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2019 Supreme(Ker) 238

V.CHITAMBARESH, R.NARAYANA PISHARADI
Ramadas – Appellant
Versus
National Highway Authority of India – Respondent


Advocates Appeared:
For the Appellant : K. Sajan Vargheese & M.P. Liju
For the Respondent: Sr. Government Pleader (A.K. Sukumaran), Thomas Antony & M.P. Prakash

JUDGMENT :

R. Narayana Pisharadi, J.

Land owned by the appellants was acquired under the National Highways Act, 1956 (hereinafter referred to as ‘the Highways Act’) for the purpose of widening of National Highway 47, from Walayar to Vadakkancherry. The competent authority fixed the amount of compensation for land payable to the appellants. The appellants re-coursed to arbitration proceedings as provided under the Highways Act. The arbitrator enhanced the amount of compensation payable to the appellants. The appellants challenged the award passed by the arbitrator by filing applications before the District Court under S.34(1) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Arbitration Act’). As per the impugned orders, the District Court dismissed the aforesaid applications. The owners of the land have come up in appeal.

2. We have heard learned counsel for the appellants and the learned Government Pleader and also the learned counsel for the first respondent. We have also perused the records.

3. Arbitration Appeal No.28 of 2016 relates to acquisition of wet land having an area of 0.0170 hectares. The Land Acquisition Officer granted compensation fixing th




















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