- 1 - HC-KAR NC: 2025:KHC:47637 WP No. 31551 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 31551 OF 2025 (GM-RES) BETWEEN: SATYHYANARAYANA S/O LATE NANJAPPA AGE ABOUT 61 YEARS R/O VIDYANAGARA SHIVAMOGGA - 577 201 …PETITIONER (BY SRI. RAJU BHAT, ADVOCATE) AND: 1. UNION OF INDIA MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NEW DELHLI - 110 001 REPRESENTED BY SECRETARY. 2. SPECIAL LAND ACQUISITIOH OFICER AND COMPETENT AUTHORITY N.H. 13, CHITRADURGA-SHIVAMOGGA SECTION K.R. CIRCLE, BANGALORE - 560 001. 3. THE ECEXUTIVE ENGINEER AND MANAGER TECHNICAL AND P.P.P CELL NATIONAL HIGHWAYS SHIVAMOGGA - 577 201. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47637 WP No. 31551 of 2025 4. THE DEPUTYCOMMISSIONER AND THE DISTRICT MAGISTRTATE SHIVAMOGGA DISTRICT AND THE SOLE ARBITRATOR NATIONAL HIGHWAY ACT, 1956 SHIVAMOGGA, DISTRICT SHIVAMOGGA - 577 201 …RESPONDENTS (BY SRI. SARITHA KULKARNI, AGA FOR R2 AND R4; R1 AND R3 - SERVICE OF NOTICE IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH PORTION ORDER DATED 05.07.23 PASSED BY THE RESPONDENT NO. 3 IN NH-13, LAC ARBT. 64/2014-15 IN GRANTING LESS AMOUNT OF COMPENSATION AND SOLATIUM AT THE RATE OF 100 PERCENT ONLY ON ENHANCED COMPENSATION WHICH IS CONFIRMED BY THE ORDER OF THE COURT OF PRI. DISTRICT AND SESSIONS JUDGE SHIVAMOGGA DATED 01/03/2025 IN ARBITRATION PETITION NO. 22/2023. A CERTIFIED COPY OF THE IMPUGNED ORDER IS HEREBY PRODUCED AS ANNEXURE- A AND B RESPECTIVELY AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:47637 WP No. 31551 of 2025 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned Additional Government Advocate is directed to accept notice for respondents No.2 and 4. 2. Notice to respondents No.1 and 3 is dispensed with. 3. The petitioner is before this Court seeking for the following reliefs: "a) Issue a writ certiorari or any other writ, direction, order in the nature to quash portion Order dated 05/07/2023 passed by the Respondent No.4 in NH-13, LAC ARBT. 64/2014-15 in granting less amount of compensation and solatium at the rate of 100% only on enhanced compensation which is confirmed by the Order of the Court of Prl. District & Sessions Judge Shivamogga dated 01/03/2025 in Arbitration Petition No.22/2023. A certified copy of the impugned order is hereby produced as Annexure-A and B respectively. b) ISSUE a writ of mandamus or any other writ, direction order in the nature directing the respondents to comply with the provisions of the Right to Fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 insofar as the rehabilitation and resettlement entitlements of the petitioner including the First, Second and Third schedule for the acquired land of the petitioner. - 4 - HC-KAR NC: 2025:KHC:47637 WP No. 31551 of 2025 c) GRANT any other or further relief/s which are deemed fit in the facts and circumstances of the case and in the interest of Justice and equity." 4. The petitioner is challenging the dismissal of a challenge to a compensation award passed under Section 3-G(5) of the National Highway Act, 1956, which was so filed under Section 34 of the Arbitration and Conciliation Act, 1996 ('the A&C Act' for short). The petitioner would be required to challenge the order under Section 34 of the A&C Act by filing appeal under Section 37 of the A&C Act. 5. Reserving such liberty, petition stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE JY List No.: 1 Sl No.: 2