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2015 Supreme(Ker) 198

ASHOK BHUSHAN, A.M.SHAFFIQUE
K. Leela – Appellant
Versus
District Collector & Arbitrator, Thrissur – Respondent


Advocates Appeared:
For the Appellant:George Sebastian, Advocate.
For the Respondents: C.R. Syam Kumar, Sr. Govt. Pleader.

Judgment :-

Shaffique, J.

1. Petitioner in the writ petition is the appellant who challenges the judgment dated 15/10/2014 in W.P.C.No.26788/2014.

2. The writ petition is filed to quash Ext.P3 and for a direction to the 1st respondent to entertain Ext.P2 application submitted by the petitioner and proceed with Arbitration under Section 3G(5) of the National Highways Act, 1956 (hereinafter referred to as 'the NH Act') and to pass an award as contemplated under the provisions of the Act.

3. The short facts involved in the writ petition would disclose that the property having an extent of 6.10 Ares in Survey No.8/18 and 0.35 Ares in Survey No.8/19A of Panancheri village was acquired by the National Highway authorities invoking the provisions under the NH Act. The notification under Section 3D of the Act was issued on 21/10/2005, declaration was published on 20/10/2006 and the competent authority determined the compensation at Rs.15,44,984/-, which was paid to the petitioner on 16/04/2010. Possession was also taken on the same day. Ext.P1 is the award with reference to the proceedings initiated as L.A.C.No.1128/2009.

4. Petitioner submitted an application dated 10/05/2013 under Section 3G(




















































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