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RAVI CHEEMALAPATI
Gadde Deepthi – Appellant
Versus
Union of India – Respondent
ORDER :
1. The case of the petitioners, in brief, is that they are owners of the respective house plots situated in G.Konduru village & Mandal, Krishna District, having purchased them through registered sale deeds and the said land is a nonagricultural land and the petitioners purchased house sites covered under lay out of the local Gram panchayat. It is further case of the petitioners that, the 1st respondent issued notification under Section 3-A of the National Highways Act, 1956 for acquisition of lands in G.Konduru village for widening/extension of existing road of National Highway No. 221 in the section of Vijayawada-Bhadrachalam. The 7th respondent in his report dated 14.03.2017 has recommended for enhancement of compensation at Rs.4,500/- per sq.yard, which is the average of Government market value and private market value of the petitioners’ plots. The petitioners have also specifically submitted in the statement recorded under Section 3G of the National Highways Act, 1956 that, the land was already converted for non-agricultural purpose and sought compensation at the rate of Rs.15,000/- per square yard. However, an award was passed treating the entire land as agricultural l
The court emphasized the availability of alternative statutory remedies for seeking enhancement of compensation and the limitations of the writ jurisdiction when an efficacious alternative remedy is ....
Narrow scope of judicial interference under Sections 34/37 Arbitration Act in NH Act awards; no re-appreciation of evidence or modification of compensation.
Narrow scope of judicial interference under S.34/37 Arbitration Act; courts cannot re-appreciate evidence or modify land compensation awards under NH Act.
Narrow scope under Sections 34/37 of Arbitration Act limits interference with NHAI arbitral awards to patent illegality, not re-appreciating evidence or enhancing compensation.
Narrow scope of judicial interference under Sections 34/37 Arbitration Act in NHAI land awards; no re-appreciation of evidence or modification.
Narrow scope of judicial interference under Sections 34/37 Arbitration Act in NHAI land awards; cannot re-appraise evidence or enhance compensation without perversity.
The court ruled that claims of discrimination in land acquisition compensation must be supported by substantial evidence, and that statutory remedies must be exhausted before seeking judicial relief.
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