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2022 Supreme(Kar) 901

SURAJ GOVINDARAJ
Shalini – Appellant
Versus
National Highway – Respondent


Advocates appeared:
Sri. S C Jainar, Advocate, for the Appellant; Sri. Sagar Laddamath and Sri. B. P. Mathapati, Sri. M. B. Kanavi, Advocate, for the Respondent.

ORDER

1. The petitioners are before this Court seeking for the following reliefs:

    a. Issue a writ in the nature of certiorari quashing the impugned order dated 22.12.2020 passed by the Hon'ble Principal District Judge, Dharwad in EP No.302/2015 vide Annexure-J, in respect of the Stamp duty to pay as per Article 11 of the Karnataka Stamp Act.

    b. Pass any other order as this Hon'ble Court deems fit on the facts and circumstances of the case.

    2. The grievance of the petitioners is that, the petitioners are the decree holders and owners of the land bearing survey No.604 measuring 05 acres 05 guntas, under which an extent of 10,220 sqmtr was taken possession for construction of flyover by the National Highways Authorities of India (NHAI). The competent Authority had passed an award as regards the lands acquired. However, being dissatisfied by the said award, the petitioners submitted a reference for arbitration on 31.10.2012, in terms of Section 3-G(5) of the National Highway Act, 1956 (hereinafter for brevity referred to as NHA), seeking for enhancement of compensation.

    3. The Arbitrator has thereafter passed an award, awarding compensation of ?l,186/- per sq.mtr along with interest at 9% p

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