,
New Delhi-110001.
No. NHAI/11013/LA/KNT/Appointment of Arbitrator –
Dated 22 July 2011
ORDER
In pursuance of Sub-Section (5) of Section 3G of the
National Highways Act, 1956 (48 of 1956), the Central
Government hereby appoints the Officers mentioned in
column (2) of the Table below, to be Arbitrator for the
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purposes of the said Sub-section who shall exercise the
powers conferred and perform the duties imposed, on
Arbitrators by or under the said Act within the local limits of
their respective jurisdiction as specified in column (3) and (4)
of the said table. Sub-section (6) and (7) of Section 3(G) of
the Act shall be taken into consideration while passing
awards by the Arbitrator.
Table
Sl. Revenue
Designation of the Officer State
No. District
(1) (2) (3) (4)
1 Deputy Commissioner, Karwar Uttar Kannada Karnataka
2 Deputy Commissioner, Gadag Gadag Karnataka
3 Deputy Commissioner, Bellary Bellary Karnataka
4 Deputy Commissioner, Koppal Koppal Karnataka
5 Deputy Commissioner, Bijapur Bijapur Karnataka
6 Deputy Commissioner, Bagalkot Bagalkot Karnataka
7 Deputy Commissioner, Gulbarga Gulbarga Karnataka
8 Deputy Commissioner, Bidar Bidar Karnataka
12. By Notification dated 07.01.2019, the following
order has been passed:
“Ministry of Road Transport and Highways
Amendment order
New Delhi, the 7th January, 2019S.O.85(E).-In pursuance of Sub-Section (5) of
Section 3G of the National Highways Act, 1956 (48 of
1956), the Central Government hereby makes the following
amendment in the order of Government of India in the
Ministry of Road Transport & Highways issued vide
No.NHAI/11013/LA/KNT/Appointment of Arbitrator dated
22.07.2011.
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In the table of the aforesaid order against Sl.No.3
relating to designation of officer in column (2), for the entry
“Deputy Commissioner”, Bellary” the entry Additional
Deputy Commissioner, Bellary, shall be substituted.
[F.No.NHAI/11013/LA/RO-BNG/2018/Amendment of
Architecture]
13. On 08.02.2021, by a Gazette Notification, the
State of Karnataka carved district of Vijayanagar from the
district of Ballari. The Notification reads as under:
GOVERNMENT OF KARNATAKA
NO: RD/04/LRD/2019 Karnataka Government Secretariat
M.S. Building
Bengaluru, Date: 08.02.2021NOTIFICATION
Whereas the draft of notification No. RD 04 LRD 2019,
dated 14.12.2020, regarding alteration of the limits of Ballari
District to constitute a new district called as Vijayanagara District
was published as required by section 6 of the Karnataka Land
Revenue Act, 1964 (Karnataka Act 12 of 1964) in Part IV-A of
the Karnataka Gazette Extra-ordinary, dated: 14-12-2020 inviting
objections or suggestions from all the persons likely to be
affected thereby within one month from the date of its publication
in the Official Gazette.
And whereas, the said Gazette was made available to
the public on 14.12.2020.
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And whereas objections and suggestions received in this
behalf have been considered by the State Government.
Now, therefore, in exercise of the powers conferred by
sub-section (4) of section 4 of the Karnataka Land Revenue Act,
1964 (Karnataka Act 12 of 1964), the Government of Karnataka
hereby alters the limits of Ballari district and constitutes the new
district called as Vijayanagara district as specified in the
schedules, namely:-
SCHEDULE-I
The taluks specified in column No. (3) of the table below,
shall be excluded from the limits of the district specified in
column No.(2) and the same shall be included within the limits of
new district specified in column No. (4) and its head quarter shall
be as specified in column No. (5) thereof,-
TABLE
Sl. District Name of the taluks New District Headquarter
No.
(1) (2) (3) (4) (5)
1 Ballari (1) Hosapete Vijayanagara Hosapete
(2) Kudligi
(3) Hagaribommanahalli
(4) Kotturu
(5) Hoovina Hadagali
(6) Harapanahalli
Boundary details of newly formed Vijayanagara District,
after alteration of the limits of Ballari District.
East: Chitradurga and Ballari District West: Gadag and Haveri District
North: Koppala District South: Harihara and Davanagere
taluks of Davanagere
District
14. Thereafter, under Section 3G of the NH Act,
power is vested with Deputy Commissioner of
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Vijayanagara and, in this regard, the Notification dated
12.04.2022 is issued by the Central Government which
reads as under:
“MINISTRY OF ROAD TRANSPORT AND HIGHWAYS
NOTIFICATION
New Delhi, the 12th April, 2022S.O.1789(E).-In pursuance of Sub-Section (5) of Section
3G of the National Highways Act, 1956 (48 of 1956), the Central
Government hereby appoints the Officer mentioned in column
(2) of the Table below, to be Arbitrator for the purpose of the said
sub-section, who shall exercise the powers conferred and
perform the duties imposed, on an Arbitrator by or under the said
Act within the local limits of his respective jurisdiction as
specified in column (3) and (4) of the said Table. Sub-Section
(6) & (7) of Section-3G of the Act shall be taken into
consideration while passing awards by the Arbitrator.
TABLE
Sl. No. Designation of the Revenue State
Officer District
(1) (2) (3) (4)
1 Deputy Commissioner, Vijayanagara Karnataka
(F. No.NHAI/KAR-RO BNG/Vijayanagara/Arbitrator)
15. The aforementioned Notifications make it clear
that Additional Deputy Commissioner, Ballari, who has
passed the arbitral awards, had no jurisdiction as on
04.07.2022 and 11.08.2022.
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16. Section 14(1) of the Arbitration and Conciliation
Act reads as under:
“14. Failure or impossibility to act.- (1) The
mandate of an Arbitrator shall terminate and he
shall be substituted by another Arbitrator, if –
(a) he becomes de jure or de facto unable to
perform his functions or for other reasons
fails to act without undue delay; and
(b) he withdraws from his office or the
parties agree to the termination of his
mandate.
Thus, the Additional Deputy Commissioner, Ballari, had
become functus officio as on the date of passing of the
arbitral awards and he had become de jure unable to
perform his function as an Arbitrator.
17. The judgment of the Apex Court at Gas
Authority of India Ltd. (supra) and Susaka (P) Ltd.
(supra) does not come to the rescue of the landlosers,
because the aforementioned judgments have been
pronounced in respect of Section 16 of the Arbitration and
Conciliation Act.
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18. Under normal circumstances, in case of any
dispute, an Arbitrator is appointed by the consent of the
parties. Consent of the parties forms the basis of an
arbitration agreement and appointment of an Arbitrator.
Another object of Arbitration and Conciliation Act is quick
disposal of the cases. Thus, even if an Arbitrator does not
have the necessary jurisdiction, as originally contemplated
in the arbitral agreement entered into between the parties,
if the parties subsequently accept the said Arbitrator and
does not take up the contention as to his competence at
the earliest, they are prohibited from subsequently raising
the said ground.
19. However, in the instant case, the Arbitrator is
appointed not by consent of the parties but because of the
operation of the statute viz., under Section 3G(5) of the
NH Act and the relevant Notification issued by Central
Government.
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20. Under the circumstances, even if the NHAI and
a landloser, voluntarily agree that any other Deputy
Commissioner other than the one who has been conferred
jurisdiction upon or any other third party has to decide
about enhancement of the compensation, he is
incompetent to do so. Thus, the order passed by the
Additional Deputy Commissioner, Ballari, has to be
considered a nullity.
21. Once the order passed by Additional Deputy
Commissioner, Ballari, is considered a nullity, the question
of validating the orders passed by the District Court,
Ballari in respect of the amount of compensation payable
to the landloser, wherein the Court has not dealt with the
competence of the Deputy Commissioner, Ballari, is liable
to be set aside irrespective of whether the NHAI has
challenged the same in its appeal before this Court. It has
to be noted that the relevant decision has been challenged
by the landlosers in the instant case and it gives the
jurisdiction for this Court to pronounce on the same.
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22. Hence, the following:
ORDER
(i) The order passed by Principal District and Sessions
Judge, Ballari, in A.A. Nos.22/2022, 23/2022, (dated
07.10.2023); A.A. Nos.25/2022, 1/2023, 2/2023,
24/2022 (dated 13.10.2023) A.A. Nos.12/2022,
13/2022, 14/2022 (dated 25.09.2023);
A.A.Nos.5/2022, 6/2022, 7/2022, 8/2022 (dated
09.10.2023) are hereby set aside;
(ii) The orders dated 04.07.2022 passed by the
Additional Deputy Commissioner, Ballari, in the
following cases are hereby set aside:
REV/LAQ/ARB/07(29)/2012-13,
REV/LAQ/ARB/07(968)/2013-14,
REV/LAQ/ARB/07(972)/2013-14,
REV/LAQ/ARB/7(23)/2012-13,
REV/LAQ/ARB/7(967)/2013-14and the orders dated 11.08.2022 passed by the
Additional Deputy Commissioner, Ballari, in the
following cases are hereby set aside:
REV/LAQ/ARB/07(39)/2012-13,
REV/LAQ/ARB/7(971)/2013-14,
REV/LAQ/ARB/07(44)/2012-13,
REV/LAQ/ARB/07(970)/2013-14,
REV/LAQ/ARB/07(35)/2012-13,
REV/LAQ/ARB/07(7)/2012-13,
REV/LAQ/ARB/07(969)/2013-14
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(iii) The matter stands remanded to Deputy
Commissioner, Vijayanagara, with a direction to hear
the parties concerned and pass appropriate orders in
accordance with law.
(iv) Parties are directed to appear before the Deputy
Commissioner, Vijayanagar, on 16th March 2026
without waiting for further notice in this regard.
(v) Taking into consideration that the arbitration is of the
acquisition of the year 2009, the Deputy
Commissioner, Vijayanagara, is directed to decide
the matter within four months thereafter.
(vi) The appeals stand disposed of accordingly.
Pending interlocutory applications, if any, stand
disposed of as not surviving for consideration.
Sd/-
(M.I.ARUN)
JUDGE
Sd/-
(B. MURALIDHARA PAI)
JUDGE
KMS / CT: ASC
List No.: 2 Sl No.: 36