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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.S.HEMALEKHA
National Highways Authority Of India, Project Implementation Unit–Mysuru, Represented By Its. Deputy General Manager (Tech) And Project Director, Sri. Rahul Kumar Gupta S/o. S.N. Gupta – Appellant
Versus
Deputy Commissioner, Mandya District – Respondent
ORDER :
K.S.HEMALEKHA, J.
The petitioner-National Highways Authority of India (NHAI) has filed this writ petition under Articles 226 and 227 of the Constitution of India, seeking to quash the proceedings titled as ‘Additional Award No.2’, dated 15.07.2023, the direction issued by the Deputy Commissioner dated 06.07.2024 and the subsequent ‘amendment award’ dated 01.02.2024 passed by the Special Land Acquisition Officer and Competent Authority (SLAO) – respondent No.2 for acquisition of lands situated in the B. Agrahara Village, Srirangapatna Taluk, Mandya District for the purpose of widening National Highway-275 (Mysuru-Madikeri) Division.
Brief Facts:
2. The acquisition of land in question was initiated under the provisions of the National Highways Act, 1956, (‘the NH Act’ for short). The preliminary notification under Section 3A (1) was issued on 05.01.2021 and the final notification under Section 3D (1) was issued on 09.03.2021 under the NH Act. The SLAO thereafter conducted an enquiry under Section 3G (3) and (4) of the NH Act and passed an award on 30.04.2021 determining compensation of Rs. 3.41 crores for the acquired lands.
3. On the challenge by the landowners before the Deputy
The court ruled that the Special Land Acquisition Officer had no jurisdiction to modify a compensation award once issued, affirming the principle that administrative instructions cannot alter a quasi....
The competent authority under the National Highways Act lacks jurisdiction to alter or review awarded compensation once finalized, except in limited circumstances defined by statute.
The Competent Authority under the National Highways Act, 1956, does not possess the power to issue supplementary awards that alter previously determined compensation amounts.
The District Collector exceeded jurisdiction by directing redetermination of compensation under the National Highways Act, as awards were already made prior to the 2013 Act's applicability.
Competent Authority under National Highways Act becomes functus officio after passing award under Section 3G(1) and lacks jurisdiction to issue corrigendum or modified award for same land.
The High Court cannot entertain writ petitions challenging arbitral awards after the statutory limitation period has expired, reinforcing the need for adherence to legislative intent in arbitration m....
The main legal point established in the judgment is the limitation on the authority's power to remit back the matter under Section 3(G)(5) of the National Highways Act, 1956, and the restrictions on ....
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