- 1 - HC-KAR NC: 2025:KHC-D:9294 MFA No. 23516 of 2013 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 23516 OF 2013 (MV-) BETWEEN: 1. NATIONAL HIGHWAY AUTHORITY OF INDIA BY ITS MANAGER (TECH), & COMPENTENT AUTHORITY FOR LAND ACQUISITION (CA FOR LA) DHARWAD, CH. RAMANUJALA RAO OF DHARWAD NOW REP BY PROJECT DIRECTOR, NEAR JMIT, NH-4, (KM.201) CHITRADURGA-577 502. …APPELLANT (BY SRI. SHIVASAI M PATIL, ADVOCATE) AND: 1. SHIVAYOGI S/O SHRIKANTAYYA SALIMATH 2. OMPRAKASH S/O SHRIKANTAYYA SALIMATH 3. VIDYADAR S/O SHRIKANTAYYA SALIMATH ALL MAJORS, OCC: AGRICULTURE R/O. KARUR VILLAGE, TQ. RANEBENNUR, DIST. HAVERI. 4. THE DEPUTY COMMISSIONER, HAVERI AND ARBITRATOR FOR NATIONAL HIGHWAY AUTHORITY OF INDIA, HAVERI. …RESPONDENTS (BY SRI. S M KALAWAD ADV, FOR R1 TO R3 SRI. ABHISHEK M PATIL, HCGP FOR R4) MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.08.01 11:28:09 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9294 MFA No. 23516 of 2013 THIS MFA IS FILED U/S.37 OF THE ARBITRATION AND CONCILIATION ACT, 1996, FILED AGAINST THE JUDGMENT AND DECREE DATED 04.03.2013 PASSED IN ARBITRATION CASE NO.108/2010 ON THE FILE OF THE DISTRICT JUDGE, HAVERI, DISMISSING THE SUIT BY CONFIRMING THE AWARD MADE BY THE DEPUTY COMMISSIONER, HAVERI. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, THE JUDGMEENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) 1. This Appeal arises out of the judgment dated 04.03.2013 in Arbitration Suit No.108/2010 passed by the learned District Judge, Haveri. 2. Learned counsel for the appellant submits that, regarding the very same acquisition, the acquiring body as well as the other land-losers had challenged the similar award of Arbitration under Section 34 of the Arbitration and Conciliation Act, 1996 in Arbitration Suit Nos.12 to 17, 20, 22, 25, 26, 29 and 46/2009. 3. The learned Presiding Officer, in terms of the common judgment dated 21.09.2012 had remitted - 3 - HC-KAR NC: 2025:KHC-D:9294 MFA No. 23516 of 2013 the matter back to the Arbitrator/Deputy Commissioner to hear the parties affected, and to pass an award in light of the observations recorded in the judgment, and in light of the provisions contained in Section 3G(7) of the National Highways Act, 1956. 4. The learned counsel for the parties submit that, the appeal be allowed, and the impugned judgment passed in the Arbitration Suit be set aside, and the award passed by the Arbitrator regarding the acquisition of the lands of the land-losers also be set aside, and remit the case to the Arbitrator, to dispose of, in accordance with law. 5. Admittedly, the appellant and the land-losers have challenged a similar award of the Arbitrator under Section 34 of the Arbitration and Conciliation Act, in the aforesaid Arbitration Suits. - 4 - HC-KAR NC: 2025:KHC-D:9294 MFA No. 23516 of 2013 6. The learned Presiding Officer, in terms of the common judgment, set aside the Awards passed by the Arbitrator. 7. To maintain uniformity in the Quantum of compensation to be paid to the land-losers, it is just and appropriate that, the award passed by the Arbitrator in the present appeal should also be set aside, and the Arbitrator should be directed to determine the quantum of compensation payable. 8. In view of the above discussion, I proceed to pass the following order. ORDER (i) The Miscellaneous First Appeal is allowed. (ii) The judgment and decree dated 04.03.2013 in Arbitration Suit No.108/2010 passed by the learned District Judge, Haveri, and the award passed by the Deputy Commissioner in LAQ/ARBT/NH/CR-1396/2004- - 5 - HC-KAR NC: 2025:KHC-D:9294 MFA No. 23516 of 2013 05/Karur dated 06.01.2010 are hereby set aside. (iii) The matter is restored to its original file. (iv) The Deputy Commissioner is directed to hear, and pass the appropriate award in accordance with law. (v) The amount in deposit shall be returned to the appellant. (vi) The Deputy Commissioner, i.e. respondent No.4 herein, is directed to dispose of the proceedings within a period of six months from the date of receipt of a copy of this order. Sd/- (ASHOK S. KINAGI) JUDGE RK CT: BSB List No.: 1 Sl No.: 51