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H. P. SANDESH
National Highways Authority Of India – Appellant
Versus
Abdul Gafoor Kotekar S/o Haji Sheik Hussain Saheb – Respondent
JUDGMENT :
H.P. Sandesh, J.
This miscellaneous first appeal is filed challenging the order dated 06.01.2024 passed in A.P.No.89/2022 by the I Additional District and Sessions Judge, Mangaluru and consequently set aside the arbitral award passed in No.C.DIS.ARB(2). NH.LAQ.CR – 127/2017-18 DATED 19.04.2022 passed by respondent No.2 for enhancing the compensation at the rate of Rs.1,28,800/- per cent.
2. Heard the learned counsel appearing for the respective parties.
3. The factual matrix of the case is that a notification came to be issued for acquiring the land for the purpose of widening of National Highway No.66 at Kotekar village under Section 3A(1) of the National Highways Act (for short ‘NH Act’) on 08.02.2010 and the Special Land Acquisition Officer passed the award determining the compensation in respect of the land bearing Sy.No.24/5B measuring 546.34 square meters residential converted land situated in Kotekar village, Mangaluru taluk for which compensation was determined at Rs.1,00,000/-per cent considering the same as dry land. The respondent herein filed a petition under Section 3G(5) of the NH Act to the Deputy Commissioner, D.K., Mangaluru being aggrieved by the determinat
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....
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 upheld the discretion under Section 34(4) of the Arbitration and Conciliation Act to remit matters to the Arbitrator for addressing gaps in the award, particularly regarding solatium.
The court ruled that completed acquisitions cannot be reopened or compensated under the Land Acquisition Act, 2013, as finality under the National Highways Act, 1956 was achieved.
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 ruled that provisions allowing denial of solatium and interest in land acquisition under the National Highways Act violate Article 14 of the Constitution, establishing the necessity of fair....
Acquisition of Land - Arbitrator granted enhancement of compensation - Arbitrator while rendering Award correctly took into consideration entire material on record, while determining rate at which co....
The compensation for land acquisition under the National Highways Act must include solatium and interest as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and....
The court ruled that denial of solatium and interest in land acquisitions under the National Highways Act violates constitutional rights, emphasizing the necessity of fair compensation in compulsory ....
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