IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF JUNE, 2021

PRESENT

THE HON9BLE MRS.JUSTICE S.SUJATHA

AND

THE HON9BLE MR. JUSTICE E.S.INDIRESH

M.F.A.No.8748/2015 (AA)

BETWEEN :

H.N.ANNEGOWDA

S/O NANJEGOWDA @ THAMMANNA

AGED ABOUT 63 YEARS

R/O HONNENAHALLI VILLAGE

HIRISAVE HOBLI,

CHANNARAYAPATNA TALUK

HASSAN DISTRICT-573201

...APPELLANT

(BY SRI HALESHA R.G., ADV.)

AND :

1 .

PROJECT DIRECTOR

NATIONAL HIGHWAY DEVELOPMENT PROJECT

N.H.48, BANGALORE-72.

2 .

SPECIAL LAND ACQUISITION OFFICER

& COMPETENT AUTHORITY

(NELAMANGALA-HASSAN DIVISION)

KUNIGAL, TUMKUR DISTRICT-572101

3 .

TECHNICAL MANAGER

N.H.A.I., KUNIGAL

TUMKUR DISTRICT-572101

- 2 -

4 .

DEPUTY COMMISSIONER

ARBITRATOR

HASSAN DISTRICT-573201

&RESPONDENTS

(BY SRI B.V.PRAKASH ANGADI, ADV. FOR R-1 TO R-3;

SRI T.P.SREENIVASA, AGA FOR R-4.)

THIS M.F.A. IS FILED UNDER SECTION 37(1)(a)(b) OF

ARBITRATION

AND

CONCILIATION

ACT,

AGAINST

THE

JUDGMENT AND DCREE DATED 04.02.2015 PASSED IN

A.C.No.54/2013 ON THE FILE OF THE PRINCIPAL DISTRICT

JUDGE AT HASSAN, DISMISSING THE APPEAL FILED UNDER

SECTION 34 OF ARBITRATION AND CONCILIATION ACT

AGAINST THE AWARD PASSED BY THE ARBITRATOR IN

No.LAQ:ARB/NH.48/CR/06/2010-11, DATED 10.05.2013.

THIS APPEAL COMING ON FOR ORDERS, THIS DAY,

S. SUJATHA, J., DELIVERED THE FOLLOWING:

J U D G M E N T

This appeal is directed against the judgment and

decree dated 04.02.2015 passed in A.C.No.54/2013 on

the file of the Principal District Judge, Hassan, whereby

the application filed by the appellant/applicant under

Section 34 of the Arbitration and Conciliation Act, 1996

(8Act 19969 for short) read with Section 3G(6) of National

Highway Act, 1956 has been dismissed confirming the

award passed by the learned Arbitrator.

- 3 -

2.

This

Court

in

MFA

No.7285/2015

extensively considering the scope of Section 34 of the

Act, 1996 has categorically held that no application filed

under Section 34 of the Act, 1996 seeking enhancement

of compensation awarded by the learned Arbitrator is

maintainable.

3.

Indisputedly, the said judgment is squarely

applicable to the facts and circumstances of the present

case. In the light of the judgment rendered in MFA

No.7285/2015 dated 17.03.2021, this appeal is liable to

be dismissed.

4.

In the result, the appeal stands dismissed

confirming the judgment and order dated 04.02.2015

passed by the Principal District Judge at Hassan in

A.C.No.54/2013 as well as the award passed by the

learned Arbitrator dated 10.05.2013.

No order as to costs.

- 4 -

All pending I.As. stand disposed of accordingly.

Sd/-

JUDGE

Sd/-

JUDGE

PMR