Karnataka High Court
MFA/4684/2026 of NATIONAL HIGHWAYS AUTHORITY OF INDIA Vs MR M R MOHAMMED ASHRAF on 27 July 2026
CNR: KAHC010425692026 NC: 2026:KHC:38792-DB MFA No. 4684 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO.4684 OF 2026 (AA)
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JULY, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
MISCELLANEOUS FIRST APPEAL NO.4684 OF 2026 (AA)
BETWEEN:
NATIONAL HIGHWAYS AUTHORITY OF INDIA,
PROJECT IMPLEMENTATION UNIT,
DOOR NO.3-29, BETHEL, THARETHOTA,
NEAR PUMPWELL (NH-169),
MANGALURU - 575 005,
REPRESENTED BY ITS GM (TECH) & PROJECT
DIRECTOR SRI. ABDULLA JAVED AZMI.
…APPELLANT
(BY SRI. PRASAD K.R. RAO, ADVOCATE FOR
SRI. PADMANABHA HOLLA S., ADVOCATE)
AND:
1.
MR. M.R. MOHAMMED ASHRAF
S/O. LATE ABDUL RAHIMAN,
MAJOR,
RESIDING AT NO.5-128,
MUNDAKODI HOUSE,
SAJIPA MUNNURU POST AND VILLAGE,
PANEMANGALORE, BANTWAL - 574 231.
2.
THE ARBITRATOR AND DEPUTY COMMISSIONER,
DAKSHINA KANNADA DISTRICT,
MANGALURU - 575 001.
Digitally signed by
MAHALAKSHMI B M
Location: High Court
of Karnataka
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3.
THE COMPETENT AUTHORITY &
SPECIAL LAND ACQUISITION
OFFICER MANGALURU,
KARNATAKA STATE EMPLOYEE ASSOCIATION,
CLOCK TOWER, HAMPANAKATTA
MANGALURU,
D. K. DISTRICT - 575 001.
…RESPONDENTS
THIS MFA IS FILED UNDER SECTION 37(1)(c) OF THE
ARBITRATION AND CONCILIATION ACT, 1996, AGAINST THE
ORDER DATED 23.03.2026 PASSED IN A.P.NO.55/2025 ON THE FILE
OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, D.K.
MANGALURU, DISMISSING THE PETITION FILED UNDER SECTION
34(2) OF THE ARBITRATION AND CONCILIATION ACT, 1996 R/W
3G(5) OF THE NATIONAL HIGHWAYS ACT, 1956.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MRS. JUSTICE K.S. HEMALEKHA
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ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The National Highway Authority of India [hereinafter, 'NHAI'] has filed the present appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 [hereinafter, 'A&C Act'], impugning the order dated 23.03.2026 passed by the Court of IV Additional District Judge and Commercial Court, D.K., Mangaluru [hereinafter, the 'Commercial Court'] in A.P.Nos.55 and 60 of
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2025. The said petitions were cross-petitions filed under Section 34 of the A&C Act, challenging the arbitral award dated 21.01.2025 [hereafter, the 'impugned award'] passed by respondent No.2 [hereinafter, 'Arbitral Tribunal'], whereas, A.P.No.55/2025 was filed by the NHAI, A.P.No.60/2025 was filed by respondent No.1.
2. The NHAI has acquired land measuring 1558 square meters falling in Sy.No.14/10 of Adduru Village, Mangaluru Taluk, Dakshin Kannada District, which belonged to respondent No.1. Respondent No.3 [Special Land Acquisition Officer] determined the compensation for the said land at ` 1,630 per square meter [which amounted to a total compensation of ` 1,05,49,292/-]. Respondent No.1 challenged the said determination on various grounds, including that the land in question was commercially converted land on the date of the preliminary notification dated 09.01.2020 issued under Section 3A(1) of the National Highway Act, 1956.
3. The learned Arbitral Tribunal accepted the said contention and found that the land in question had been converted by an order dated 23.09.2019 passed by the Deputy Commissioner. The learned Arbitral Tribunal held that in view of the said conversion, the compensation was required to be determined on the basis of
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the value of the commercially converted land and passed the impugned award.
4. The NHAI challenged the impugned award principally on the ground that although the land in question was commercially converted land, it had not been used for commercial purposes. Therefore, the compensation could not have been determined on the said basis.
5. The learned Commercial Court found no grounds to interfere with the impugned award and accordingly dismissed the petition.
6. It is well settled that the Courts, while exercising jurisdiction under Sections 34 and 37 of the A&C Act, do not sit in appeal over an arbitral award. They cannot re-adjudicate the disputes or substitute their own view for that of the Arbitrator. The scope of interference under Sections 34 and 37 of the A&C Act is limited to examining whether the arbitral award is liable to be set aside on any of the grounds specified under Section 34 of the A&C Act. In the present case, the NHAI contends that the impugned award is vitiated by patent illegality and is therefore liable to be set aside under Section 34 (2-A) of the A&C Act. We find no merit in the said contention as the learned Arbitral Tribunal's view is a plausible
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view. We find no perversity in the view that once land in question has been converted for commercial purposes, its value must be determined on the said basis and not as agricultural land.
7. In view of the above, we find no infirmity with the decision of the learned Commercial Court in dismissing the challenge to the impugned award. The present appeal is unmerited and accordingly dismissed.
8. Pending application stands disposed of.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
AT List No.: 2 Sl No.: 25