: 1 :

IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 6^TH DAY OF JANUARY, 2022

BEFORE

THE HON’BLE MR. JUSTICE R. NATARAJ

MFA NO.21999 OF 2013 (AA)

Connected with

MFA NO.21994 OF 2013 (AA), MFA NO.21995 OF 2013

(AA), MFA NO.21996 OF 2013 (AA), MFA NO.21997 OF

2013 (AA), MFA NO.21998 OF 2013 (AA),

IN M.F.A. NO.21999/2013:

BETWEEN:

NATIONAL HIGHWAY AUTHORITY OF INDIA,

BY ITS DEPUTY GENERAL MANAGER (TECH)

AND COMPETENT AUTHORITY FOR LAND

ACQUISITION (CA FOR LA)

NOW R/P BY PROJECT DIRECTOR DHARWAD

CH. RAMANUJULA RAO OF DHARWAD,

NEAR JMIT, NH-4, (KM.201),

CHITRADURGA – 577 502.

... APPELLANT

(BY SRI. SHIVASAI M. PATIL, ADVOCATE)

AND:

1.

MALTESHCHAR UMACHARY MAYACHARY

2.

NAGEDRACHARYA S/O. UMACHARY MAYACHARY

BOTH MAJORS AND AGRICULTURISTS

RESIDENTS OF KARUR VILLAGE,

: 2 :

RANEBENNUR TALUK, HAVERI DISTRICT.

3.

THE DEPUTY COMMISSIONER HAVERI

AND ARBITRATOR FOR NATIONAL HIGHWAY

AUTHORITY OF INDIA, HAVERI.

... RESPONDENTS

(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADV

FOR R1 AND 2

SRI. VINAYAK S. KULKARNI, AGA FOR R3)

THIS APPEAL IS FILED UNDER SECTION 37 OF THE

ARBITRATION AND CONCILIATION ACT 1996, FILED AGAINST

THE JUDGMENT AND DECREE DATED 01.02.2013 PASSED IN

ARBITRATION CASE NO.114/2010 ON THE FILE OF THE

DISTRICT JUDGE AT HAVERI, DISMISSING THE SUIT FILED

UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION

ACT 1996.

IN M.F.A. NO.21994/2013:

BETWEEN:

NATIONAL HIGHWAY AUTHORITY OF INDIA,

BY ITS DEPUTY GENERAL MANAGER (TECH)

AND COMPETENT AUTHORITY FOR LAND

ACQUISITION (CA FOR LA)

NOW R/P BY PROJECT DIRECTOR DHARWAD

CH. RAMANUJULA RAO OF DHARWAD,

NEAR JMIT, NH-4, (KM.201),

CHITRADURGA – 577 502.

... APPELLANT

(BY SRI. SHIVASAI M. PATIL, ADVOCATE)

AND:

1.

YALLAPPA S/O. SHIVAPPA SARATHI

AGE: MAJOR, OCC: AGRICULTURIST

R/O: KARUR VILLAGE,

RANEBENNUR TALUK, HAVERI DISTRICT.

: 3 :

2.

THE DEPUTY COMMISSIONER HAVERI

AND ARBITRATOR FOR NATIONAL HIGHWAY

AUTHORITY OF INDIA, HAVERI.

... RESPONDENTS

(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADV.

FOR R1 AND

SRI. VINAYAK S. KULKARNI, AGA FOR R2)

THIS APPEAL IS FILED UNDER SECTION 37 OF THE

ARBITRATION AND CONCILIATION ACT 1996, FILED AGAINST

THE JUDGMENT AND DECREE DATED 01.02.2013 PASSED IN

ARBITRATION CASE NO.118/2010 ON THE FILE OF THE

DISTRICT JUDGE AT HAVERI, DISMISSING THE SUIT FILED

UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION

ACT 1996.

IN M.F.A. NO.21995/2013:

BETWEEN:

NATIONAL HIGHWAY AUTHORITY OF INDIA,

BY ITS DEPUTY GENERAL MANAGER (TECH)

AND COMPETENT AUTHORITY FOR LAND

ACQUISITION (CA FOR LA)

NOW R/P BY PROJECT DIRECTOR DHARWAD

CH. RAMANUJULA RAO OF DHARWAD,

NEAR JMIT, NH-4, (KM.201),

CHITRADURGA – 577 502.

... APPELLANT

(BY SRI. SHIVASAI M. PATIL, ADVOCATE)

AND:

1.

MANJUNATH S/O. NAGAPPA KANNAL,

AGE: MAJOR, OCC: AGRICULTURIST

R/O: KARUR VILLAGE,

RANEBENNUR TALUK, HAVERI DISTRICT.

2.

THE DEPUTY COMMISSIONER HAVERI

AND ARBITRATOR FOR NATIONAL HIGHWAY

: 4 :

AUTHORITY OF INDIA, HAVERI.

... RESPONDENTS

(BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADV.

FOR R1 AND

SRI. VINAYAK S. KULKARNI, AGA FOR R2)

THIS APPEAL IS FILED UNDER SECTION 37 OF THE

ARBITRATION AND CONCILIATION ACT 1996, FILED AGAINST

THE JUDGMENT AND DECREE DATED 01.02.2013 PASSED IN

ARBITRATION CASE NO.119/2010 ON THE FILE OF THE

DISTRICT JUDGE AT HAVERI, DISMISSING THE SUIT FILED

UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION

ACT 1996.

IN M.F.A. NO.21996/2013:

BETWEEN:

NATIONAL HIGHWAY AUTHORITY OF INDIA,

BY ITS DEPUTY GENERAL MANAGER (TECH)

AND COMPETENT AUTHORITY FOR LAND

ACQUISITION (CA FOR LA)

NOW R/P BY PROJECT DIRECTOR DHARWAD

CH. RAMANUJULA RAO OF DHARWAD,

NEAR JMIT, NH-4, (KM.201),

CHITRADURGA – 577 502.

... APPELLANT

(BY SRI. SHIVASAI M. PATIL, ADVOCATE)

AND:

1.

DARSHAN S/O. HARIYAPPA MUDADYAVANNAVAR

AGE: MAJOR, OCC: AGRICULTURIST

R/O: KARUR VILLAGE,

RANEBENNUR TALUK, HAVERI DISTRICT.

2.

THE DEPUTY COMMISSIONER HAVERI

AND ARBITRATOR FOR NATIONAL HIGHWAY

AU