Case Law Details
Shalini W/o Vijay Latthe Vs National Highway Authority of India (Karnataka High Court)
Facts- The petitioners are the decree holders and owners of the land bearing survey No.604 measuring 05 acres 05 guntas, under which an extent of 10,220 sqmtr was taken possession for construction of flyover by the NHAI. The competent Authority had passed an award as regards the lands acquired. However, being dissatisfied by the said award, the petitioners submitted a reference for arbitration on 31.10.2012, in terms of Section 3G(5) of the National Highway Act, 1956, seeking for enhancement of compensation.
The Arbitrator has thereafter passed an award, awarding compensation of Rs. 4,186/- per sq.mtr along with interest at 9% p.a. The respondent had made payment of part of the award and the balance of amount of the compensation not having been paid, the claimants/Decree Holders have filed Execution Petition No.302/2015 before the Principal District Judge, Dharwad, which was objected to by the respondent – NHAI.
In the said execution proceedings, an objection was raised that the award passed by the Arbitrator not having been stamped in terms of Article 11 of the Karnataka Stamps Act, 1957, the same could not be considered for initiating and prosecuting execution proceedings.
The Executing Court vide the impugned order dated 22.12.2020 was of the opinion that the award passed by the Arbitrator is required to be stamped. The petitioner not having stamped the said document, the decree-holder was called upon to pay the requisite stamp duty on the award within a period of one month from the date of the order.
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HOW TO CLAIM THIS STAMP DUTY CHARGES BY THE LAND LOSER