High Court directed the Trial Court to decide an arbitration petition regarding land acquisition compensation within 45 days. The petition for quashing the order directing 50% deposit was disposed of via oral order.
Directed the Trial Court to dispose of Arbitration Petition No.26/2022 within 45 days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF SEPTEMBER, 2024 BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH WRIT PETITION NO. 104312 OF 2024 (GM-CPC)
BETWEEN:
NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT-BAGALKOT, VEERABHADRESHWAR NILAYA, PLOT NO. 15-C SECTOR NO.73, 2ND CROSS, NAVANAGAR (UNIT-2), BAGALKOT-587103, REPRESENTED BY ITS DGM (TECH.) & PROJECT DIRECTOR, MR. SAYED AMANULLAH EARLIER ADDRESS WASNATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT-KALBURGI, PLOT NO.65, KOTHARI BHAVAN, VENKATESH NAGAR, KALABURGI-585103.
…PETITIONER
(BY SRI. SHIVASAI M. PATIL, ADVOCATE)
AND:
SAROJA HANGARAKI
Location: HIGH COURT OF KARANTAKA DHARWAD BENCH
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASH AND SET ASIDE THE ORDER PASSED BY THE PRL. DISTRICT AND SESSIONS JUDGE, BAGALKOT, DATED 06.03.2024 I.A.NO.1/2022 IN ARBITRATION PETITION NO.26/2022 VIDE ANNEXURE-A, TO THE EXTENT OF DIRECTION TO THE PETITION TO DEPOSIT 50% OF THE AWARD AMOUNT BEFORE THE EXECUTING COURT.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE H.P.SANDESH)
Heard the learned counsel for the petitioner and learned Additional Government Advocate for respondent No.2.
that when the order in W.P.No.104314/2023 C/w. W.P.No.104409/2023 was challenged, the said order has been set aside in the writ appeal. He also brought to notice of this Court the operative portion, wherein a request was made to the learned Single Judges of this Court before whom MFA’s/WP’s are pending concerning the determination of compensation payable under the National Highways Act, 1956 to the respondents may be heard and disposed of expeditiously.
District and Sessions Judge, Bagalkot dated 06.03.2024, passed on I.A.No.1/2022 in Arbitration Petition No.26/2022 vide Annexure-A, to the extent of direction to the petitioner to deposit 50% of the award amount before the Executing Court and to grant such other relief.
forthwith to the concerned Court.
furnish a copy of this order to the concerned Court for time bound disposal.
Sd/(H.P.SANDESH) JUDGE
SH CT-MCK List No.: 1 Sl No.: 63
2 issues framed by the court
Whether to issue a writ of certiorari to quash the order directing the petitioner to deposit 50% of the award amount.
Whether the trial court should be directed to decide the arbitration petition within 45 days given the delay in compensation.
2 provisions across 1 enactments
NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT-BAGALKOT
SAROJA HANGARAKI
SHOBA ADIVAYYA SOPPIMATH
DEPUTY COMMISSIONER & ARBITRATOR, BAGALKOT DISTRICT
H.P. SANDESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
