District court upholds DC’s order enhancing compensation for acquiring land to widen NH 169

Turning down an appeal of the National Highways Authority of India (NHAI), a district court in Mangaluru has upheld the arbitration award of the Dakshina Kannada Deputy Commissioner, for enhancing compensation for acquiring 359 square metres of land in Kudupu village in Mangaluru taluk for widening NH 169 between Bikarnakatte and Sanur.

Turning down an appeal of the National Highways Authority of India (NHAI), a district court in Mangaluru has upheld the arbitration award of the Dakshina Kannada Deputy Commissioner, for enhancing compensation for acquiring 359 square metres of land in Kudupu village in Mangaluru taluk for widening NH 169 between Bikarnakatte and Sanur.

Fourth Additional District and Sessions Judge, Mangaluru, S.G. Sunitha recently confirmed the arbitration award passed by the Deputy Commissioner on May 24, 2023, relating to the land owned by Ronald Nelson D’Silva from Kudupu village.

Dismissing the petition of NHAI, the judge said: “The arbitrator (Deputy Commissioner) while passing an order has made specific observation for arriving at a conclusion. The petitioner (NHAI) has not placed any cogent material to prove that the award passed by respondent No. 3 (Deputy Commissioner) is illegal on the face of it.”

Quoting a Supreme Court judgment, the judge observed that NHAI failed to make out a ground to set aside the award passed by the arbitrator.

The 359-square metre land of Mr. D’Silva in Kudupu was among those acquired for widening NH 169 from Bikarnakatte in Mangaluru to Sanoor near Karkala. The final notification for acquiring land was published in the gazette in July, 2010. The special land acquisition officer (SLAO) passed an award on January 27, 2021, under the NH Act 1956, granting compensation at the rate of ₹1,310 per square metre. Aggrieved by the award, Mr. D’Silva filed an application asking the Deputy Commissioner, the arbitrator, to determine reasonable compensation.

Allowing the petition, the Deputy Commissioner, in his order dated May 24, 2023, noted that the acquired land was near Mangaluru city and was non agricultural in nature. The land was situated by the side of the existing national highway and had potential for future development.

The compensation fixed by the SLAO, by taking into consideration the agricultural guidance value rate, was far less, and there was every scope of protest by the land losers.