- 1 - HC-KAR NC: 2025:KHC:30530-DB CCC No. 267 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K CIVIL CONTEMPT PETITION NO. 267 OF 2024 BETWEEN: 1. SHRI. MANOHAR PATEL R. S/O RAMU R @ VR RAMANNA AGED ABOUT 48 YEARS R/O. 3RD MAIN VALAGERE HALLI RANGAPPA LAYOUT BEHIND SHANKAR NAGAR TIPATURU, TUMAKURU-572 202 2. SHRI. MOHAN PATEL S/O RAMU R. @ VR RAMANNA AGED ABOUT 46 YEAS R/O. 3RD MAIN VALAGERE HALLI RANGAPPA LAYOUT BEHIND SHANKAR NAGAR TIPATURU, TUMAKURU-572 202 …COMPLAINANTS (BY SRI. MAITREYI KRISHNAN, ADVOCATE) AND: SHRI. DHARMAPAL THE SPECIAL LAND ACQUISITION OFFICER AND APPROPRIATE AUTHORITY NATIONAL HIGHWAYS AUTHORITY OF INDIA Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30530-DB CCC No. 267 of 2024 BETTASHREE COMPLEX 1ST FLOOR RENUKA SUPER BAZAR 5TH CROSS, 60 FT. ROAD SAPTHAGIRI EXTENSION TUMAKURU-572 102 …ACCUSED (BY SRI. HANUMANTHA REDDY G., ADVOCATE) THIS CCC IS FILED UNDER ARTICLE 215 AND SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT PRAYS THAT THE HON'BLE COURT BE PLEASED TO INITIATE PROCEEDINGS AGAINST THE ACCUSED FOR DISOBEDIENCE OF THIS HON'BLE COURT JUDGMENT IN W.P.No.837/2022 (AND CONNECTED MATTERS) DATED 03.02.2023, ANNEXURE-B AND TO GRANT SUCH OTHER RELIEFS AS THIS HON'BLE COURT FIT TO GRANT TO THE COMPLAINANTS ON THE FACTS AND CIRCUMSTANCES OF THE PRESENT CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K - 3 - HC-KAR NC: 2025:KHC:30530-DB CCC No. 267 of 2024 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This Contempt of Court Case is filed alleging non- compliance of the judgment dated 03.02.2023 passed by this Court in Writ Appeal No.837/2022 (LA-RES). 2. A compliance affidavit dated 18.03.2025 has been placed on record. An award had been passed in terms of taking note of Schedule II and III of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013("2013 Act" for short), with regard to the compensation payable under Schedule II and III. A lumpsum compensation has been calculated and awarded as Rs.9,00,365/- as is evident from the award which is placed on record by the learned counsel for the accused. 3. Learned counsel for the complainant submits that Schedule II and III set out several elements including non-monetary components, for award of compensation and that the direction was for the computation of such - 4 - HC-KAR NC: 2025:KHC:30530-DB CCC No. 267 of 2024 compensation in accordance with the Schedule II and III. It is submitted that the award now passed does not specifically refer to separate heads under which the compensation is being granted and does not refer to the non-monetary aspects of the compensation as provided in Schedule II and III. 4. Having considered the contentions advanced and in view of the fact that there is a remedy available to the land losers to approach the Arbitrator in terms of Section 3-G of the National Highways Act, 1956 ('NH Act' for short), we are of the opinion that the non-specification of the heads on which the compensation is awarded in terms of Schedule II and III and the non-monetary element of compensation are issues in which the land losers would be able to take up before the Arbitrator in terms of Section 3-G of the NH Act. 5. Leaving open the contentions of the parties to be agitated appropriately before the Arbitrator, if so - 5 - HC-KAR NC: 2025:KHC:30530-DB CCC No. 267 of 2024 advised, the Contempt of Court Case is dropped. We make it clear that we have expressed no opinion on the merits of the contentions and all contentions are left open to be agitated in accordance with law. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE RAK List No.: 1 Sl No.: 74