Back
RAVI NATH TILHARI, MAHESWARA RAO KUNCHEAM
Bollineni Srihari Rao – Appellant
Versus
Competent Authority and Special Collector (L. A. ), National Highway-5, Ongole – Respondent
| Table of Content |
|---|
| 1. overview of acquisition process and disputes (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. court's decision on land ownership and compensation (Para 12 , 13) |
| 3. preliminary objection on maintainability of appeal (Para 14 , 15 , 16) |
| 4. arguments on the nature of the appeal under cpc (Para 17 , 18 , 20 , 21) |
| 5. judicial analysis of appeals and decrees (Para 23 , 24 , 50) |
| 6. court holds adjudication on reference under section 3-h(4) is a decree, thus appealable. (Para 82) |
| 7. determination of appeals as statutory rights (Para 84) |
| 8. final conclusion on the appeal's maintainability (Para 85 , 86) |
JUDGMENT :
RAVI NATH TILHARI, J.
1. This appeal has been filed under Section 96 of the Code of Civil Procedure (in short ‘CPC’) by the appellant/1st respondent in LAOP No.01 of 2014 (in short ‘LAOP’) on the file of the Principal District Judge, Prakasam at Ongole (in short ‘learned Court’) against the judgment and decree dated 12.08.2024, passed on a reference under Section 3-H(4) of the NATIONAL HIGHWAYS ACT , 1956 (in short ‘the Act’).
I. Facts :
2. Briefly stated the facts for the purposes of the present issue, are that the Project Director, National Highway Authority of India
The adjudication of disputes under Section 3-H(4) of the National Highways Act is deemed a decree, allowing appeals under Section 96 of the CPC, despite the Act not explicitly providing for such appe....
The court upheld the applicability of the RFCTLARR Act, 2013 to compensation determinations under the National Highways Act, affirming the Arbitrator's decision to enhance compensation based on resid....
Court held that an arbitrator cannot remand matters back to competent authority after initial determination, affirming the arbitrary powers under Section 3G(5) of NHAI Act and the doctrine of acquies....
Schedule-II deals with elements like provision of housing units in case of displacement, land for land, offer for developed land, choice of Annuity of employment, Subsistence grant for displaced fami....
The court affirmed the discretion under Section 34(4) of the Arbitration and Conciliation Act to remit matters to the Arbitrator for reconsideration of solatium, following the Supreme Court's ruling ....
The court established that compliance with procedural requirements of the National Highways Act is essential for valid land acquisition, particularly regarding timely compensation to affected parties....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
