NHAI's commercial appeal against an arbitral enhancement of land acquisition compensation was withdrawn by memo after the authority approved the award. The appeal was dismissed as withdrawn and the Registry directed to refund the deposited amount to the SLAO.
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.
NC: 2026:KHC:28910-DB COMAP No. 374 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JUNE, 2026
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
COMMERCIAL APPEAL NO. 374 OF 2023
BETWEEN:
NATIONAL HIGHWAYS AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT-MANGALORE, DOOR NO.3-29, "BETHEL" THARETHOTA, NEAR PUMPWELL (NH-66), MANGALORE-575002 REP. BY ITS PROJECT DIRECTOR, ABDULLA JAVED AZMI.
…APPELLANT
(BY MS. SHALINI, ADVOCATE FOR SRI. PRAKASHA V. ANGADI, ADVOCATE)
Digitally signed by ANJALI M Location: High Court of Karnataka
AND:
NC: 2026:KHC:28910-DB COMAP No. 374 of 2023
HC-KAR
MANGALORE-575001.
…RESPONDENTS
(BY SRI. JINENDRA KUMAR B., ADVOCATE FOR R1; SRI. ADITYA VIKRAM BHAT, AGA, FOR R2; V/C/O DATED 27.03.2024 NOTICE TO R3 IS DISPENSED WITH)
THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1)(A) OF THE COMMERCIAL COURTS ACT, PRAYING TO SET ASIDE THE JUDGMENT DATED 12.04.2023 IN THE SUIT A.P.NO.100/2022 PASSED BY THE HON'BLE IV ADDITIONAL DISTRICT JUDGE AND COMMERCIAL COURT, D.K. DISTRICT, MANGALORE, CONSEQUENTLY SET ASIDE THE ARBITRAL AWARD / ORDER IN NO.C.DIS.ARB(2)NH.LAQ.CR211/2017-18 DATED 19.04.2022 PASSED BY THE 2ND RESPONDENT. INSOFAR AS THE ENHANCEMENT MADE BY THE 2ND RESPONDENT AT THE RATE OF RS.1,23,200/- PER CENT AND ALLOW THE APPEAL WITH COST AND GRANT SUCH OF THE RELIEF AS THIS HON'BLE COURT DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THIS CASE, IN THE INTEREST OF JUSTICE.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
Learned counsel for the appellant submits that the authority has decided to withdraw the appeal and that a memo for withdrawal has also been placed on record.
NC: 2026:KHC:28910-DB COMAP No. 374 of 2023
HC-KAR
The memo reads as follows:
MEMO FOR WITHDRAWAL
"The Appellant submit as under:
The above appeal filed challenging the Judgment dt:12.04.2023 passed by the Hon'ble District Court, Mangalore in A.P 100/2022.
In the above appeal, this Hon'ble Court was pleased to pass an order Dt:27.03.2024 granting interim order of stay subject to deposit of 50% enhanced compensation amount before this Hon'ble Court, accordingly a sum of Rs.1,15,378/- has been deposited vide DD bearing No.519554 Dt:14.05.2024.
It is submitted that in view of the approval of the Competent Authority for implementation of the Arbitral Award, the Appellant prays that this Hon'ble Court be pleased to permit the Appellant to withdraw the above case as not pressed and to pass necessary orders for refund of the deposited amount in favour of SLAO and CA to the A/c bearing No.1912921063, IFSC - KKBK0007937, Kotak Mahindra Bank.
WHEREFORE, the memo may kindly be accepted on record, in the interest of justice."
Accordingly, the memo is accepted. The appeal is
dismissed as withdrawn .
The Registry shall refund the deposited amount in favour
of the Special Land Acquisition Officer and Competent Authority, National Highways Authority of India, as sought for.
NC: 2026:KHC:28910-DB COMAP No. 374 of 2023
HC-KAR
All pending interlocutory applications shall stand disposed
of.
Sd/(ANU SIVARAMAN) JUDGE
Sd/(VENKATESH NAIK T) JUDGE
AM
List No.: 1 Sl No.: 19
1 provisions across 1 enactments
National Highways Authority of India Project Implementation Unit-Mangalore, Rep. by its Project Director Abdulla Javed Azmi
Sri. Chandrashekar B Mada
The Arbitrator and Deputy Commissioner D.K. District, Mangalore
The Special Land Acquisition Officer and Competent Authority, NHAI
Anu Sivaraman
Venkatesh Naik T
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
