Karnataka High Court
COMAP/216/2024 of NATIONAL HIGHWAYS AUTHORITY OF INDIA Vs SRI V S MOHAMMED FAROOK on 24 September 2026
CNR: KAHC010325522024 NC: 2026:KHC:53377-DB COMAP No. 216 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA COMMERCIAL APPEAL NO.216 OF 2024 BETWEEN:
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA
COMMERCIAL APPEAL NO.216 OF 2024
BETWEEN:
NATIONAL HIGHWAYS AUTHORITY OF INDIA
PROJECT IMPLEMENTATION UNIT MANGALORE
DOOR NO.3-29, "BETHEL"
THARETHOTA
NEAR PUMPWEL (NH-66)
MANGALORE 575005
REPRESENTED BY ITS THE PROJECT DIRECTOR
ABDULLA JAVED AZMI
…APPELLANT
(BY SRI. PRAKASHA ANGADI B. V., ADVOCATE)
AND:
1.
SRI V. S. MOHAMMED FAROOK
C/O IDDINABBA
R/AT 1-23 (B), PERNE HOUSE,
PERNE VILLAGE, BANTWAL TALUK
2.
THE ARBITRATOR AND DEPUTY COMMISSIONER
D K DISTRICT,
Digitally
signed by
PAVITHRA N
Location:
High Court
of Karnataka
HC-KAR
MANGALORE 575001
3.
THE SPECIAL LAND ACQUISITION OFFICER AND
COMPETENT AUTHORITY NHAI
NH-75 (48)
HASSAN B C ROAD DIVISION
OPPOSITE HDCC BANK
HASSAN
…RESPONDENTS
THE COMAP IS FILED UNDER SECTION 13 (1) (a) OF THE
COMMERCIAL COURT ACT, PRAYING TO SET ASIDE THE
JUDGMENT DATED 03.04.2024 IN THE SUIT A.P NO.230/2023
PASSED BY THE IV ADDL. DISTRICT JUDGE AND COMMERCIAL
COURT, D.K. DISTRICT, MANGALORE, CONSEQUENTLY SET
ASIDE
THE
ARBITRAL
AWARD/ORDER
IN
NO.C.DIS.ARB
(3). NH.LAQ.CR-111/2022-23 DT:03.04.2023 PASSED BY THE
2ND RESPONDENT. INSOFAR AS THE ENHANCEMENT MADE BY
THE 2ND RESPONDENT AT THE RATE OF RS.12,544/- PER CENT
AND ALLOW THE APPEAL WITH COST AND GRANT SUCH OF
THE RELIEF AS THIS COURT DEEMS FIT TO GRANT IN THE
CIRCUMSTANCES OF THIS CASE.
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 T.P.VIVEKANANDA
HC-KAR
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ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
Heard the learned counsel appearing for the appellant- National Highways Authority of India.
2. A memo has been placed on record wherein, it is stated that the parties have reached an amicable settlement and have entered into an agreement dated 11.08.2026 which is produced before the Court. It is stated that the matter has been amicably settled for a compensation amount of Rs.2,70,476/- and that the amount is being paid to the claimant as provided in the agreement dated 11.08.2026.
3. Learned counsel for the appellant would therefore submit that the amount already in deposit pursuant to interim order of this Court may be released to the claimant/land loser.
4. The memo is accepted.
5. In view of the fact that the appellant has settled the matter with the claimant for a compensation amount of Rs.2,70,476/- and has undertaken to make the payment directly to the land loser within a period of one week, the
HC-KAR
appeal is disposed of in terms of the memo and the agreement.
6. The Registry shall draw up the decree accordingly. Further, it is directed to refund the amount in deposit in this appeal with interest thereon to the appellant on proper identification.
Sd/- (ANU SIVARAMAN) JUDGE
Sd/- (T.P.VIVEKANANDA) JUDGE
RAK List No.: 1 Sl No.: 34