Disposed

Dasanal Mallappa S/O D.D.Maliappa v. National Highway Authority of India

Karnataka HC22 Feb 2013WP/76051/2013

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition concerning land acquisition compensation. It directed the First Respondent to release 80% of the award amount if the Deputy Commissioner and Arbitrator's order under Section 3G(5) of the National Highways Act, 1956 has attained finality, within six weeks.

What did the court decide?

Direct the First Respondent to release 80% of the award amount as per the Deputy Commissioner and Arbitrator's final order within six weeks.

Dasanal Mallappa S/O D.D.Maliappa Vs National Highway… — Land Acquisition | Karnataka HC (2013)

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IN THE HIGH COURT OF KARNATAKA

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CIRCUIT BENCH AT DHARWAD

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DATED THIS THE 22^ND DAY OF FEBRUARY 2013

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BEFORE

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THE HON’BLE MR. JUSTICE ASHOK B. HINCHIGERI

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WRIT PETITION No. 76051/2013 (LA-RES)

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BETWEEN :

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DASANAL MALLAPPA S/O. D.D.MALIAPPA AGE: ABOUT 45 YEARS, OCC: AGRICULTURE, R/O.AMARAVATHI VILLAGE, TQ: HOSPET, DIST: BELLARY.

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.. PETITIONER

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(BY SRI : M. M. PATIL, ADVOCATE)

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AND :

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NATIONAL HIGHWAY AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT II CROSS, SATTUR COLONY VIDYAGIRI, DHARWAD-580001 REPRESENTED BY GENERAL MANAGER (TECH) & PROJECT DIRECTOR.

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THE SPECIAL LAND ACQUISITION OFFICER NATIONAL HIGHWAY AUTHORITY OF INDIA, HOUSE NO.1032A,

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NEAR SAI AND HARIPRIYA APARTMENTS SHRI SAI BABA ROAD, HOSPET-583201.

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... RESPONDENTS

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(BY SMT. H. R. BENTUR, ADVOCATE FOR R-1; SRI A.G. MALDAR, H.C.G.P. FOR R-2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 2ND RESPONDENT TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONER DTD.20.12.2012 AS PER ANNEXURE-E AND RELEASE 80% OF THE AWARD AMOUNT.

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

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O R D E R

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Sri A.G. Maldar, the learned H.C.G.P. is directed to take notice for the second respondent.

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The petitioner’s grievance is over not releasing the compensation amounts.

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Sri M.M. Patil, the learned counsel for the petitioner submits that the petitioner has submitted a representation dated 20.12.2012 (Annexure-E) seeking a direction to release 80% of the award amounts pursuant to the Division Bench judgment

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dated 10.12.2012 passed in W.A. Nos. 31337-31339/2012 in respect of the similarly placed land losers.

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Smt. H.R. Bentur, the learned counsel for first respondent submits that the amounts cannot be released in terms of the said Division Bench judgment. Because, the said Division Bench judgment was passed when the arbitration proceedings were pending. In the instant case, the award passed by the Competent Authority is set aside by the Deputy Commissioner and the Arbitrator.

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On hearing the learned advocates, I dispose of this petition with a direction to the first respondent to release the amounts to the petitioner as per the Deputy Commissioner and Arbitrator’s order passed under Section 3G(5) of the National Highways Act, 1956, within a period of six weeks, if the same has attained the finality.

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Sd/JUDGE

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hnm/

Dasanal Mallappa S/O D.D.Maliappa v. National Highway Authority of India

Case brief

What is this about?

What did the court decide?

Dasanal Mallappa S/O D.D.Maliappa v. National Highway Authority of India

Case brief

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