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2021 Supreme(Ker) 5

C.T RAVIKUMAR, M.R ANITHA
Eliyamma W/o Avarachan – Appellant
Versus
Deputy Collector and Special Acquisition Officer, Palakkad – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. Jacob Sebastian.
For the Respondents: Sri. Renil Anto Kandamkulathy, Sri. Thomas Antony.

JUDGMENT :

K. HARIPAL, J.

1. These are appeals preferred under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996, challenging the correctness of the orders of the learned District Judge, Palakkad in Arbitration O.P. No. 51/2012 dated 23.12.2015 and O.P. No. 305/2012 dated 17.12.2015, respectively. As the properties of both the appellants were acquired by the National Highway Authority for the purpose of widening the Valayar-Vadakkanchery sector of NH-47 under a common notification, and since common grounds were urged, both these appeals were heard together and are being disposed of by this common judgment.

2. 0.0245 hectare of land in Survey No. 211/4 in Block No. 36 of Kannambra-I village in Alathur taluk belonged to the appellant in Arbitration Appeal No. 20/2016 was acquired by the respondents for the above purpose and compensation was awarded by the Special Land Acquisition Officer. The amount was received by her under protest and on the basis of the requisition made by her, Arbitration Application No. 98/2010 in LAC No. 109/2009 was preferred under the National Highways Act, 1956, which was considered by the sole Arbitrator, the District Collector, Palakkad and by or

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