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1990 Supreme(Mad) 658

A.R.LAKSHMANAN
S. Byravan, Petitioner — Arbitrator – Appellant
Versus
R. Thirumalaisamy Reddiar – Respondent


Advocates Appeared:
For the Appearing Parties:Mr. K. Alagirisamy, Advocate General, Additional Government Pleader (C.S.), Mr. M.S. Umapathy, Advocates.

Judgment :-

1. O.P. No. 287 of 1986 was filed by the Sole Arbitrator Mr. S. Byravan, Retired District and Sessions Judge and now practising as an advocate, praying that the Award made by him be filed under Section 14(2) of the Arbitration Act, 1940 and further action taken thereon in accordance with the said Act.

2. Application No. 4623 of 1986 was filed by the claimants/owner of the lands praying to pronounce the judgment according to the Award and pass a decree in terms of such award.

3. O.P. No. 128 of 1987 was filed by the State of Tamil Nadu represented by the Collector of Anna District under Section 30 of the Arbitration Act to set aside the Award passed by the Sole Arbitrator.

4. The facts in brief relating to the above matters are as follows :— In G.O.Ms. No. 1250, Public Works Department dated 10-8-1973 the Government approved the estimate for formation of tank across the river “Mangarai” under the Small Minor Irrigation Programme. Land acquisition proceedings were initiated for acquisition of 29.65 acres in Goodalvavi Village and 2.07 acres in Thathapatti village for the said purpose. Pending acquisition the Executive Engineer entered upon the lands in Survey Nos. 284/1, 28

































































































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