Dismissed¶4

Sri. Venkatashami v. Special Land Acquisition Officer and Competent Authority (Nhai)

Land Acquisition – Compensation

Karnataka HC10 Jun 2026MFA/1139/2025

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What is this about?

Maintainability of MFA against S. 3H(4) National Highways Act award; judgment under Section 3H(4) NH Act deemed a decree; remedy under Section 96 CPC not Section 54(1) Land Acquisition Act; LAC No.50/2023 Prl. District and Sessions Judge, Kolar; NHAI Bangalore-Chennai Expressway acquisition compensation claimant No.6; Registrar (Judicial) report; WP.No.14374/2009; RFA No.1349/2010; appeal dismissed as not maintainable with liberty and time condoned; Karnataka High Court 10.06.2026.

What did the court decide?

Appeal dismissed as not maintainable; liberty reserved to prefer the appropriate appeal in accordance with law, and time spent in this appeal shall be condoned. ¶4

Sri. Venkatashami Vs Special Land Acquisition Officer and… — Land Acquisition | Karnataka HC (2026)

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NC: 2026:KHC:28002 MFA No. 1139 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF JUNE, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 1139 OF 2025 (LAC)

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BETWEEN:

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SRI. VENKATASHAMI

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(SINCE DEAD BY L/R'S)

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(A) SMT. SUSHEELAMMA AGED ABOUT 54 YEARS D/O LATE VENKATASHAMI

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(B) SRI. NAGARAJ AGED ABOUT 50 YEARS S/O LATE VENKATASHAMI

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BOTH ARE RESIDING AT LAKSHMISAGAR VILLAGE, TEKAL HOBLI, MALUR TALUK, KOLAR DISTRICT.

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Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH

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Location: HIGH COURT OF KARNATAKA

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(BY SRI. SHESHADRI N.S., ADVOCATE)

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AND:

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…APPELLANTS

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SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY (NHAI) (BENGALURU TO CHENNAI EXPRESS HIGHWAY) HEBBAL, BENGALURU.

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2 - NC: 2026:KHC:28002 MFA No. 1139 of 2025

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HC-KAR

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SRI. H.P. VENKATESHAPPA AGED ABOUT 55 YEARS RESIDING AT LAKSHMISAGAR VILLAGE, TEKALHOBLI, MALUR TALUK, KOLAR DISTRICT.

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SRI. VENKATESHAPPA AGED ABOUT 54 YEARS S/O DODDA ABBAIAH RESIDING AT LAKSHMISAGAR VILLAGE, TEKAL HOBLI, MALUR TALUK, KOLAR DISTRICT.

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… RESPONDENTS

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THIS MFA IS FILED U/S 54(1) OF LAND ACQUISITION ACT PRAYING TO SET ASIDE THE ORDER DATED 11.07.2024 PASSED IN LAC.NO.50/2023 ON THE FILE OF THE PRL. DISTRICT AND SESSIONS JUDGE, KOLAR, FILED UNDER SECTION 3-H(4) OF NATIONAL HIGHWAYS ACT.

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

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CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

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ORAL JUDGMENT

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Heard learned counsel for the appellant.

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This appeal is preferred by the appellant, who

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was the claimant No.6, challenging the judgment and

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3 - NC: 2026:KHC:28002 MFA No. 1139 of 2025

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HC-KAR

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award dated 11.07.2024 in LAC No.50/2023. The Registry

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has raised an issue with regard to the maintainability of this appeal. The matter was referred to the Registrar (Judicial) to verify regarding the maintainability of this appeal, vide order dated 15.10.2025.

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The report is submitted by the Registrar (Judicial) vide order dated 01.06.2026 by referring to WP.No.14374/2009 dated 21.07.2010 and RFA No.1349/ 2010, wherein it is held by this Court that any judgment, if

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passed under Section 3H(4) of the National Highways Act, would be deemed to be a decree. Therefore, the present miscellaneous first appeal would not lie, and any challenge

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to such appeal would have to be filed under Section 96 of CPC.

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