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Jameela – Appellant
Versus
National Highway Authority of India – Respondent
JUDGMENT :
Viju Abraham, J.
1. Petitioners have approached this Court challenging Ext.P7 order passed by the Arbitrator.
2. The petitioners are in absolute ownership and possession of 5.66 ares of land and building thereon comprised in old Sy. No.23/1/A and 23/1/A5 of Resurvey No.193/17, 193/17-65 of Edappally North Village. A portion of the property and the building of the petitioners were acquired for the purpose of widening the National Highway-66, and Ext.P2 award was passed by the 3rd respondent awarding a compensation of Rs.96,76,070/-. The petitioners contend that the portion to be demolished as part of widening of the National Highway is a reception area, lift space and stair case cabin and it has now become necessary to demolish about six rooms on the 3rd floor and a considerable area of basement parking and the entire area allotted to parking the vehicle of guests would be ceased. The grievance raised by the petitioners is that, by issuing Ext.P2, the 3rd respondent never calculated and considered the damage to the remaining building and the loss of earnings that would have been caused to the petitoners. Thereupon petitioners approached this Court filing WP (C) No. 30659/202
The court affirmed that petitioners could challenge the arbitrator's award under Section 34 of the Arbitration and Conciliation Act, ensuring proper valuation in compensation for land acquisition.
Merely because words “by reason of severing of such land from other land” is used in Section 3G(7)(b), one cannot render an interpretation that consequences caused to building on account of such cann....
Petitioner having received the compensation is not entitled to turn around and contend that the petitioner is entitled to repossess the portion of the building which was not sought to be acquired as ....
Arbitral awards are enforceable unless stayed; delay in payment due to inaction of authorities is unjust and requires prompt compliance.
Post-notification sale deeds admissible for compensation if proximate, genuine, uninflated; severance awards upheld on uncontroverted evidence; minimal judicial interference in arbitral awards absent....
The court ruled that an arbitrator's award may be set aside for procedural deficiencies, but this does not imply automatic remand for further arbitration.
Compensation for land acquisition excludes Electrical Installation and Public Health costs as they are not recognized under relevant statutes.
Arbitration - Appealable orders - extraordinary jurisdiction - High Courts have proceeded on basis that any order passed by an arbitral tribunal during arbitration, would be capable of being challeng....
Important points:After making an elaborate survey of the rule position that the provisions of the Land Acquisition Act 1894, relating to solatium and interest contained in Section 23(1A) and (2) and ....
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