Dismissed

Sri.H.C. Kumaraswamy v. Special Land

Karnataka HC19 Jul 2021MFA/5302/2019

Case brief

AI extract

What is this about?

Appeals under Section 37[1][c] of the Arbitration and Conciliation Act, 1996 against orders dismissing Section 34 petitions challenging arbitral awards on compensation for lands acquired under the National Highways Act, 1956. The court held that a land loser cannot seek enhancement of arbitrator-determined compensation under Section 34, found no perversity or patent illegality, and dismissed the a

What did the court decide?

Appeals dismissed with liberty to the appellants/claimants to seek redressal of their grievance in accordance with law before the appropriate Forum, if entitled and advised to do so.

Sri.H.C. Kumaraswamy Vs Special Land — Arbitration | Karnataka HC (2021)

¶1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶2

DATED THIS THE 19^TH DAY OF JULY, 2021

¶3

PRESENT

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THE HON’BLE MRS.JUSTICE S.SUJATHA

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AND

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THE HON’BLE MR. JUSTICE E.S.INDIRESH

¶7

M.F.A.No.5302/2019 c/w M.F.A.No.5305/2019, M.F.A.No.5304/2019, M.FA.No.5306/2019, M.FA.No.5308/2019, M.FA.No.5309/2019, M.FA.No.5311/2019, M.FA.No.5313/2019, M.FA.No.5314/2019, M.FA.No.5315/2019, M.FA.No.5316/2019, M.FA.No.5317/2019, M.FA.No.5318/2019, M.FA.No.5321/2019, M.FA.No.5325/2019, M.FA.No.5326/2019, M.FA.No.5327/2019, M.FA.No.5329/2019, M.FA.No.5332/2019, M.FA.No.5307/2019, M.FA.No.5319/2019, M.FA.No.5324/2019,

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M.F.A.No.5330/2019 & M.F.A.No.5331/2019(AA)

¶9

IN M.F.A.No.5302/2019

¶10

BETWEEN :

¶11

SRI. H.C. KUMARASWAMY S/O LATE H.M. CHANDRASHEKARAPPA AGED 63 YEARS, R/O “CHANDRA” NEAR RMC COMPOUND, VINOBANAGAR SHIVAMOGGA CITY-577 204

¶12

...APPELLANT

¶13

(BY SRI JAYAKUMAR S PATIL, Sr.COUNSEL A/W SRI PRUTHVI WODEYAR, ADV.)

¶14

AND :

¶15

SPECIAL LAND ACQUISITION OFFICER AND

¶16

¶17

THE COMPETENT AUTHORITY NATIONAL HIGHWAYS-13 CHITRADURGA SHIVAMOGGA SECTION K.R. CIRCLE, BENGALURU-560 001.

¶18

EXECUTIVE ENGINEER AND MANAGER TECHNICAL AND PPP CELL NATIONAL HIGHWAYS SHIVAMOGGA – 577204.

¶19

THE DEPUTY COMMISSIONER AND THE DISTRICT MAGISTRATE SHIVAMOGGA AND THE SOLE ARBITRATOR NATIONAL HIGHWAYS ACT SHIVAMOGGA-577201. …RESPONDENTS

¶20

(BY SRI K DILIP KUMAR, HCGP)

¶21

THIS M.F.A. IS FILED UNDER SECTION 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, AGAINST THE JUDGMENT AND ORDER DATED 29.03.2019, PASSED IN A.S.NO.8/2018, ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, SHIVAMOGGA, DISMISSING THE PETITION FILED UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT, 1996.

¶22

IN M.F.A.No.5305/2019

¶23

BETWEEN :

¶24

SMT. SHOBHARANI C.R. AGED 42 YEARS W/O L. RAMESH R/O “GIRIJA” 100 FT.ROAD GANDHI NAGARA SHIVAMOGGA CITY-577201. ...APPELLANT

¶25

(BY SRI JAYAKUMAR S PATIL, Sr.COUNSEL A/W SRI PRUTHVI WODEYAR, ADV.)

¶26

¶27

AND :

¶28

SPECIAL LAND ACQUISITION OFFICER AND THE COMPETENT AUTHORITY NATIONAL HIGHWAYS-13 CHITRADURGA SHIVAMOGGA SECTION K.R. CIRCLE BENGALURU-560 001.

¶29

EXECUTIVE ENGINEER AND MANAGER TECHNICAL AND PPP CELL NATIONAL HIGHWAYS SHIVAMOGGA – 577204.

¶30

THE DEPUTY COMMISSIONER AND THE DISTRICT MAGISTRATE SHIVAMOGGA AND THE SOLE ARBITRATOR NATIONAL HIGHWAYS ACT SHIVAMOGGA-577201. …RESPONDENTS

¶31

(BY SRI K DILIP KUMAR, HCGP)

¶32

THIS M.F.A. IS FILED UNDER SECTION 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, AGAINST THE JUDGMENT AND ORDER DATED 01.04.2019, PASSED IN A.S.NO.16/2018, ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, SHIVAMOGGA, DISMISSING THE PETITION FILED UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT, 1996.

¶33

IN M.F.A.No.5304/2019

¶34

BETWEEN :

¶35

SRI H C KUMARASWAMY AGED 63 YEARS S/O LATE H.M. CHANDRASHEKARAPPA R/O “CHANDRA”

¶36

¶37

NEAR RMC COMPOUND VINOBANAGAR SHIVAMOGGA CITY-577204.

¶38

...APPELLANT

¶39

(BY SRI JAYAKUMAR S PATIL, Sr.COUNSEL A/W SRI CHANDRAKANTH R PATEL, ADV.)

¶40

AND :

¶41

SPECIAL LAND ACQUISITION OFFICER AND THE COMPETENT AUTHORITY NATIONAL HIGHWAYS-13 CHITRADURGA SHIVAMOGGA SECTION K.R. CIRCLE BENGALURU-560 001.

¶42

EXECUTIVE ENGINEER AND MANAGER TECHNICAL AND PPP CELL NATIONAL HIGHWAYS SHIVAMOGGA – 577204.

¶43

THE DEPUTY COMMISSIONER AND THE DISTRICT MAGISTRATE SHIVAMOGGA AND THE SOLE ARBITRATOR NATIONAL HIGHWAYS ACT SHIVAMOGGA-577201. …RESPONDENTS

¶44

(BY SRI K DILIP KUMAR, HCGP)

¶45

THIS M.F.A. IS FILED UNDER SECTION 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, AGAINST THE JUDGMENT AND AWARD DATED 29.03.2019, PASSED IN A.S.NO.09/2018, ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, SHIVAMOGGA, DISMISSING THE PETITION FILED UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT, 1996.

¶46

¶47

IN M.F.A.No.5306/2019

¶48

BETWEEN :

¶49

SRI H N DEVARAJ AGED 58 YEARS S/O H.R. NEELAKANTAPPA R/O “BENAKA” NEAR VINAYAKA PARK BASAVANAGUDI SHIVAMOGGA CITY-577201. ...APPELLANT

¶50

(BY SRI JAYAKUMAR S PATIL, Sr.COUNSEL A/W SRI CHANDRAKANTH R PATEL, ADV.)

¶51

AND :

¶52

SPECIAL LAND ACQUISITION OFFICER AND THE COMPETENT AUTHORITY NATIONAL HIGHWAYS-13 CHITRADURGA SHIVAMOGGA SECTION K.R. CIRCLE BENGALURU-560 001.

¶53

EXECUTIVE ENGINEER AND MANAGER TECHNICAL AND PPP CELL NATIONAL HIGHWAYS SHIVAMOGGA – 577204.

¶54

THE DEPUTY COMMISSIONER AND THE DISTRICT MAGISTRATE SHIVAMOGGA AND THE SOLE ARBITRATOR NATIONAL HIGHWAYS ACT SHIVAMOGGA-577201. …RESPONDENTS

¶55

(BY SRI K DILIP KUMAR, HCGP)

¶56

THIS M.F.A. IS FILED UNDER SECTION 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, AGAINST THE

¶57

¶58

JUDGMENT AND ORDER DATED 29.03.2019, PASSED IN A.S.NO.7/2018, ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, SHIVAMOGGA, DISMISSING THE PETITION FILED UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT, 1996.

¶59

IN M.F.A.No.5308/2019

¶60

BETWEEN :

¶61

SRI H.N. SHAILENDRA AGED 56 YEARS S/O LATE H.R. NEELAKANTAPPA R/O “NEELAKANTA” NEAR VINAYAKA PARK BASAVANAGUDI SHIVAMOGGA CITY-577201. ...APPELLANT

¶62

(BY SRI JAYAKUMAR S PATIL, Sr.COUNSEL A/W SRI PRUTHVI WODEYAR, ADV.)

¶63

AND :

¶64

SPECIAL LAND

¶65

ACQUISITION OFFICER AND THE COMPETENT AUTHORITY NATIONAL HIGHWAYS-13 CHITRADURGA SHIVAMOGGA SECTION K.R. CIRCLE BENGALURU-560 001.

¶66

EXECUTIVE ENGINEER AND MANAGER TECHNICAL AND PPP CELL NATIONAL HIGHWAYS SHIVAMOGGA – 577204.

¶67

THE DEPUTY COMMISSIONER AND THE DISTRICT MAGISTRATE SHIVAMOGGA AND THE

¶68

- 7 -

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SOLE ARBITRATOR

¶70

NATIONAL HIGHWAYS ACT SHIVAMOGGA-577201. …RESPONDENTS

¶71

(BY SRI K DILIP KUMAR, HCGP)

¶72

THIS M.F.A. IS FILED UNDER SECTION 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, AGAINST THE JUDGMENT AND ORDER DATED 01.04.2019, PASSED IN A.S.NO.17/2018, ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, SHIVAMOGGA, DISMISSING THE PETITION FILED UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT, 1996.

¶73

IN M.F.A.No.5309/2019

¶74

BETWEEN :

¶75

SMT. MANGALAMMA AGED 71 YEARS W/O GURUSHANTAIAH R/O NEAR RMC COMPOUND VINOBANAGAR SHIVAMOGGA REP. BY HER GPA HOLDER SRI H.C. KUMARSWAMY S/O LATE H M CHANDRASHEKARAPPA SHIVAMOGGA CITY-577204.

¶76

...APPELLANT

¶77

(BY SRI JAYAKUMAR S PATIL, Sr.COUNSEL A/W SRI CHANDRAKANTH R PATEL, ADV.)

¶78

AND :

¶79

SPECIAL LAND ACQUISITION OFFICER AND THE COMPETENT AUTHORITY NATIONAL HIGHWAYS-13 CHITRADURGA SHIVAMOGGA SECTION K.R. CIRCLE BENGALURU-560 001.

¶80

¶81

EXECUTIVE ENGINEER AND MANAGER TECHNICAL AND PPP CELL NATIONAL HIGHWAYS SHIVAMOGGA – 577204.

¶82

THE DEPUTY COMMISSIONER AND THE DISTRICT MAGISTRATE SHIVAMOGGA AND THE SOLE ARBITRATOR NATIONAL HIGHWAYS ACT SHIVAMOGGA-577201. …RESPONDENTS

¶83

(BY SRI K DILIP KUMAR, HCGP)

¶84

THIS M.F.A. IS FILED UNDER SECTION 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, AGAINST THE JUDGMENT AND AWARD DATED 29.03.2019, PASSED IN A.S.NO.04/2018, ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, SHIVAMOGGA, DISMISSING THE PETITION FILED UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT, 1996.

¶85

IN M.F.A.No.5311/2019

¶86

BETWEEN :

¶87

SRI H K LOHITH S/O KUMARSWAMY, AGED 33 YEARS R/O “CHANDRA”, NEAR RMC COMPOUND VINOBA NAGARA SHIVAMOGGA CITY-577204. ...APPELLANT

¶88

(BY SRI JAYAKUMAR S PATIL, Sr.COUNSEL A/W SRI CHANDRAKANTH R PATEL, ADV.)

¶89

AND :

¶90

SPECIAL LAND ACQUISITION OFFICER AND

¶91

¶92

THE COMPETENT AUTHORITY NATIONAL HIGHWAYS-13 CHITRADURGA SHIVAMOGGA SECTION K.R. CIRCLE BENGALURU-560 001.

¶93

EXECUTIVE ENGINEER AND MANAGER TECHNICAL AND PPP CELL NATIONAL HIGHWAYS SHIVAMOGGA – 577204.

¶94

THE DEPUTY COMMISSIONER AND THE DISTRICT MAGISTRATE SHIVAMOGGA AND THE SOLE ARBITRATOR NATIONAL HIGHWAYS ACT SHIVAMOGGA-577201. …RESPONDENTS

¶95

(BY SRI K DILIP KUMAR, HCGP)

¶96

THIS M.F.A. IS FILED UNDER SECTION 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, AGAINST THE JUDGMENT AND ORDER DATED 29.03.2019, PASSED IN A.S.NO.15/2018, ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, SHIVAMOGGA, DISMISSING THE PETITION FILED UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT, 1996.

¶97

IN M.F.A.No.5313/2019

¶98

BETWEEN :

¶99

SRI H.K. LOHITH S/O KUMARSWAMY, AGED 33 YEARS R/O “CHANDRA” NEAR RMC COMPOUND, VINOBA NAGARA SHIVAMOGGA CITY-577204.

¶100

...APPELLANT

¶101

(BY SRI JAYAKUMAR S PATIL, Sr.COUNSEL A/W SRI CHANDRAKANTH R PATEL, ADV.)

¶102

10 -

¶103

AND :

¶104

SPECIAL LAND ACQUISITION OFFICER AND THE COMPETENT AUTHORITY NATIONAL HIGHWAYS-13 CHITRADURGA SHIVAMOGGA SECTION K.R. CIRCLE BENGALURU-560 001.

¶105

EXECUTIVE ENGINEER AND MANAGER TECHNICAL AND PPP CELL NATIONAL HIGHWAYS SHIVAMOGGA – 577204.

¶106

THE DEPUTY COMMISSIONER AND THE DISTRICT MAGISTRATE SHIVAMOGGA AND THE SOLE ARBITRATOR NATIONAL HIGHWAYS ACT SHIVAMOGGA-577201. …RESPONDENTS

¶107

(BY SRI K DILIP KUMAR, HCGP)

¶108

THIS M.F.A. IS FILED UNDER SECTION 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, AGAINST THE JUDGMENT AND ORDER DATED 01.04.2019, PASSED IN A.S.NO.31/2018, ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, SHIVAMOGGA, DISMISSING THE PETITION FILED UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT, 1996.

¶109

IN M.F.A.No.5314/2019

¶110

BETWEEN :

¶111

SRI H.K. LOHITH AGED 33 YEARS S/O KUMARSWAMY

¶112

11 -

¶113

R/O “CHANDRA” NEAR RMC COMPOUND, VINOBA NAGARA SHIVAMOGGA CITY-577204.

¶114

...APPELLANT

¶115

(BY SRI JAYAKUMAR S PATIL, Sr.COUNSEL A/W SRI CHANDRAKANTH R PATEL, ADV.)

¶116

AND :

¶117

SPECIAL LAND ACQUISITION OFFICER AND THE COMPETENT AUTHORITY NATIONAL HIGHWAYS-13 CHITRADURGA SHIVAMOGGA SECTION

¶118

K.R. CIRCLE, BENGALURU-560 001.

¶119

EXECUTIVE ENGINEER AND MANAGER TECHNICAL AND PPP CELL NATIONAL HIGHWAYS SHIVAMOGGA – 577204.

¶120

THE DEPUTY COMMISSIONER AND THE DISTRICT MAGISTRATE SHIVAMOGGA AND THE SOLE ARBITRATOR NATIONAL HIGHWAYS ACT SHIVAMOGGA-577201. …RESPONDENTS

¶121

(BY SRI K DILIP KUMAR, HCGP)

¶122

THIS M.F.A. IS FILED UNDER SECTION 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, AGAINST THE JUDGMENT AND ORDER DATED 29.03.2019, PASSED IN A.S.NO.14/2018, ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, SHIVAMOGGA, DISMISSING THE PETITION FILED UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT, 1996.

¶123

IN M.F.A.No.5315/2019

¶124

BETWEEN :

¶125

SMT. MANGALAMMA

¶126

12 -

¶127

AGED 71 YEARS W/O GURUSHANTAIAH R/O NEAR RMC COMPOUND VINOBANAGAR, SHIVAMOGGA REP. BY HER GPA HOLDER Sri. H.C. KUMARSWAMY S/O LATE H.M.CHANDRASHEKARAPPA SHIVAMOGGA CITY-577204. ...APPELLANT

¶128

(BY SRI JAYAKUMAR S PATIL, Sr.COUNSEL A/W SRI CHANDRAKANTH R PATEL, ADV.)

¶129

AND :

¶130

SPECIAL LAND ACQUISITION OFFICER AND THE COMPETENT AUTHORITY NATIONAL HIGHWAYS-13 CHITRADURGA SHIVAMOGGA SECTION K.R. CIRCLE BENGALURU-560 001.

¶131

EXECUTIVE ENGINEER AND MANAGER TECHNICAL AND PPP CELL NATIONAL HIGHWAYS SHIVAMOGGA – 577204.

¶132

THE DEPUTY COMMISSIONER AND THE DISTRICT MAGISTRATE SHIVAMOGGA AND THE SOLE ARBITRATOR NATIONAL HIGHWAYS ACT SHIVAMOGGA-577201. …RESPONDENTS

¶133

(BY SRI K DILIP KUMAR, HCGP)

¶134

THIS M.F.A. IS FILED UNDER SECTION 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, AGAINST THE DATED 29.03.2019, PASSED IN A.S.NO.03/2018, ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, SHIVAMOGGA, DISMISSING

¶135

13 -

¶136

THE PETITION FILED UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT, 1996.

¶137

IN M.F.A.No.5316/2019

¶138

BETWEEN :

¶139

SRI. H.N. SHAILENDRA AGED 56 YEARS S/O LATE H.R. NEELAKANTAPPA R/O “NEELAKANTA” NEAR VINAYAKA PARK BASAVANAGUDI SHIVAMOGGA CITY-577201. ...APPELLANT

¶140

(BY SRI JAYAKUMAR S PATIL, Sr.COUNSEL A/W SRI CHANDRAKANTH R PATEL, ADV.)

¶141

AND :

¶142

SPECIAL LAND ACQUISITION OFFICER AND THE COMPETENT AUTHORITY NATIONAL HIGHWAYS-13 CHITRADURGA SHIVAMOGGA SECTION K.R. CIRCLE BENGALURU-560 001.

¶143

EXECUTIVE ENGINEER AND MANAGER TECHNICAL AND PPP CELL NATIONAL HIGHWAYS SHIVAMOGGA – 577204.

¶144

THE DEPUTY COMMISSIONER AND THE DISTRICT MAGISTRATE SHIVAMOGGA AND THE SOLE ARBITRATOR NATIONAL HIGHWAYS ACT SHIVAMOGGA-577201. …RESPONDENTS

¶145

(BY SRI K DILIP KUMAR, HCGP)

¶146

14 -

¶147

THIS M.F.A. IS FILED UNDER SECTION 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, AGAINST THE JUDGMENT AND AWARD 29.03.2019, PASSED IN A.S.NO.13/2018, ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, SHIVAMOGGA, DISMISSING THE PETITION FILED UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT, 1996.

¶148

IN M.F.A.No.5317/2019

¶149

BETWEEN :

¶150

SMT. SHOBHARANI C.R. AGED 42 YEARS W/O L RAMESH R/O “GIRIJA” 100 FT. ROAD GANDHI NAGARA SHIVAMOGGA CITY-577201.

¶151

...APPELLANT

¶152

(BY SRI JAYAKUMAR S PATIL, Sr.COUNSEL A/W SRI CHANDRAKANTH R PATEL, ADV.)

¶153

AND :

¶154

SPECIAL LAND

¶155

ACQUISITION OFFICER AND THE COMPETENT AUTHORITY NATIONAL HIGHWAYS-13 CHITRADURGA SHIVAMOGGA SECTION K.R. CIRCLE BENGALURU-560 001.

¶156

EXECUTIVE ENGINEER AND MANAGER TECHNICAL AND PPP CELL NATIONAL HIGHWAYS SHIVAMOGGA – 577204.

¶157

THE DEPUTY COMMISSIONER AND THE DISTRICT MAGISTRATE

¶158

15 -

¶159

SHIVAMOGGA AND THE SOLE ARBITRATOR NATIONAL HIGHWAYS ACT SHIVAMOGGA-577201. …RESPONDENTS

¶160

(BY SRI K DILIP KUMAR, HCGP)

¶161

THIS M.F.A. IS FILED UNDER SECTION 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, AGAINST THE ORDER DATED 29.03.2019, PASSED IN A.S.NO.12/2018, ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, SHIVAMOGGA, DISMISSING THE PETITION FILED UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT, 1996.

¶162

IN M.F.A.No.5318/2019

¶163

BETWEEN :

¶164

SRI H.N. SHIVASWAMY AGED 65 YEARS S/O LATE H.R.NEELAKANTAPPA R/O “GANGA” NEAR VINAYAKA PARK BASAVANAGUDI SHIVAMOGGA CITY-577201. ...APPELLANT

¶165

(BY SRI JAYAKUMAR S PATIL, Sr.COUNSEL A/W SRI CHANDRAKANTH R PATEL, ADV.)

¶166

AND :

¶167

SPECIAL LAND ACQUISITION OFFICER AND THE COMPETENT AUTHORITY NATIONAL HIGHWAYS-13 CHITRADURGA SHIVAMOGGA SECTION K.R. CIRCLE BENGALURU-560 001.

¶168

EXECUTIVE ENGINEER AND MANAGER

¶169

TECHNICAL AND PPP CELL

¶170

16 -

¶171

NATIONAL HIGHWAYS SHIVAMOGGA – 577204.

¶172

THE DEPUTY COMMISSIONER AND THE DISTRICT MAGISTRATE SHIVAMOGGA AND THE SOLE ARBITRATOR NATIONAL HIGHWAYS ACT SHIVAMOGGA-577201. …RESPONDENTS

¶173

(BY SRI K DILIP KUMAR, HCGP)

¶174

THIS M.F.A. IS FILED UNDER SECTION 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, AGAINST THE JUDGMENT AND AWARD DATED 29.03.2019, PASSED IN A.S.NO.10/2018, ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, SHIVAMOGGA, DISMISSING THE PETITION FILED UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT, 1996.

¶175

IN M.F.A.No.5321/2019

¶176

BETWEEN :

¶177

DR. A.S. SRINATH AGED 70 YEARS S/O SHESHAPPA GOWDA R/O “MALLIKARJUNA NILAYA 1^ST CROSS, HOSAMANE SHIVAMOGGA CITY-577201.

¶178

...APPELLANT

¶179

(BY SRI JAYAKUMAR S PATIL, Sr.COUNSEL A/W SRI PRUTHVI WODEYAR, ADV.)

¶180

AND :

¶181

SPECIAL LAND ACQUISITION OFFICER AND THE COMPETENT AUTHORITY NATIONAL HIGHWAYS-13 CHITRADURGA SHIVAMOGGA SECTION

¶182

17 -

¶183

K.R. CIRCLE BENGALURU-560 001.

¶184

EXECUTIVE ENGINEER AND MANAGER TECHNICAL AND PPP CELL NATIONAL HIGHWAYS SHIVAMOGGA – 577204.

¶185

THE DEPUTY COMMISSIONER AND THE DISTRICT MAGISTRATE SHIVAMOGGA AND THE SOLE ARBITRATOR NATIONAL HIGHWAYS ACT SHIVAMOGGA-577201. …RESPONDENTS

¶186

(BY SRI K DILIP KUMAR, HCGP)

¶187

THIS M.F.A. IS FILED UNDER SECTION 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, AGAINST THE JUDGMENT DATED 01.04.2019, PASSED IN A.S.NO.20/2018, ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, SHIVAMOGGA, DISMISSING THE PETITION FILED UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT, 1996.

¶188

IN M.F.A.No.5325/2019

¶189

BETWEEN :

¶190

Sri. H.C. KUMARASWAMY AGED 63 YEARS S/O LATE H.M. CHANDRASHEKARAPPA R/O “CHANDRA” NEAR RMC COMPOUND VINOBANAGAR SHIVAMOGGA CITY-577204. ...APPELLANT

¶191

(BY SRI JAYAKUMAR S PATIL, Sr.COUNSEL A/W SRI PRUTHVI WODEYAR, ADV.)

¶192

18 -

¶193

AND :

¶194

SPECIAL LAND ACQUISITION OFFICER AND THE COMPETENT AUTHORITY NATIONAL HIGHWAYS-13 CHITRADURGA SHIVAMOGGA SECTION K.R. CIRCLE BENGALURU-560 001.

¶195

EXECUTIVE ENGINEER AND MANAGER TECHNICAL AND PPP CELL NATIONAL HIGHWAYS SHIVAMOGGA – 577204.

¶196

THE DEPUTY COMMISSIONER AND THE DISTRICT MAGISTRATE SHIVAMOGGA AND THE SOLE ARBITRATOR NATIONAL HIGHWAYS ACT SHIVAMOGGA-577201. …RESPONDENTS

¶197

(BY SRI K DILIP KUMAR, HCGP)

¶198

THIS M.F.A. IS FILED UNDER SECTION 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, AGAINST THE JUDGMENT AND ORDER DATED 01.04.2019, PASSED IN A.S.NO.23/2018, ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, SHIVAMOGGA, DISMISSING THE PETITION FILED UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT, 1996.

¶199

IN M.F.A.No.5326/2019

¶200

BETWEEN :

¶201

Smt. MANGALAMMA AGE 71 YEARS W/O GURUSHANTAIAH R/O NEAR RMC COMPOUND VINOBANAGAR, SHIVAMOGGA

¶202

19 -

¶203

REPRESENTED BY HER GPA HOLDER SRI H C KUMARSWAMY S/O H M CHANDRASHEKARAPPA SHIVAMOGGA CITY-577 204 ...APPELLANT

¶204

(BY SRI JAYAKUMAR S PATIL, Sr.COUNSEL A/W SRI PRUTHVI WODEYAR, ADVOCATE)

¶205

AND :

¶206

SPECIAL LAND ACQUISITION OFFICER AND THE COMPETENT AUTHORITY NATIONAL HIGHWAYS-13 CHITRADURGA SHIVAMOGGA SECTION K.R. CIRCLE BENGALURU-560 001

¶207

EXECUTIVE ENGINEER AND MANAGER TECHNICAL AND PPP CELL NATIONAL HIGHWAYS SHIVAMOGGA – 577204

¶208

THE DEPUTY COMMISSIONER AND THE DISTRICT MAGISTRATE SHIVAMOGGA AND THE SOLE ARBITRATOR NATIONAL HIGHWAYS ACT SHIVAMOGGA-577201 …RESPONDENTS

¶209

(BY SRI K DILIP KUMAR, HCGP)

¶210

THIS M.F.A. IS FILED UNDER SECTION 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, AGAINST THE JUDGMENT AND ORDER DATED 01.04.2019, PASSED IN A.S.NO.24/2018, ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, SHIVAMOGGA, DISMISSING THE PETITION FILED UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT, 1996.

¶211

20 -

¶212

IN M.F.A.No.5327/2019

¶213

BETWEEN :

¶214

Sri. H.C. KUMARASWAMY AGED 63 YEARS S/O LATE H.M. CHANDRASHEKARAPPA R/O “CHANDRA” NEAR RMC COMPOUND VINOBANAGAR SHIVAMOGGA CITY-577 204 ...APPELLANT

¶215

(BY SRI JAYAKUMAR S PATIL, Sr.COUNSEL A/W SRI PRUTHVI WODEYAR, ADVOCATE)

¶216

AND :

¶217

SPECIAL LAND ACQUISITION OFFICER AND THE COMPETENT AUTHORITY NATIONAL HIGHWAYS-13 CHITRADURGA SHIVAMOGGA SECTION K.R. CIRCLE BENGALURU-560 001

¶218

EXECUTIVE ENGINEER AND MANAGER TECHNICAL AND PPP CELL NATIONAL HIGHWAYS SHIVAMOGGA – 577204

¶219

THE DEPUTY COMMISSIONER AND THE DISTRICT MAGISTRATE SHIVAMOGGA AND THE SOLE ARBITRATOR NATIONAL HIGHWAYS ACT SHIVAMOGGA-577201 …RESPONDENTS

¶220

(BY SRI K DILIP KUMAR, HCGP)

¶221

THIS M.F.A. IS FILED UNDER SECTION 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, AGAINST THE JUDGMENT AND ORDER DATED 01.04.2019, PASSED IN

¶222

21 -

¶223

A.S.NO.25/2018, ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, SHIVAMOGGA, DISMISSING THE PETITION FILED UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT, 1996.

¶224

IN M.F.A.No.5329/2019

¶225

BETWEEN :

¶226

SMT. MANGALAMMA AGE 71 YEARS W/O GURUSHANTAIAH R/O NEAR RMC COMPOUND VINOBANAGAR, SHIVAMOGGA REPRESENTED BY HER GPA HOLDER SRI H C KUMARSWAMY S/O H M CHANDRASHEKARAPPA SHIVAMOGGA CITY-577 204 ...APPELLANT

¶227

(BY SRI JAYAKUMAR S PATIL, Sr.COUNSEL A/W SRI PRUTHVI WODEYAR, ADVOCATE)

¶228

AND :

¶229

SPECIAL LAND ACQUISITION OFFICER AND THE COMPETENT AUTHORITY NATIONAL HIGHWAYS-13 CHITRADURGA SHIVAMOGGA SECTION K.R. CIRCLE BENGALURU-560 001

¶230

EXECUTIVE ENGINEER AND MANAGER TECHNICAL AND PPP CELL NATIONAL HIGHWAYS SHIVAMOGGA – 577204

¶231

THE DEPUTY COMMISSIONER AND THE DISTRICT MAGISTRATE SHIVAMOGGA AND THE SOLE ARBITRATOR

¶232

- 22 -

¶233

NATIONAL HIGHWAYS ACT SHIVAMOGGA-577201

¶234

…RESPONDENTS

¶235

(BY SRI K DILIP KUMAR, HCGP)

¶236

THIS M.F.A. IS FILED UNDER SECTION 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, AGAINST THE JUDGMENT AND ORDER DATED 01.04.2019, PASSED IN A.S.NO.26/2018, ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, SHIVAMOGGA, DISMISSING THE PETITION FILED UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT, 1996.

¶237

IN M.F.A.No.5332/2019

¶238

BETWEEN :

¶239

Sri. S. ANANTHAIAH AGED 90 YEARS S/O SEETHARAMA BHATTA R/O 2^ND CROSS, RAVINDRA NAGARA SHIVAMOGGA CITY-577 204

¶240

...APPELLANT

¶241

(BY SRI JAYAKUMAR S PATIL, Sr.COUNSEL A/W SRI PRUTHVI WODEYAR, ADVOCATE)

¶242

AND :

¶243

SPECIAL LAND ACQUISITION OFFICER AND THE COMPETENT AUTHORITY NATIONAL HIGHWAYS-13 CHITRADURGA SHIVAMOGGA SECTION K.R. CIRCLE, BENGALURU-560 001

¶244

EXECUTIVE ENGINEER AND MANAGER TECHNICAL AND PPP CELL NATIONAL HIGHWAYS SHIVAMOGGA – 577204

¶245

THE DEPUTY COMMISSIONER AND THE

¶246

23 -

¶247

DISTRICT MAGISTRATE SHIVAMOGGA AND THE SOLE ARBITRATOR NATIONAL HIGHWAYS ACT SHIVAMOGGA-577201 …RESPONDENTS

¶248

(BY SRI K DILIP KUMAR, HCGP)

¶249

THIS M.F.A. IS FILED UNDER SECTION 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, AGAINST THE JUDGMENT AND ORDER DATED 01.04.2019, PASSED IN A.S.NO.30/2018, ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, SHIVAMOGGA, DISMISSING THE PETITION FILED UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT, 1996.

¶250

IN M.F.A.No.5307/2019

¶251

BETWEEN :

¶252

Sri. P.N. SIDDAPPA AGED 78 YEARS S/O LATE NANJAPPA R/O PURLE VILLAGE HOLEBENAVALLI POST SHIVAMOGGA CITY-577 203

¶253

...APPELLANT

¶254

(BY SRI JAYAKUMAR S PATIL, Sr.COUNSEL A/W SRI PRUTHVI WODEYAR, ADVOCATE)

¶255

AND :

¶256

SPECIAL LAND ACQUISITION OFFICER AND THE COMPETENT AUTHORITY NATIONAL HIGHWAYS-13 CHITRADURGA SHIVAMOGGA SECTION K.R. CIRCLE BENGALURU-560 001

¶257

EXECUTIVE ENGINEER AND MANAGER TECHNICAL AND PPP CELL

¶258

24 -

¶259

NATIONAL HIGHWAYS SHIVAMOGGA – 577204

¶260

THE DEPUTY COMMISSIONER AND THE DISTRICT MAGISTRATE SHIVAMOGGA AND THE SOLE ARBITRATOR NATIONAL HIGHWAYS ACT SHIVAMOGGA-577201 …RESPONDENTS

¶261

(BY SRI K DILIP KUMAR, HCGP)

¶262

THIS M.F.A. IS FILED UNDER SECTION 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, AGAINST THE JUDGMENT AND ORDER DATED 29.03.2019, PASSED IN A.S.NO.1/2018, ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, SHIVAMOGGA, DISMISSING THE PETITION FILED UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT, 1996.

¶263

IN M.F.A.No.5319/2019

¶264

BETWEEN :

¶265

Sri. H.C. KUMARASWAMY AGED 63 YEARS S/O LATE H.M. CHANDRASHEKARAPPA R/O “CHANDRA” NEAR RMC COMPOUND VINOBANAGAR SHIVAMOGGA CITY-577 204

¶266

...APPELLANT

¶267

(BY SRI JAYAKUMAR S PATIL, Sr.COUNSEL A/W SRI PRUTHVI WODEYAR, ADVOCATE)

¶268

AND :

¶269

SPECIAL LAND ACQUISITION OFFICER AND THE COMPETENT AUTHORITY NATIONAL HIGHWAYS-13 CHITRADURGA SHIVAMOGGA SECTION K.R. CIRCLE

¶270

- 25 -

¶271

BENGALURU-560 001

¶272

EXECUTIVE ENGINEER AND MANAGER TECHNICAL AND PPP CELL NATIONAL HIGHWAYS SHIVAMOGGA – 577204

¶273

THE DEPUTY COMMISSIONER AND THE DISTRICT MAGISTRATE SHIVAMOGGA AND THE SOLE ARBITRATOR NATIONAL HIGHWAYS ACT SHIVAMOGGA-577201 …RESPONDENTS

¶274

(BY SRI K DILIP KUMAR, HCGP)

¶275

THIS M.F.A. IS FILED UNDER SECTION 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, AGAINST THE JUDGMENT AND ORDER DATED 01.04.2019, PASSED IN A.S.NO.19/2018, ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, SHIVAMOGGA, DISMISSING THE PETITION FILED UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT, 1996.

¶276

IN M.F.A.No.5324/2019

¶277

BETWEEN :

¶278

Sri. P.N. SIDDAPPA AGED 78 YEARS S/O LATE NANJAPPA R/O PURLE VILLAGE HOLEBENAVALLI POST SHIVAMOGGA CITY-577 203

¶279

...APPELLANT

¶280

(BY SRI JAYAKUMAR S PATIL, Sr.COUNSEL A/W SRI PRUTHVI WODEYAR, ADVOCATE)

¶281

AND :

¶282

SPECIAL LAND ACQUISITION OFFICER AND

¶283

26 -

¶284

THE COMPETENT AUTHORITY NATIONAL HIGHWAYS-13 CHITRADURGA SHIVAMOGGA SECTION K.R. CIRCLE BENGALURU-560 001

¶285

EXECUTIVE ENGINEER AND MANAGER TECHNICAL AND PPP CELL NATIONAL HIGHWAYS SHIVAMOGGA – 577204

¶286

THE DEPUTY COMMISSIONER AND THE DISTRICT MAGISTRATE SHIVAMOGGA AND THE SOLE ARBITRATOR NATIONAL HIGHWAYS ACT SHIVAMOGGA-577201 …RESPONDENTS

¶287

(BY SRI K DILIP KUMAR, HCGP)

¶288

THIS M.F.A. IS FILED UNDER SECTION 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, AGAINST THE JUDGMENT AND ORDER DATED 01.04.2019, PASSED IN A.S.NO.22/2018, ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, SHIVAMOGGA, DISMISSING THE PETITION FILED UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT, 1996.

¶289

IN M.F.A.No.5330/2019

¶290

BETWEEN :

¶291

Sri. H. N. SHASHIDHAR AGED 55 YEARS S/O H.R. NEELAKANTAPPA R/O “SAKAMMA” NEAR VINAYAKA PARK BASAVANAGUDI SHIVAMOGGA CITY-577 201

¶292

...APPELLANT

¶293

(BY SRI JAYAKUMAR S PATIL, Sr.COUNSEL A/W SRI PRUTHVI WODEYAR, ADVOCATE)

¶294

27 -

¶295

AND :

¶296

SPECIAL LAND ACQUISITION OFFICER AND THE COMPETENT AUTHORITY NATIONAL HIGHWAYS-13 CHITRADURGA SHIVAMOGGA SECTION K.R. CIRCLE BENGALURU-560 001

¶297

EXECUTIVE ENGINEER AND MANAGER TECHNICAL AND PPP CELL NATIONAL HIGHWAYS SHIVAMOGGA – 577204

¶298

THE DEPUTY COMMISSIONER AND THE DISTRICT MAGISTRATE SHIVAMOGGA AND THE SOLE ARBITRATOR NATIONAL HIGHWAYS ACT SHIVAMOGGA-577201 …RESPONDENTS

¶299

(BY SRI K DILIP KUMAR, HCGP)

¶300

THIS M.F.A. IS FILED UNDER SECTION 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, AGAINST THE JUDGMENT AND ORDER DATED 01.04.2019, PASSED IN A.S.NO.27/2018, ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, SHIVAMOGGA, DISMISSING THE PETITION FILED UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT, 1996.

¶301

IN M.F.A.No.5331/2019

¶302

BETWEEN :

¶303

Smt. RAMYA G AGED 41 YEARS W/O L. MAHESH R/O “GIIRIJA” 100FT. ROAD

¶304

28 -

¶305

GANDHI NAGAR SHIVAMOGGA CITY-577 201

¶306

...APPELLANT

¶307

(BY SRI JAYAKUMAR S PATIL, Sr.COUNSEL A/W SRI PRUTHVI WODEYAR, ADVOCATE)

¶308

AND :

¶309

SPECIAL LAND ACQUISITION OFFICER AND THE COMPETENT AUTHORITY NATIONAL HIGHWAYS-13 CHITRADURGA SHIVAMOGGA SECTION K.R. CIRCLE BENGALURU-560 001

¶310

EXECUTIVE ENGINEER AND MANAGER TECHNICAL AND PPP CELL NATIONAL HIGHWAYS SHIVAMOGGA – 577204

¶311

THE DEPUTY COMMISSIONER AND THE DISTRICT MAGISTRATE SHIVAMOGGA AND THE SOLE ARBITRATOR NATIONAL HIGHWAYS ACT SHIVAMOGGA-577201 …RESPONDENTS

¶312

(BY SRI K DILIP KUMAR, HCGP)

¶313

THIS M.F.A. IS FILED UNDER SECTION 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, AGAINST THE JUDGMENT AND ORDER DATED 01.04.2019, PASSED IN A.S.NO.29/2018, ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE, SHIVAMOGGA, DISMISSING THE PETITION FILED UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT, 1996.

¶314

THESE APPEALS COMING ON FOR ADMISSION, THIS DAY, S. SUJATHA, J ., DELIVERED THE FOLLOWING:

¶315

29 -

¶316

J U D G M E N T

¶317

Since common and akin issues are involved in these appeals, they are clubbed, heard together and disposed of by this common judgment.

¶318

These appeals are filed under Section 37[1][c] of the Arbitration and Conciliation Act, 1996 [‘Act 1996’ for short] challenging the judgment and order passed by the III Additional District Judge at Shivamogga [‘Trial Court’ for short] in A.S.No.8/2018, 16/2018, 9/2018, 7/2018, 17/2018, 4/2018, 15/2018,

¶319

31/2018, 14/2018, 3/2018, 13/2018, 12/2018, 10/2018, 20/2018, 23/2018, 24/2018, 25/2018, 26/2018, 30/2018, 1/2018, 19/2018, 22/2018,

¶320

27/2018, 29/2018,

¶321

Briefly stated the facts are that the respondent No.1 on behalf of the National Highways Authority of India and the Union of India has initiated the proceedings of acquisition for the purposes of

¶322

- 30 -

¶323

widening and for providing bypass to the NH-13 on the stretch of kilometer of 422 – 529 of Chitradurga - Shivamogga section by issuing the preliminary notification and final notification as required under 3A and 3D of the National Highways Act, 1956 [‘NH Act’ for short]. The details of the same are shown in the table

¶324

Sl No	Case No.	Sy.No.	Measur ement	Village	Prl. Ntfn	Final Ntfn	Award made by SLAO	Award made by Arbitrator Per acre/Per gunta
1	MFA No. 5302/19	143/2	00-38 ½ guntas	Purle Village	29.11.10	24.11.11	30,36,921/-	27,12,000/- 67,800/-
2	MFA No. 5305/19	150/3	00-13 ½ guntas	Purle Village	29.11.10	24.11.11	10,09,654/-	27,12,000/- 67,800/-
3	MFA No. 5304/19	163/1	00-11 ½ guntas	Purle Village	29.11.10	24.11.11	8,27,316/-	27,12,000/- 67,800/-
4	MFA No. 5306/19	119/1	00-07 guntas	Purle Village	29.11.10	24.11.11	5,49,659/-	27,12,000/- 67,800/-
5	MFA No. 5308/19	119/5	00-23 guntas	Purle Village	29.11.10	24.11.11	16,39,630/-	27,12,000/- 67,800/-
6	MFA No. 5309/19	164/2	00-09 ½ guntas	Purle Village	29.11.10	24.11.11	4,83,000/-	27,12,000/- 67,800/-
7	MFA No. 5311/19	164/1	0-10 guntas	Purle Village	29.11.10	24.11.11	9,88,140/-	27,12,000/- 67,800/-
8	MFA No. 5313/19	165	0-18 guntas	Purle Village	29.11.10	24.11.11	12,91,669/-	27,12,000/- 67,800/-
9	MFA No. 5314/19	123/3	0-35 ½ guntas	Purle Village	29.11.10	24.11.11	25,22,170/-	27,12,000/- 67,800/-
10	MFA No. 5315/19	136/1	00-04 guntas	Purle Village	29.11.10	24.11.11	3,24,503/-	27,12,000/- 67,800/-
11	MFA No. 5316/19	121/2	01-30 guntas	Purle Village	29.11.10	24.11.11	61,72,342/-	27,12,000/- 67,800/-
12	MFA No. 5317/19	140/3	00-16 guntas	Purle Village	29.11.10	24.11.11	8,12,929/-	27,12,000/- 67,800/-
13	MFA No. 5318/19	119/3	1-06 guntas	Purle Village	29.11.10	24.11.11	33,10,013/-	27,12,000/- 67,800/-
14	MFA No. 5321/19	119/4	00-02 ½ guntas	Purle Village	29.11.10	24.11.11	1,16,531/-	27,12,000/- 67,800/-
15	MFA No. 5325/19	135/2	00-02 guntas	Purle Village	29.11.10	24.11.11	1,56,384/-	27,12,000/- 67,800/-

¶325

31 -

¶326

16	MFA No. 5326/19	135/1	00-39 guntas	Purle village	29.11.10	24.11.11	33,11,270/-	27,12,000/- 67,800/-
17	MFA No. 5327/19	143/1	00-18 ½ guntas	Purle village	29.11.10	24.11.11	20,00,000/-	27,12,000/- 67,800/-
18	MFA No. 5329/19	142	00-16 ½ guntas	Purle Village	29.11.10	24.11.11	15,16,391/-	27,12,000/- 67,800/-
19	MFA No. 5332/19	203/1	00-01 ¾ guntas	Purle Village	29.11.10	24.11.11	81,572/-	27,12,000/- 67,800/-
20	MFA No. 5307/19	121/1	0-26 ½ guntas	Purle Village	29.11.10	24.11.11	18,82,751/-	27,12,000/- 67,800/-
21	MFA No. 5319/19	136/2	00-02 guntas	Purle Village	29.11.10	24.11.11	2,20,939/-	27,12,000/- 67,800/-
22	MFA No. 5324/19	122	00-04 ½ guntas	Purle Village	29.11.10	24.11.11	3,73,781/-	27,12,000/- 67,800/-
23	MFA No. 5330/19	119/6	00-35 ½ guntas	Purle Village	29.11.10	24.11.11	24,78,512/-	27,12,000/- 67,800/-
24	MFA No. 5331/19	150/1	00-16 guntas	Purle Village	29.11.10	24.11.11	10,74,207/-	27,12,000/- 67,800/-

¶327

The Special Land Acquisition Officer [SLAO]

¶328

being the Competent Authority under the NH Act, passed the award determining the compensation. It is contended that the appellants not having been satisfied with the award, received the amount determined under protest and sought for reference to arbitration for determination of compensation under section 3-G[5] of the NH Act. The Deputy Commissioner and the District Magistrate, Shivamogga who was appointed as a sole arbitrator for determining the compensation for the lands acquired, held the arbitral proceedings. Arbitral awards were passed enhancing the compensation.

¶329

- 32 -

¶330

Being aggrieved by the award of the sole

¶331

arbitrator, the appellants preferred arbitral suits under Section 34 of the Act, 1996 seeking to set aside the award on various grounds before the Trial Court. The Hon’ble Trial Court has dismissed the arbitral suits. Hence, the present appeals.

¶332

Learned senior counsel representing the appellants submitted that the Trial Court committed a palpable error in not interfering with the arbitral awards when the patent illegality committed by the learned arbitrator is glaring. The arbitral suits were filed challenging the award on its perversity and patent illegality not merely for seeking enhancement of the compensation. The Trial Court ought to have examined these aspects in a right perspective. Learned arbitrator has failed to consider the relevant factors mainly, the land value in the recent, the value of the structures and crops.

¶333

33 -

¶334

Learned Additional Government Advocate

¶335

appearing for the respondents justifying the impugned judgment and orders submitted that the scope of Section 34 being limited, the Trial Court has rightly rejected the suits while exercising the power under Section 34 of the Act, 1996. The Trial Court cannot sit in appeal to re-appreciate the evidence on record. Having regard to the legal principles enunciated by the Hon'ble Apex Court in the case of Associate Builders

¶336

V/s. Delhi Development Authority [(2015) 3 SCC 49] ,

¶337

the Trial Court has critically examined the case of the claimants in extenso and dismissed the same for the reasons well assigned. The said reasons being in conformity with the law declared by the Hon'ble Apex Court in Dyna Technologies Pvt. Ltd. v. Crompton

¶338

Greaves Ltd., [(2019) 20 SCC 1] , the same deserves to be confirmed rejecting the appeals as the scope of

¶339

34 -

¶340

appeal under Section 37[1][c] of the Act, 1996 being limited.

¶341

8. We have carefully considered the rival

¶342

submissions of the learned counsel appearing for the parties and perused the material on record.

¶343

Though the learned senior Counsel

¶344

submitted that the matters relate to the perversity or patent illegality committed by the learned arbitrator, it is nothing but enhancement of compensation claimed by the appellants/claimants with respect to the subject acquired lands. This issue is no more res integra in view of the Co-ordinate Bench decision of this Court in

¶345

H.M.Shankaramurthy V/s. National Highways

¶346

Authority of India and Others [ILR 2010 KAR 3711] which has been followed by this Court in MFA No.7285/2015 [where one of us Hon’ble SSJ was a member] wherein, it has been held that a provision for setting aside an award contending that the award is not

¶347

35 -

¶348

sustainable in law on any one of the grounds other than specified in Section 34 (2) of the Act can never be construed as a provision enabling the land loser seeking for enhancement of the compensation amount as determined by the Arbitrator. Accordingly rejection of the application under Section 34 of the Act by the learned District Judge has been upheld holding that the application itself was not tenable.

¶349

In view of the aforesaid decision taken by

¶350

this Court, enhancement of compensation sought by the claimants/appellants would not come within the purview of Section 34 of the Act as explained by the Hon'ble Apex Court in Associate Builders supra and

¶351

Ssangyong Engineering & Construction Co. Ltd.,V/s. NHAI [(2019) 15 SCC 131] .

¶352

We do not find any perversity or patent illegality in the impugned judgment calling for any

¶353

36 -

¶354

interference by this Court exercising the power under Section 37 of the Act, 1996.

¶355

Appeals being devoid of merits stand dismissed with liberty to the appellants/claimants to seek rederessal of their grievance in accordance with law before the appropriate Forum, if they are entitled and

advised to do so.

Sd/JUDGE

Sd/JUDGE

NC.

Sri.H.C. Kumaraswamy v. Special Land

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Sri.H.C. Kumaraswamy v. Special Land

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