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2023 Supreme(Ker) 810

MURALI PURUSHOTHAMAN
Punarnava Ayurveda Hospital Pvt Ltd – Appellant
Versus
Arbitrator For NH 66 & District Collector – Respondent


Advocates Appeared:
For the Petitioner: M.K. Sumod, Vidya M.K., Raj Carolin V., Thushara K.
For the Respondents: P. Mohandas(Ernakulam) P., K. Sudhinkumar, Sabu Pullan, Gokul D. Sudhakaran, R. Bhaskara Krishnan, Bharath Mohan, K.P. Satheesan (SR.), E.C. Kuriakose, B.G. Bidan Chandran, Lejo Joseph George.

JUDGMENT :

The property of the petitioner was acquired for the purpose of widening National Highway No.66. The Special Deputy Collector (LA), the 2nd respondent, the competent authority under the National Highways Act, 1956 (hereinafter referred to as the 'N.H. Act') determined the compensation payable to the petitioner and passed Ext. P1 award. Dissatisfied with the amount determined by the competent authority, the petitioner filed Ext.P2 arbitration application dated 24.08.2022 under Section 3G (5) of the N.H. Act before the 1st respondent Arbitrator. Aggrieved by the delay in disposal of Ext. P2 arbitration application, the petitioner approached this Court by filing W. P. (C) No. 9997 of 2023 and this Court, by judgment dated 12.04.2023, disposed of the writ petition directing the Arbitrator to dispose of Ext. P2 arbitration application within two months from the date of receipt of the copy of the judgment after hearing the parties.

2. Pending Ext. P2 arbitration application, the petitioner filed Ext.P4 application dated 04.07.2023 for appointment of an Advocate Commissioner with a Surveyor and Technical person to conduct inspection of the properties and to file a report with sket

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