IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9^TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 100928 OF 2026 (LA-RES)

BETWEEN:

1. THE SPECIAL LAND ACQUISITION OFFICER NHAI, PILLENAKERE ROAD, 1^ST CROSS ROAD, BASAVESHWAR NAGAR, CHITRADURGA, NOW AT: 1^ST MAIN, BANK COLONY, CHITRADURGA-577502.

2. THE PROJECT DIRECTOR NATIONAL HIGHWAYS AUTHORITY OF INDIA, (PIU), NEAR J.M.I.T COLLEGE, NH-48 (OLD NH-4), CHITRADURGA, NOW AT. HOUSE NO. 1383, SAMRAT LAYOUT, BANK COLONY, BEHIND SRE BPCL PETROL BUNK, CHITRADURGA – 577502.

…PETITIONERS (BY SRI. B.P.MATHAPATI, ADVOCATE)

AND:

MANJANNA E 1. K.M.SURESH S/O. TIPPESWAMY R/O. ALURU VILLAGE, TQ: KUDLIGI, Digitally signed by DIST: VIJAYANAGAR - 583218.

MANJANNA E Location: HIGH COURT OF KARNATAKA D D H at A e: R 2 W 0 A 2 D 6. 0 B 2 E . N 27 CH 2. SAROJAMMA W/O. K MALLAPPA, 17:05:23 +0530 R/O. ALURU VILLAGE, TQ: KUDLIGI, DIST: VIJAYANAGAR - 583218.

3. K.S. MANGALAMMA, R/O. ALURU VILLAGE, TQ: KUDLIGI, DIST: VIJAYANAGAR - 583218.

4. SHAILA K. S., R/O. ALURU VILLAGE, TQ: KUDLIGI, DIST: VIJAYANAGAR - 583218.

5. KIRANKUMAR K. S., R/O. ALURU VILLAGE, TQ: KUDLIGI, DIST: VIJAYANAGAR - 583218.

6. ARUNKUMAR K. S., R/O. ALURU VILLAGE, TQ: KUDLIGI, DIST: VIJAYANAGAR - 583218.

7. K.M. NANJUNDAPPA S/O. K.M. MALLIKARJUNAPPA, R/O. ALURU VILLAGE, TQ: KUDLIGI, DIST: VIJAYANAGAR-583218.

8. K.M. PARVATAPPA S/O. K.M. MALLIKARJUNAPPA, R/O. ALURU VILLAGE, TQ: KUDLIGI, DIST: VIJAYANAGAR - 583218.

9. K.T. PUSHPAVATI W/O. LATE M. TIPPERUDRAPPA, R/O. ALURU VILLAGE, TQ: KUDLIGI, DIST: VIJAYANAGAR - 583218.

10. K.M. REVANASIDDAPPA S/O. K.M. MALLIKARJUNAPPA, R/O. ALURU VILLAGE, TQ: KUDLIGI, DIST: VIJAYANAGAR-583218.

11. THE ARBITRATOR FOR NATIONAL HIGHWAY NO.13 AND NEW (NH-50) AND THE DEPUTY COMMISSIONER, VIJAYANAGAR DISTRICT, HOSAPETE-583201.

…RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED INTERIM ORDER DATED 15.09.2025 PASSED BY THE HON’BLE PRINCIPAL DISTRICT AND SESSIONS JUDGE, BALLARI IN ARBITRATION APPEAL NO. 107/2025, VIDE ANNEXURE-C AND ETC.

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA

ORAL ORDER

The petitioners-Special Land Acquisition Officer, National Highways Authority of India (‘NHAI’ for short) and Project Director, NHAI, have filed this writ petition calling in question the order dated 15.09.2025 passed by the Principal District and Sessions Judge, Ballari, in Arbitration Appeal No.107/2025, whereby IA No.1/2025 filed under Section 9 of the Arbitration and Conciliation Act, 1996 (‘1996 Act’ for short) was allowed and stay of the operation and execution of the Arbitral Award dated 05.03.2025 was granted subject to deposit 75% of the Award amount within a period of 30 days.

2. Brief facts Land bearing Sy. No.204/1 measuring 5260.91 Sq. Mtr situated at Aluru village, Kudligi Taluk of Vijayanagara District was acquired for the purpose of four-laning of NH- 50 under the provisions of the National Highways Act, 1956 (‘National Highways Act’ for short). The competent authority awarded compensation at Rs.49.42/- per Sq., Mtr.

3. Aggrieved by the quantum, the land owners sought re-determination under Section 3(G)(5) of the National Highways Act before the Arbitrator of National Highway, Deputy Commissioner, who by the Award dated 05.03.2025 enhanced the compensation to Rs.1650/- per Sq., Mtr along with interest. The petitioners filed Arbitration Appeal No.107/2025 under Section 34 of the 1996 Act challenging the Award. Pending disposal of the appeal, they filed IA No.1/2025 seeking stay of the operation and execution of the Award. The District Court granted conditional stay directing to deposit 75% of the Award amount. The said order is assailed in the present writ petition.

4. Learned counsel for the petitioners submits that the District Court mechanically imposed a condition