Dismissed¶¶39

National Highways Authority of India v. Smt. Naseema Abdul Hameed

Karnataka HC2 Jul 2026COMAP/77/2024

Case brief

AI extract

What is this about?

NHAI PIU-Mangalore Commercial Appeal COMAP No. 77 of 2024, High Court of Karnataka, decided 02-07-2026, coram Anu Sivaraman and Venkatesh Naik T; challenge to judgment dated 04.01.2024 in A.P.No.26/2023 (IV Additional District Judge and Commercial Court, D.K. District, Mangaluru) and to arbitral award No.C.DIS.ARB(2).NH.LAQ.CR-14/2019-20 dated 27-12-2022 of the Arbitrator/Deputy Commissioner enhancing land acquisition compensation at Rs.1,84,800/- per cent; filed under Section 13(1)(a) Commercial Court Act; dismissed as withdrawn on appellant's memo after Competent Authority approved implementation of the award; respondents Naseema Abdul Hameed, Arbitrator/Deputy Commissioner D.K., Special Land Acquisition Officer and Competent Authority NHAI; no merits decided, no cases cited.

National Highways Authority of India Vs Smt. Naseema Abdul Hameed — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:33066-DB COMAP No. 77 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF JULY, 2026

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PRESENT

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THE HON'BLE MRS. JUSTICE ANU SIVARAMAN

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AND

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THE HON'BLE MR. JUSTICE VENKATESH NAIK T

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COMMERCIAL APPEAL NO.77 OF 2024

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BETWEEN:

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NATIONAL HIGHWAYS AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT-MANGALORE DOOR NO.3-29, "BETHEL" THARETHOTA, NEAR PUMPWELL (NH-66) MANGALORE-575 002 REPRESENTED BY ITS THE PROJECT DIRECTOR ABDULLA JAVED AZMI.

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…APPELLANT

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(BY SRI PRAKASHA ANGADI B.V., ADVOCATE)

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Digitally signed by RAKSHA Location: High Court of Karnataka

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AND:

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SMT. NASEEMA ABDUL HAMEED W/O. ABDUL HAMEED RESIDING AT NAUFAL BAGH ULLAL MANGALURU TALUK-575 020.

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THE ARBITRATOR AND DEPUTY COMMISSIONER D.K. DISTRICT MANGALORE-575 001.

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THE SPECIAL LAND ACQUISTION OFFICER AND COMPETENT AUTHORITY, NHAI N.G.O.S BUILDING

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MINI VIDHANA SOUDHA COMPOUND

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NC: 2026:KHC:33066-DB COMAP No. 77 of 2024

HC-KAR

MANGALURU-575 001.

…RESPONDENTS

(R-1 AND R-2 ARE SERVED AND UNREPRESENTED; VIDE COURT ORDER DATED 27-3-2024, NOTICE TO R-3 IS DISPENSED WITH)

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THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1)(A) OF COMMERCIAL COURT ACT, PRAYING TO SET ASIDE THE JUDGMENT DATED 4-1-2024 IN THE SUIT A.P.NO.26 OF 2023 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.CR-14/2019-20 DATED 27-12-2022 PASSED BY THE 2ND RESPONDENT. INSOFAR AS THE ENHANCEMENT MADE BY THE 2ND RESPONDENT AT THE RATE OF RS.1,84,800/- PERCENT 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.

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THIS COMMERCIAL APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VENKATESH NAIK T

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ORAL JUDGMENT

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(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

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This appeal is filed against the judgment dated 04.01.2024 passed in A.P.No.26/2023 by the IV Additional District Judge and Commercial Court, Dakshina Kannada

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NC: 2026:KHC:33066-DB COMAP No. 77 of 2024

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HC-KAR

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District, Mangaluru and consequently set aside the arbitral award/order in No.C.DIS.ARB(2).NH/LAQ.CR-14/2019-20 dated 27.12.2022.

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A memo is filed by the learned counsel for the appellant stating that in view of the approval of the Competent Authority for implementation of the arbitral award, the appellant does not wish to prosecute the appeal and seeks to withdraw the same.

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