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2023 Supreme(Kar) 21

N. S. SANJAY GOWDA
T. Younis @ Unees, S/o. Haji T. Ameer Sab – Appellant
Versus
Special Land Acquisition Officer & The Competent Authority, National Highway Authority of India, Vidya Nagar, 4th Main Road, 5th Cross, Opp: Gangaparameshwari Kalyan Mantapa, Vidyanagar – Respondent


Advocates Appeared:
For the Petitioner: Shri. Mallikarjunswamy B. Hiremath.
For the Respondents: Sri. Vinayak S. Kulkarni, Smt. Shilppa Shah, Adv. for Sri. Shivaraj Ballolli.

ORDER :

1. Two endorsements issued by the Special Land Acquisition Officer (for short, “the Competent Authority”), National Highway Authority dated 20.05.2022 and 20.09.2022 vide Annexures-F and F1 respectively are challenged in this writ petition by the landowner.

2. The Competent Authority, by the above-mentioned endorsements, has informed the petitioner that the payment of the compensation in respect of the acquired lands belonging to the petitioner in Sy.Nos.503/A2 & 503/B2 of Amaravati Village, Hospet Taluk cannot be made because the National Highway Authority of India (for short, "NHAI") had received a legal opinion that it should not release the payment due to the pendency of the applications filed under Section 33 of the Arbitration and Conciliation Act, 1996 (for short, "the A & C Act") and the payment would be released by NHAI only after the award attains finality.

3. The admitted facts of the case are that a notification under Section 3A of the National Highways Act, 1956 (for short “the Act”), declaring the intention of the Government to acquire the lands was published on 15.12.2009. This was followed by a declaration under Section 3D of the Act, which was published on 1

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