Allowed

National Highways Authority of India v. Sri Shivanagowda Sanganagowda Jeeragi

Karnataka HC18 Sept 2024WP/104508/2024

Case brief

AI extract

What is this about?

This writ petition challenged an order directing the petitioner to deposit 50% of an award amount. The Court set aside the quash plea and directed the trial court to decide the underlying arbitration petition within 45 days to expedite compensation for land losers.

What did the court decide?

Directed the Trial Court to decide Arbitration Petition No. 44/2022 within 45 days. Registered counsels to furnish copies of this order to the Trial Court.

National Highways Authority of India Vs Sri Shivanagowda… — Arbitration | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:13314 WP No. 104508 of 2024

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 18^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE H.P.SANDESH

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WRIT PETITION NO. 104508 OF 2024 (AA-)

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BETWEEN:

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NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT-BAGALKOT, VEERABHADRESHWAR NILAYA ,PLOT NO.15-C, SECTOR NO.73, 2^ND CROSS, NAVANAGAR (UNIT-2), BAGALKOT-587103.

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REPRESENTED BY ITS DGM (TECH.) & PROJECT DIRECTOR MR. SYED AMANULLAH, EARLIER ADDRESS WASNATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT-KALBURGI, PLOT NO.65, KOTHARI BHAVAN, VENKATESH NAGAR, KALABURAGI-585103.

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…PETITIONER

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(BY SRI. SHIVASAI M. PATIL, ADVOCATE)

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SAROJA HANGARAKI

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Location: HIGH COURT OF KARANTAKA DHARWAD BENCH

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AND:

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SRI SHIVANAGOWDA SANGANAGOWDA JEERAGI, MAJOR, S/O. SANGANAGOWDA JEERAGI, AGED NOT KNOWN, RESIDING AT THIMMAPURA, HUNAGUND VILLAGE, & TQ-587118.

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SMT. YENKAMMA HANUMATHAGOWDA JEERAGI, MAJOR, W/O. HANUMANTHGOWDA JEERAGI, AGED NOT KNOWN, RESIDING AT THIMMAPURA, HUNAGUND VILLAGE & HUNAGUND TALUK -587118.

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2 - NC: 2024:KHC-D:13314 WP No. 104508 of 2024

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SMT. RENUKA SANGANAGOWDA JEERAGI, MAJOR

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W/O. SANGANAGOWDA JEERAGI, AGED NOT KNOWN, RESIDING AT THIMMAPURA, HUNAGUND VILLAGE & TALUK-587118.

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HANUMANTHAGOWDA SANGANAGOWDA JEERAGI, S/O. RENUKA SANGANAGOWDA JEERAGI, AGED NOT KNOWN, RESIDING AT THIMMAPURA, HUNAGUND VILLAGE & TALUK-587118.

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LAKSHMI SANGANAGOWDA JEERAGI, D/O. SMT. RENUKA SANGANAGOWDA JEERAGI, AGED NOT KNOWN, RESIDING AT THIMMAPURA, HUNAGUND VILLAGE & TALUK-587118.

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SMT. GANGAMMA SHARANAPPAGOWDA TEGGINAMANI, W/O. SHARANAPPAGOWDA TEGGINAMANI, AGED NOT KNOWN, RESIDING AT THIMMAPURA, HUNAGUND VILLAGE & TALUK-587118.

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SMT. MALLAMMA RAMESH BELLERI, W/O. RAMESH BELLERI, AGED NOT KNOWN, RESIDING AT THIMMAPURA, HUNAGUND VILLAGE & TALUK-587118.

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SRI. MANTHESH SANGANAGOWDA JEERAGI, W/O. SANGANAGOWDA JEERAGI, AGED NOT KNOWN, RESIDING AT THIMMAPURA, HUNAGUND VILLAGE & TALUK-587118.

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SRI. SANGANAGOWDA BASAVANTHAGOWDA JEERAGI, S/O. BASAVANTHAGOWDA JEERAGI, AGED NOT KNOWN,

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3 - NC: 2024:KHC-D:13314 WP No. 104508 of 2024

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RESIDING AT THIMMAPURA, HUNAGUND VILLAGE & TALUK-587118.

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SRI. SHEKARAGOWDA BASAVANTHAGOWDA JEERAGI, S/O. BSAVANTHAGOWDA JEERAGI, AGED NOT KNOWN, RESIDING AT THIMMAPURA, HUNAGUND VILLAGE & TALUK-587118.

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SRI. VEERUPAKSHAGOWDA BASAVANTHAGOWDA JEERAGI, S/O. BASAVANTHAGOWDA JEERAGI, AGED NOT KNOWN, RESIDING AT THIMMAPURA, HUNAGUND VILLAGE & TALUK-587118.

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THE DEPUTY COMMISSIONER & ARBITRATOR, BAGALKOT DISTRICT, BAGALKOT-587103.

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…RESPONDENTS

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(BY SRI. PRAVEEN UPPAR, AGA FOR R12; R1-R11 ARE SERVED)

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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 PRINCIPAL DISTRICT AND SESSIONS JUDGE, BAGALKOT DATED 06.03.2024, IN I.A. NO.1/2022 IN ARBITRATION PETITION NO. 44/2022 VIDE ANNEXURE-A, TO THE EXTENT OF DIRECTION TO THE PETITIONER TO DEPOSIT 50% OF THE AWARD AMOUNT BEFORE THE EXECUTING COURT AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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4 - NC: 2024:KHC-D:13314 WP No. 104508 of 2024

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE H.P.SANDESH)

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Heard the learned counsel for the petitioner and the learned Additional Government Advocate for respondent No.12.

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Learned counsel for the petitioner would submit 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.

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In the present writ petition also, the challenge is made praying this Court to issue a writ of certiorari to quash and set aside the order passed by the Principal

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5 - NC: 2024:KHC-D:13314 WP No. 104508 of 2024

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District and Sessions Judge, Bagalkot dated 06.03.2024, passed on I.A.No.1/2022 in Arbitration Petition No.44/2022 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.

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Counsel appearing for the petitioner as well as the counsel appearing for the State submit that even a direction may be given to the District Court, wherein the award passed by the Deputy Commissioner is challenged to dispose of the same within a time bound period of 45 days.

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Hence, it is appropriate to direct the Trial Court to decide the Arbitration Petition No.44/2022 within a period of 45 days from today since the acquisition proceedings was taken place long back and land-losers lost their right and not received adequate compensation.

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Accordingly, the writ petition is disposed of.

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6 - NC: 2024:KHC-D:13314 WP No. 104508 of 2024

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Registry is directed to communicate this order

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forthwith to the concerned Court.

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Both the learned counsels are also directed to

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furnish a copy of this order to the concerned Court for time bound disposal and assist the Trial Court in disposing

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of the same in a stipulated time of 45 days.

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Sd/(H.P.SANDESH) JUDGE

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SMM CT-MCK List No.: 1 Sl No.: 82

National Highways Authority of India v. Sri Shivanagowda Sanganagowda Jeeragi

Case brief

What is this about?

What did the court decide?

National Highways Authority of India v. Sri Shivanagowda Sanganagowda Jeeragi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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