Dismissed

N.a.Narayanappa v. Thed Eputy Commissioner and Arbitrator

Karnataka HC10 Jan 2024WP/35492/2014

Case brief

AI extract

What is this about?

Petitioners challenged an arbitral award on land acquisition compensation for NH-7 through writ petition. The court held they have an efficacious alternative remedy under the Arbitration and Conciliation Act, 1996, dismissed the petition with liberty to challenge the award, and extended Section 14 Limitation Act benefit.

What did the court decide?

Writ petition dismissed; liberty reserved to challenge the award; benefit of Section 14 Limitation Act granted for any appeal.

N.a.Narayanappa Vs Thed Eputy Commissioner and Arbitrator — Arbitration | Karnataka HC (2024)

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NC: 2024:KHC:1258 WP No. 35492 of 2014

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 35492 OF 2014 (LA-RES)

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BETWEEN:

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N.A.NARAYANAPPA S/O LATE D ANJINAPPA AGED ABOUT 70 YEARS

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N A ASHWATHAPPA S/O LATE D ANJINAPPA AGED ABOUT 67 YEARS

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N A VENKATARAMAPPA S/O LATE D ANJINAPPA AGED ABOUT 65 YEARS (BENEFIT OF SENIOR CITIZEN NOT CLAIMED)

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Digitally signed by H K HEMA Location: High Court of Karnataka

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N A RAMAPPA S/O LATE D ANJINAPPA AGED ABOUT 58 YEARS

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N A NANJUNDAPPA S/O LATE D ANJINAPPA AGED ABOUT 55 YEARS

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ALL ARE RESIDING AT NAREPALLI VILLAGE, KASABA HOBLI, BAGEPALLI TALUK-562101 CHIKKABALLAPURA DISTRICT

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…PETITIONERS

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(BY SRI. B RAMESH.,ADVOCATE)

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AND:

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THE DEPUTY COMMISSIONER AND

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NC: 2024:KHC:1258 WP No. 35492 of 2014

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ARBITRATOR (NH-7) CHIKKABALLAPUR DISTRICT CHIKKABALLAPUR-562101

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PROJECT DIRECTOR & GENERAL MANAGER (TECH), NATIONAL HIGHWAYS AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT

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SURVEY NO. 13, 14TH K M NAGASANDRA, M S RAMAIAH ENCLAVE, TUMKUR ROAD, NH-4, BANGALORE-560073

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THE SPECIAL LAND ACQUISITION OFFICER & COMPETENT AUTHORITY, NATIONAL HIGHWAYS AUTHORITY OF INDIA NO.678, NEERUBHAVI KEMPANNA LAYOUT, HEBBAL, BANGALORE-560024

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THE EXECUTIVE ENGINEER CHIKKABALLAPUR DISTRICT CHIKKABALLAPUR-562101

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…RESPONDENTS

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(BY SRI NAVEEN CHANDRASHEKAR, AGA FOR R1 & 4., SRI PADMANABHAO, ADVOCATE FOR R2 AND 3.)

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THIS WP IS FILED UNDER ARTICELS 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH BOTH THE ORDERS DATED 06.07.2007 IN NO.LAQ/RH7/CACR3/2007-08 PASSED BY THE R3 AND ORDER DATED 30.05.2014 PASSED BY THE R1 IN NO.LAQ/ARB/NH7/HBR/CR/37/2013-14 WHICH ARE PRODUCED AND MARKED AS ANNXURES-G AND R AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING

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- B GROUP THROUGH PHYSICAL HEARING / VIDEO

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3 - NC: 2024:KHC:1258 WP No. 35492 of 2014

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CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners in this instant writ petition are challenging an Arbitral Award passed by respondent No.1.

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The petitioners are having an alternative efficacious remedy under the provisions of the Arbitration and Conciliation Act, 1996. For that reason, the Writ Petition is

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hereby dismissed , reserving the liberty to the petitioners to approach the appropriate authority in the manner known to law.

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The petitioners shall be entitled to the benefit of Section 14 of the Limitation Act, if they were to prefer any appeal challenging the impugned award.

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Sd/JUDGE

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List No.: 1 Sl No.: 32

N.a.Narayanappa v. Thed Eputy Commissioner and Arbitrator

Case brief

What is this about?

What did the court decide?

N.a.Narayanappa v. Thed Eputy Commissioner and Arbitrator

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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