- 1 - HC-KAR NC: 2026:KHC:10141-DB WA No. 680 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT APPEAL NO. 680 OF 2025 (LA-RES) BETWEEN: 1. T N VISHU KUMAR S/O T R NAGARAJ, AGED ABOUT 43 YEARS, R/AT TARIKERE TOWN, KODI CAMP, LINGADAHALLI MAIN ROAD, TARIKERE TALUK, CHIKKAMAGALURU DISTRICT – 577 228. 2. B.M. THIPPESWAMY S/O MALLAPPA, AGED ABOUT 48 YEARS, R/AT BETTATHAVAREKERE VILLAGE, AMRUTHAPURA HOBLI, TARIKERE TALUK, CHIKKAMAGALURU DISTRICT – 577 228. 3. SMT. VEENA D/O T.R. NAGARAJ, AGED ABOUT 43 YEARS, R/AT NO.32, 36TH MAIN ROAD, BTM 2ND STAGE, BENGALURU SOUTH, RAJAJINAGAR BENGALURU – 560 076. 4. H.M. MALLIKARJUN S/O LATE K.M. MAHESWARAIAH, AGED ABOUT 40 YEARS, R/AT HALIGERE VILLAGE CHIKKAMAGALURU DISTRICT – 577 138. …APPELLANTS (BY SRI. PRITHVEESH M K, ADVOCATE FOR SRI. YATHISHA H.M, ADVOCATE) Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10141-DB WA No. 680 of 2025 AND: 1. SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY NATIONAL HIGHWAY 206, TUMKUR, SHIMOGA CIRCLE, SHIVAMOGGA – 577 201. 2. UNION OF INDIA REP. BY SECRETARY TO THE DEPARTMENT OF ROAD TRANSPORT AND HIGHWAYS, NEW DELHI – 110 001. 3. PRINCIPAL CHIEF CONSERVATOR OF FOREST HEAD OF FOREST FORECE, ARANYA BHAVAN, 18TH CROSS, MALLESHWARAM, BENGALURU – 560 003. 4. NATIONAL HIGHWAYS AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT-TUMAKURU HAVING OFFICE AT, SRI. RAKSHE, 80 FT ROAD MAHALAKSHMI NAGAR NEAR KRISHNA COLLEGE, BATAWADI TUMAKURU – 572 103. …RESPONDENTS (BY SMT. SHILPA SHAH, ADVOCATE FOR R4; SRI. S. RAJASHEKAR, ASG FOR R2) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED ORDER/JUDGEMENT DATED 29/01/2025 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.5000/2023 INSOFAR AS ASSESSMENT OF THE VALUATION FOR THE SANDALWOOD TREES AND THE NUMBER OF SANDALWOOD TREES CAN BE GROWN IN AN ACRE AND ETC., THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:10141-DB WA No. 680 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) 1. The present intra Court appeal has been filed impugning the order dated 29.01.2025 passed by the learned Single Judge in WP No.5000/2023. 2. The parties are referred to as per their ranking before the Writ Court, for the sake of convenience. 3. The lands in Survey Nos.28/9 to 17, 28/5, 28/8 and 22 to 23, 24 and 31/4 to 10 of Haliyuru Village have been acquired for the construction of the National Highway No.206. 4. The present appeal is concerned only with respect of the lands in Sy.No.28/15 measuring 1.20 guntas, Sy.No.28/22 measuring 0.01.4 guntas, Sy.No.28/34 measuring 4.04 guntas and Sy.No.28/17 measuring 2.08 guntas. 5. In respect of the lands in question, it is stated that some sandalwood trees are planted by the petitioners, compensation was determined for an amount of Rs.17,89,710/- by the award dated 27.06.2022. The - 4 - HC-KAR NC: 2026:KHC:10141-DB WA No. 680 of 2025 petitioners, being dissatisfied with the awarded sum for the sandalwood trees, filed the writ petition. 6. The learned Single Judges spent considerable time, energy and page in deciding the writ petitions, which was not at all warranted, inasmuch as under the provisions of Section 3G(5) of the National Highways Act, 1956, if a person is dissatisfied with the award, he can invoke the arbitration. 7. Instead of invoking the arbitration, which is a statutory remedy available to the petitioners, they filed the writ petition and the learned Single Judge has entered into the disputed questions of fact unnecessarily. We, therefore, set aside the impugned order dated 29.01.2025 and give liberty to the petitioners/appellants herein to undertake the arbitration proceeding, if the petitioners feel dissatisfied with the award in respect of their land and sandalwood trees under Section 3G(5) of the National Highways Act, 1956. 8. By the order dated 06.01.2026, we have already permitted the National Highways Authority of India (NHAI) to complete the construction of National Highway - 5 - HC-KAR NC: 2026:KHC:10141-DB WA No. 680 of 2025 No.206 as the project is of great public interest and the private interest would not come in the way of carrying out the project. If the trees standing on the land are to be cut, the Authority may cut those trees, if already not cut, with notice to the appellants/petitioners. 9. We also direct the NHAI not to dispose of the sandalwood trees till the necessary orders are passed by the arbitrator. If the appellants/petitioners approach the arbitrator, the arbitrator to conclude the arbitral proceedings expeditiously within the period of four weeks. Any findings of fact or observation made by the learned Single Judge will not be binding on the arbitrator while deciding the arbitration proceedings. With the aforesaid observation, the writ appeal is disposed of. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE UN List No.: 1 Sl No.: 3