IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF MARCH, 2021

PRESENT

THE HON’BLE MRS.JUSTICE S.SUJATHA

AND

THE HON’BLE MR. JUSTICE P.N.DESAI

M.F.A.No.7285/2015 (AA)

BETWEEN :

JAYAMMA

W/O BOREGOWDA,

AGED ABOUT 82 YEARS,

R/O HONNENAHALLI VILLAGE,

HIRISAVE HOBLI,

CHANNARAYAPATNA TALUK,

HASSAN DISTRICT-572201

...APPELLANT

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

AND :

1 .

PROJECT DIRECTOR

NATIONAL HIGHWAY,

DEVELOPMENT PROJECT, NH.48,

BANGALORE-560072.

2 .

SPECIAL LAND ACQUISITION OFFICER

& COMPETENT AUTHORITY,

NATIONAL HIGHWAY,

(NELAMANGALA-HASSAN DIVISION)

KUNIGAL, TUMKUR DISTRICT-16.

3 .

TECHNICAL MANAGER

N.H.A.I. KUNIGAL,

TUMKUR DISTRICT-16.

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4 .

DEPUTY COMMISSIONER

ARBITRATOR,

HASSAN DISTRICT-201.

…RESPONDENTS

(BY SRI R.V.NAIK, ADV. FOR R-1 TO R-3; R-4 SERVED.)

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

ARBITRATION

AND

CONCILIATION

ACT,

AGAINST

THE

JUDGMENT AND DECREE DATED 05.12.2014 PASSED IN

A.C.No.114/2013 ON THE FILE OF THE PRINCIPAL DISTRICT

JUDGE, HASSAN, DISMISSING THE APPEAL FILED UNDER

SECTION 34 OF ARBITRATION AND CONCILIATION ACT, THE

AWARD

PASSED

BY

THE

ARBITRATOR

IN

No.LAZ:ARB/NH.48/CR/06/2010-11,

DATED

10.05.2013

IS

CONFIRMED.

THIS APPEAL COMING ON FOR ADMISSION, 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 05.12.2014 passed in A.C. No.114/2013

by the Principal District Judge, Hassan, (‘District Court’

for short).

2.

It transpires that the appellant filed an

appeal under Section 34 of the Arbitration and

Conciliation Act, 1996 (‘Act’ for short) read with Section

3G(6) of the National Highways Act, 1956, against the

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award dated 10.05.2013 passed by the learned

Arbitrator.

3.

It appears that the Special Land Acquisition

Officer acquired the lands owned by the appellant i.e.,

land and buildings existed in Sy.Nos.112/1A2, 10/2,

60/A2, 60/1B1, 60/1D2, measuring an extent of 1409

square meter, situated at Honnenahalli village, Hirisave

Hobli, Channarayapattana Taluk, for the purpose of

formation of 4/6 lane of National Highway NH-48 for

public purpose. The Preliminary Notification under

Section 3A(1) of the National Highways Act, 1956 was

issued on 01.06.2006 and thereafter Final Notification

dated

24.09.2009

was

published.

Respondent

-

Authority has determined the compensation for the

lands, building and trees, in total at Rs.10,12,203/-.

4.

On further enhancement of compensation

sought by the appellant, the Deputy Commissioner,

Hassan, having been appointed as an Arbitrator by the

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Central Government as per Sections 3G(5) and (6) of the

Act,

examined

the

matter

and

enhanced

the

compensation awarded by the Special Land Acquisition

Officer. The said order of the Arbitrator was challenged

in A.C.No.114/2013 before the learned District Judge.

5.

In response to the notice issued by the

learned District Judge, respondent Nos.1 and 2

appeared through their counsel; respondent No.3

remained absent and respondent No.4 was represented

by the District Government Pleader.

6.

Respondent Nos.1 and 2 contested the

matter by filing statement of objections, setting up the

primary defence that the Special Land Acquisition

Officer has determined the compensation under Section

3G(7) of the National Highways Act, 1956 based on the

market value of the land as on the date of 3A

Notification at the rate of agricultural land value. The

Arbitrator ordered for payment of compensation at three

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times the rate fixed by the Special Land Acquisition

Officer, there is no scope for further enhancement of

compensation. On these grounds, respondents prayed

for dismissal of the appeal.

7.

The learned District Judge having heard the

arguments of the respective parties has framed the

points for consideration as under:-

1)

Whether the appellant made out any

g