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2023 Supreme(Ker) 938

MURALI PURUSHOTHAMAN
Ammankovil Narayanan, S/o. Umminiyan – Appellant
Versus
District Collector, Kannur – Respondent


Advocates Appeared:
For the Petitioner: V.N. Ramesan Nambisan.
For the Respondents: SR.GP Adv. Bimal K. Nath, B.G. Bidan Chandran, SC.

JUDGMENT :

A parcel of land measuring 0.0026 hectares, comprised in resurvey No.84/1A (Old Survey No.84/6) of Kunhimangalam Village, Kannur District, owned by the petitioners, a husband and wife, was acquired by the 2nd respondent, the Competent Authority, for the purpose of widening of National Highway-66. The Competent Authority determined the compensation due to the petitioners under Section 3G(1) of the National Highways Act, 1956 (hereinafter referred to as the 'NH Act' for short) and passed an award on 28.06.2018. Aggrieved by the amount determined by the Competent Authority, the petitioners preferred Ext. P1 application under Section 3G(5) of the NH Act. The said application was dismissed by the 1st respondent, the Arbitrator, by Ext. P2 order dated 17.06.2023 stating that the petitioners have failed to produce the copy of the award, which is mandatory as stipulated in the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Arbitration Act' for short). Aggrieved by Ext. P2, the petitioners have preferred this writ petition.

2. It is stated that Ext. P1 application was filed on 01.03.2019 and was posted before the Arbitrator for the first time on 17.12.2022

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