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2024 Supreme(Ker) 429

GOPINATH P., SYAM KUMAR V. M.
Jameela W/o Shamsudheen – Appellant
Versus
National Highway Authority Of India-NHAI – Respondent


Advocates:
Advocate Appeared:
For the Appellant : STIYA SIVAN, K.R.RENJU, ASITHA M.M., ANILA ANTONY ANJITHA APREM, HARITHA HARINATH, ATHIRA SUDHEER V.
For the Respondent: SRI. K.P. SATHEESAN, SC FOR NHAI (SR.), SRI. P. MOHANDAS, SRI. BINOY CHANDRAN, SR. GOVT. PLEADER

 

The appellants are the petitioners in W.P (C) No.4947/2024. That writ petition was filed by the appellants/petitioners praying inter alia that an award of the Arbitrator under Section 3G of the National Highways Act, 1956 (In short 'the NH Act, 1956) should be set aside as certain crucial aspects which were statutorily required to be considered were not so considered by the Arbitrator.

2. It is the case of the learned counsel for the appellants that the acquisition of the portion of the building including the staircase and the lift room has resulted in a situation where the appellants will have to suffer substantial costs for relocating the said facilities which will also result in the usable area of the hotel coming down. It is her case that the damages so suffered by the appellants is also a matter that should have been taken into consideration by the Arbitrator while determining the compensation payable under the provisions of the NH Act, 1956. The appellants also have a case that they have not been paid any interest in terms of the provisions contained in the NH Act, 1956.

3. It is thus that the appellants were before this Court seeking to set aside the award of the Arbitrator a

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