IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.42798-42814 OF 2017 (GM-RES) BETWEEN:
1. SRI H C JAGADISH AGED ABOUT 41 YEARS S/O LATE CHANNABASAVEGOWDA, R/A HEBBALU VILLAGE, HALEBEEDU HOBLI, BELUR TALUK, HASSAN DISTRICT. PIN – 573115.
2. SRI HULIGOWDA AGED ABOUT 56 YEARS S/O.LATE RUDREGOWDA, R/A HEBBALU VILLAGE, KASABA HOBLI, BELUR TALUK, HASSAN DISTRICT.
PIN - 573115 3. SRI H S CHANDRASHEKARAIAH AGED ABOUT 66 YEARS S/O.LATE SANNARUDRAIAH, R/A HEBBALU VILLAGE, HALEBEEDU HOBLI, BELUR TALUK, HASSAN DISTRICT.
PIN – 573115.
4. SMT KALAMMA AGED ABOUT 65 YEARS W/O LATE GANGEGOWDA, R/A BASAVADEVARA TEMPLE ROAD, HEBBALU VILLAGE, BELUR TALUK, HASSAN DISTRICT – 573115.
5. SMT LEELAVATHY AGED ABOUT 38 YEARS W/O KUMARASWAMY, R/A HEBBALU VILLAGE, HALEBEEDU HOBLI, BELUR TALUK, HASSAN DISTRICT – 573115.
6. SMT GANGAMMA, AGED ABOUT 65 YEARS W/O.H.G.KALLEGOWDA, R/A HEBBALU VILLAGE, HALEBEEDU HOBLI, BELUR TALUK, HASSAN DISTRICT - 573115.
7. SRI SHIVAIAH AGED ABOUT 50 YEARS S/O LATE THIMMAIAH, R/A M.HUNASEKERE VILLAGE, KASABA HOBLI, BELUR TALUK, HASSAN DISTRICT - 573115 8. SRI JAVARAIAH AGED ABOUT 45 YEARS S/O LATE THIMMAIAH, R/A M.HUNASEKERE VILLAGE, KASABA HOBLI, BELUR TALUK, HASSAN DISTRICT - 573115 9. SRI THIRUMALAIAH AGED ABOUT 55 YEARS S/O LATE THIMMAIAH, R/A M.HUNASEKERE VILLAGE, KASABA HOBLI, BELUR TALUK, HASSAN DISTRICT - 573115.
10. SRI H S MAHESH AGED ABOUT 48 YEARS S/O.LATE SIDDARAMANNA, R/A KALMATHA ROAD, HALEBEEDU, BELRU TALUK, HASSAN DISTRICT - 573115.
11. SRI SHANKAREGOWDA AGED ABOUT 65 YEARS S/O LATE BANDEGOWDA, R/A KARIYAMMA ROAD, HALEBEEDU VILLAGE, BELUR TALUK, HASSAN DISTRICT - 573115.
12. SRI H D ESHWARAPPA AGED ABOUT 57 YEARS S/O LATE DEGUNDAIAH, R/A KALLUMATADA ROAD, HALEBEEDU VILLAGE, HALEBEEDU HOBLI, BELUR TALUK, HASSAN DISTRICT - 573115 13. SRI MANJAPPA AGED ABOUT 49 YEARS S/O LATE NANJAIAH, R/A KALLUMATHA ROAD, HALEBEEDU, BELUR TALUK, HASSAN DISTRICT - 573115.
14. SRI H N BASAVARAJU AGED ABOUT 45 YEARS S/O LATE NANJAIAH, RESIDING AT KALLUMATHA ROAD, HALEBEEDU, BELUR TALUK, HASSAN DISTRICT - 573115 15. SRI RUDREGOWDA AGED ABOUT 76 YEARS S/O LATE NANJAIAH, R/A HOYSALA LAYOUT, HALEBEEDU, BELUR TALUK, HASSAN DISTRICT – 573115 16. SMT H M AMBIKA AGED ABOUT 48 YEARS W/O NAGARAJU, R/A HOYSALA LAYOUT, HALEBEEDU, BELUR TALUK, HASSAN DISTRICT - 573115.
17. SMT POORNIMA AGED ABOUT 48 YEARS W/O.M.H.JAYANNA, R/A MAYAGODANAHALLI, HALEBEEDU HOBLI, BELUR TALUK, HASSAN DISTRICT – 573115.
… PETITIONERS (BY SRI. SHANKARANARAYANA BHAT N., ADV.) AND:
1. UNION OF INDIA REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF TRANSPORT AND HIGHWAYS, NEW DELHI – 110001.
2. THE CHIEF ENGINEER NATIONAL HIGHWAYS, PWD BUILDING, K.R.CIRCLE, BENGALURU – 560001.
3. THE SPECIAL LAND ACQUISITION OFFICER & COMPETENT AUTHORITY, NATIONAL HIGHWAYS, K.R.CIRCLE, BENGALURU - 560001.
… RESPONDENTS (BY SRI. C. SHASHIKANTH, CGC FOR R1; R2 & R3 SD) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RELEVANT RECORDS AND DIRECT TO THE RESPONDENTS AS THE CASE MAY BE DIRECTING THEM TO APPOINT AN ARBITRATOR AS STIPULATED UNDER THE PROVISIONS OF NATIONAL HIGHWAYS ACT WITHIN A PARTICULAR TIME FRAME AND FURTHER BE PLEASED TO ISSUE FURTHER DIRECTIONS TO THE AUTHORITIES WHO WOULD BE APPOINTED AS ARBITRATOR TO DISPOSE OFF THE ARBITRATION PROCEEDINGS AT AN EARLIEST POINT OF TIME AND FURTHER BE PLEASED TO GRANT THE PETITIONERS AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Shankaranarayana Bhat.N, learned counsel for the petitioner.
Sri.C.Shashikanth, learned Central Government Counsel for respondent No.1.
2. In these petitions, the petitioners inter alia seeks for a direction to the respondents to appoint an Arbitrator as stipulated under the provisions of National Highways Act within a particular time frame and further be pleaded to issue further directions to the authorities who would be appointed as Arbitrator to dispose off the arbitration proceedings at an earliest point of time.
3. When the matter was taken up today, learned counsel for the petitioners submitted that the writ petitions may be disposed of with liberty to the petitioners to make an application with regard to their grievance to the competent authority and the competent authority be directed to decide the same in accordance with law.
4. In view of the submission made and in the facts of the case, the writ petitions are disposed of with a direction that in case petitioners submit an application to the competent authority within a period of two weeks from the date of receipt of the certified copy of the order passed today, the competent authority shall decide the same in accordance with law by a speaking order within a period of four months from the date of receipt such an application.
5. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petitions are disposed of.
Sd/- JUDGE dn/-