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2023 Supreme(Ker) 613

AMIT RAWAL, C. S. SUDHA
Shiji D/o Vanajakumary – Appellant
Versus
Project Director N. H. Authority of India – Respondent


Advocates:
Advocate Appeared:
For the Appellants : K. Siju, S. Abhilash, Anjana Kannath, T.S. Sreekutty.
For the Respondents: Mathews K. Philip, T.K. Vipin Das, Jimmy George.

JUDGMENT :

AMIT RAWAL, J.

1. Present appeal is directed against the judgment dated 25.2.2021 rendered in O.P. (Arb) No. 526/2018 of Additional District Court-III, Thiruvananthapuram, whereby the Award bearing No. 55 of 2015 in LAC No. 535 of 2013 of the Arbitrator dated 30.1.2018 enhancing the compensation awarded by the competent authority, has been set aside.

2. The facts in brief for adjudication of the controversy involved in the present case, are as under:

    Land to the extent of 11.90 Ares, comprised in Re-Survey No. 95/22 of Kanjiramkulam Village, along with other parcels of land, totaling 70.05.07 Hectares in various survey numbers of Kottukkal, Thirupuram, Kanjiramkulam, Chenkal and Karode village of Neyyattinkara Taluk was acquired for the purpose of forming a bye-pass to avoid the Kazhakkuttam-Karode stretch of the NH 47 in Thiruvananthapuram city.

3. Declaration under Sub Section 1 of Section 3D of the National Highways Act was approved and published in the official Gazette of Government of India on 7.3.2013. Special Deputy Collector, Land Acquisition, National Highway, Th

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