- 1 - HC-KAR NC: 2025:KHC:47994-DB WA No. 828 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 828 OF 2024 (LA-RES) BETWEEN: 1. THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY, NH-48, NELMANGALA HASSAN DIVISION. KUNIGAL, TUMKUR DISTRICT 572 130, …APPELLANT (BY SRI. HANUMANTHA REDDY G., ADVOCATE) AND: 1. SHRI. SANNAIAH, S/O CHIKKAYALLAIAH, AGED ABOUT 74 YEARS, R/O KOTTIPURA VILLAGE, KASABA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT 572 130. 2. THE DEPUTY COMMSSIONER AND ARBITRATOR, NH-48, TUMKUR DISTRICT 572 101. …RESPONDENTS (R1-SERVED; BY SRI.S.H.RAGHVENDRA AGA FOR R2) THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THE WA AND QUASH AND SET ASIDE THE ORDER DATED 04.04.2024 OF THE LEARNED SINGLE JUDGE IN WP No-23611/2016 AND DISMISS THE WP No-23611/2016. Digitally signed by S NOORUNNISABEGUM Location: HIGH COURT OF KARNATAKA, BENGALURU - 2 - HC-KAR NC: 2025:KHC:47994-DB WA No. 828 of 2024 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH & HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MS. JUSTICE TARA VITASTA GANJU) 1. The present writ appeal has been filed by the appellant seeking to challenge the order dated 04.04.2024 passed by the learned Single Judge of this Court in W.P.No.23611/2016 [hereinafter referred to as “Impugned Order”]. 2. By the Impugned Order, the learned Single Judge has partly allowed the writ petition and directed the learned II Additional District Judge, Tumkur, to consider the application, A.A.No.7/2015 filed by respondent No.1 under Section 34 of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as “the A & C Act”] afresh in accordance with law. 3. None appears for the respondents despite service. - 3 - HC-KAR NC: 2025:KHC:47994-DB WA No. 828 of 2024 4. The brief relevant facts are that the land was acquired for the purpose of widening of NH-48 in terms of the Notification issued under Section 3D(1) of the National Highway Act, 1956 [hereinafter referred to as “the Act”]. Subsequently, a declaration was made vide Notification bearing No.S.O.2711(E) dated 21.11.2008. 4.1. The appellant passed an Award dated 05.06.2008 under Section 3D(1) of the Act, [hereinafter referred as to “the Award”] fixing the compensation payable to the landowners whose land was acquired. 4.2. The respondent No.1 applied for enhancement of the compensation and approached the Deputy Commissioner and Arbitrator [hereinafter referred to as “the Arbitrator”] for such enhancement. By an order dated 27.04.2015, the compensation was enhanced by the Arbitrator/respondent No.2. 4.3. Being aggrieved by the Award, a petition was filed by respondent No.1 under Section 34(2) of the A & C Act read - 4 - HC-KAR NC: 2025:KHC:47994-DB WA No. 828 of 2024 with Section 3G(5) of the Act with the prayer for enhancement of the compensation. 4.4. It was contended that the Court had jurisdiction to set aside the Arbitral Award. The learned Trial Court, after examining the contentions of the parties, passed a judgment dated 24.11.2015 stating that the appellant cannot file an application for enhancing the compensation under the provisions of Section 34(2) of the A & C Act. The Trial Court thus dismissed the application of respondent No.1. 4.5. Being aggrieved by the said order, respondent No.1 filed a writ petition under Articles 226 and 227 of the Constitution of India, impugning the judgment dated 24.11.2015. 4.6. The learned Single Judge came to a conclusion that the application under Section 34(2) of the A & C Act would be maintainable and set aside the order dated 24.11.2015 passed by the District Judge directing the District Judge to consider the application of the petitioner afresh and decide - 5 - HC-KAR NC: 2025:KHC:47994-DB WA No. 828 of 2024 the same on merits. It was further held that the District Judge shall not permit the question of delay to be raised during the hearing. 5. The only ground raised by the learned counsel for the appellant is that the writ petition could not have been allowed by the learned Single Judge, since no Award as is contemplated under the A & C Act has been passed and that there is availability of the alternative remedy to the petitioner. 6. Undisputably, the Award has been passed in an arbitration held under the provisions of Section 3G of the N.H. Act. Sub-section (6) of Section 3G of the N.H. Act provides for the provisions of the A & C Act to apply to all arbitrations under this Act. The relevant provision is extracted below: “3G. Determination of amount payable as compensation. (6) Subject to the provisions of this Act, the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply to every arbitration under this Act.” - 6 - HC-KAR NC: 2025:KHC:47994-DB WA No. 828 of 2024 7. Since the provisions of the A & C Act are applicable to all Awards under the N.H. Act, any award passed would be amenable to challenge as is set out in the A & C Act. 8. The learned Single Judge has directed that the Trial Court shall consider the challenge made by the respondent No.1. This Court finds no infirmity with this finding. 9. The writ appeal is accordingly dismissed. Sd/- (D K SINGH) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE YN/TIN List No.: 1 Sl No.: 20