NATIONAL HIGHWAYS AUTHORITY OF INDIA vs SRI JERALD LAWRENCE MIRANDA
- Court
- Karnataka High Court
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HC-KAR
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COMAP No. 468 of 2023
CNR: KAHC010589232022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 29 DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE K.S.BHARATH KUMAR
COMMERCIAL APPEAL NO.468 OF 2023
BETWEEN:
1. NATIONAL HIGHWAYS AUTHORITY OF INDIA
PROJECT IMPLEMENTATION UNIT-MANGALORE,
DOOR NO.3-29, "BETHEL",
THARETHOTA NEAR PUMPWELL (NH-66),
MANGALORE - 575 002.
REP BY ITS THE PROJECT DIRECTOR,
H.S. LINGEGOWDA.
…APPELLANT
(BY SRI. PRAKASH ANGADI B V., ADVOCATE)
Digitally
signed by
RAKSHA
Location:
high court
of
karnataka
AND:
1. SRI JERALD LAWRENCE MIRANDA
S/O VCITOR MIRANDA
R/AT D/O.4-65/10, "JERUSALEM",
KAMBLA GARDEN, BONDEL,
MANGALURU.
2. THE ARBITRATOR AND DEPUTY COMMISSIONER
D.K. DISTRICT, MANGALORE - 575 001.
3. THE SPECIAL LAND ACQUISITION OFFICER
AND COMPETENT AUTHORITY, NHAI,
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COMAP No. 468 of 2023
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N.G.O.S. BUILDING, MINI VIDHANA SOUDHA
COMPOUND, MANGALURU - 575 001.
…RESPONDENTS
(BY SRI. ANISH ACHARYA, ADVOCATE FOR R1,
SRI. BYREGOWDA N., AGA FOR R2,
V.O.D. 03.08.2024, NOTICE TO R3 D/W)
THIS COMAP IS FILED UNDER SECTION 13(1)(a) OF THE
COMMERCIAL COURT ACT, PRAYING TO SET ASIDE THE
JUDGMENT DATED: 08.08.2022 IN THE SUIT A.P. NO.102/2021
PASSED BY THE HON’BLE IV ADDL. DISTRICT AND SESSIONS
JUDGE, D.K.DISTRICT, MANGALORE, CONSEQUENTLY SET
ASIDE THE ARBITRAL AWARD/ORDER IN NO.C.DIS.ARB (2) NH
ND
LAQ.CR.207/2018-19 DATED:24.08.2021 PASSED BY THE 2
RESPONDENT. INSOFAR AS THE ENHANCEMENT MADE BY THE
ND
2 RESPONDENT AT THE RATE OF RS.2,01,600/- PER CENT
AND ALLOW THE APPEAL WITH COST AND GRANT SUCH OF
THE RELIEF AS THIS HON’BLE COURT DEEMS FIT TO GRANT IN
THE CIRCUMSTANCES OF THIS CASE, IN THE INTEREST OF
JUSTICE.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE K.S.BHARATH KUMAR
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HC-KAR
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COMAP No. 468 of 2023
CNR: KAHC010589232022
ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
1. This appeal is preferred by the National Railway
Authority of India against the order of the IV Additional
District and Commercial Court, Dakshina Kannada District,
Mangaluru in Arbitration Petition No.102/2021 dated
08.08.2022, wherein the arbitration proceedings preferred
by the appellant has been dismissed and the award dated
24.08.2021 of the Arbitrator and Deputy Commissioner,
Dakshina Kannada District, Mangaluru has been affirmed.
2. Learned counsel for the appellant submits that the
question raised in this appeal is with regard to the
applicability of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (for short the '2013 Act') to the
acquisition, which was initiated in the year 2011, by a
preliminary notification. It is submitted that the issue
raised stands squarely covered by the judgment of the
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COMAP No. 468 of 2023
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Co-ordinate Bench of this Court dated 13.01.2025 passed
in MFA No.5128/2024, as also, by the judgment dated
23.03.2026 passed in Commercial Appeal No.555/2024.
3. Learned counsel would contend that considering the
provisions of the National Highways Act, 1956, as well as
the 2013 Act and the Land Acquisition Act, 1894, the
Co-ordinate Bench of this Court in M.A.No.5128/2024 has
held that since the acquisition was initiated in 2011 and
the award was passed before 31.12.2014, the award of
the Arbitrator to the extent of calculating the
compensation as per the provisions of the 2013 Act is
untenable and is liable to be set aside. Therefore, the
judgment of the IV Additional District and Sessions Judge,
Dakshina Kannada, as well as the arbitral award, stood set
aside.
4. It is submitted that the notification in the instant
case is the very same notification and that the order dated
08.08.2022, in the instant case, also proceeds to calculate
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COMAP No. 468 of 2023
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the entire compensation as per the provisions of the 2013
Act.
5. It is contended by learned counsel for the appellant
that the parties would be entitled only to the calculation of
the land value and solatium in terms of the 2013 Act and
not for all the benefits under the said Act in terms of the
decision of the Hon'ble Apex Court in the case of Union of
India and Another Vs. Tarsem Singh and Others
reported in (2019) 9 SCC 304 . This aspect of the matter
has been clearly considered by the Co-ordinate Bench of
this Court in the judgment passed in MFA No.5128/2024 .
6. Having considered the contentions advanced on
either side and in view of the fact that the appeal arise
from an acquisition initiated by a preliminary notification
issued on 18.12.2009 and a final notification issued on
14.12.2010 and since the award was passed on
08.08.2022 by the IV Additional District and Sessions
Judge, we are of the opinion that findings of the
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COMAP No. 468 of 2023
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Co-ordinate Branch of this Court in MFA No.5128/2024 are
applicable to the facts of the present case as well.
7. We notice that the findings of the Hon'ble Apex Court
in the decision of Union of India and Another Vs.
Tarsem Singh and Others case (supra) especially at
paragraph 48 thereof, has been clearly taken note of by
the Co-ordinate Bench of this Court, and it has been held
that the award of the Arbitrator to the extent of calculating
the compensation as per the provisions of the 2013 Act
without reference to the finding of the Hon'ble Apex Court,
is incorrect.
8. In the above view of the matter, following the said
reasoning, we are of the opinion that this appeal is also to
be allowed.
9. In the result:-
(i) The appeal is accordingly allowed .
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COMAP No. 468 of 2023
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(ii) The judgment and order dated 08.08.2022 in
the Arbitration Petition No.102/2021 as well as
the Arbitral Award No.C.DIS.ARB (2) NH. LAQ.
CR.207/2018-19 dated 24.08.2021 of the
Arbitrator and Deputy Commissioner, Mangaluru
shall stand set aside .
10. All other issues are left open.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(K.S.BHARATH KUMAR)
JUDGE
GH
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