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2021 Supreme(Ker) 871

P.B.SURESH KUMAR, C.S.SUDHA
V. G. Thankamani – Appellant
Versus
National Highway Authority Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI. S.EASWARAN, SRI.M.A.AUGUSTINE, SRI. P.MURALEEDHARAN IRIMPANAM, SRI.P.SREEKUMAR THOTTAKKATTUKARA
For the Respondent: SRI.THOMAS ANTONY, SRI.T.K. VIPINDAS, SR. GOVERNMENT PLEADER

JUDGMENT :

P.B.Suresh Kumar, J.

This appeal is directed against the order in O.P. (Arbitration) No.134 of 2012 dated 18.12.2015 on the files of the Additional District Judge, North Paravur. Petitioners 3 to 5 and 7 to 27 in the proceedings are the appellants.

2. The appellants held lands abutting National Highway-47. 347 square meters (0.0347 hectares) of land held by the appellants in Survey No.2426/110 of Aluva West Village was acquired by the second respondent, the competent authority under the National Highways Act, 1956 (the Highways Act) for widening National Highway-47. Though the appellants claimed a sum of Rs.8 lakhs per cent, land value was fixed by the second respondent for the purpose of granting compensation to the appellants only at Rs.5,88,100/-per Are. There were various structures in the acquired land and the value of the same was fixed for the purpose of granting compensation at Rs.5,83,761/-. Since the compensation determined by the second respondent for the acquired land and the structures therein was not acceptable to the appellants, they preferred an application under Section 3G(5) of the Highways Act for determination of the compensation by the Arbitrator appoin

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