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2017 Supreme(Ker) 960

P.B.SURESH KUMAR
Rajamma – Appellant
Versus
Project Director – Respondent


Advocates Appeared:
For the Petitioner:V.A. Vinod, Advocate, Rahul Varghese, Amicus Curiae.
For the Respondents:Thomas Antony, Advocate, Santhosh Peter, Government Pleader, Rahul Varghese, Amicus Curiae.

JUDGMENT :

1. 0.303 hectares of property belonged to the petitioner has been acquired for widening the National Highway 47 in accordance with the provisions contained in the National Highways Act, 1956 (the Highways Act). As the compensation granted to the petitioner by the competent authority under the Highways Act for the land acquired was not acceptable to the petitioner, she preferred an application before the third respondent for determination of the compensation by recourse to the arbitration proceedings provided for under sub-section (5) of Section 3G of the Highways Act. Pursuant to the said application, an award has been passed by the third respondent determining the compensation payable to the petitioner. Though the amount of compensation determined as payable to the petitioner by the competent authority under the Highways Act was enhanced by 30% in terms of the award passed by the third respondent, the said compensation was also not acceptable to the petitioner. The petitioner, therefore, challenged the award passed by the third respondent invoking Section 34 of the Arbitration and Conciliation Act, 1996 (the Act) before the court exercising the power under that section.












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