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2023 Supreme(Mad) 3383

R. SUBRAMANIAN, N. SENTHILKUMAR
NHAI (National Highways Authority of India), By its Project Director – Appellant
Versus
District Collector Cum Arbitrator (LA-NH7), Dharmapuri – Respondent


Advocates Appeared:
For the Appellant : Mr. SU. Srinivasan.
For the Respondents: Mr. R. Siddharth, Govt. Adv., Ms. G. Ranjani for Mr. K. Thiruvengadam, Mr. K. Chandrasekaran.

JUDGMENT :

(R. Subramanian, J.)

(Prayer : Civil Miscellaneous Appeal filed under Section 37(1) & (2) of Arbitration & Conciliation Act, 1996, against the order and executable order made in Arbitration O.P.No.1 of 2013 on the file of the Principal District Judge, Dharmapuri dated 05.03.2016.)

This Civil Miscellaneous Appeal has been filed by the National Highway Authority of India (NHAI) challenging the order passed by the Principal District Judge, Dharmapuri in an application under Section 34 of the Arbitration and Conciliation Act, 1996.

The facts that led to this appeal are as follows:-

2. The land measuring an extent of 5455 sq.m in S.No.246/1B and 246/3 of Baisuhalli Village in Dharmapuri District was acquired for extension of National Highways No.7. Since the land owners were not satisfied with the award of the land acquisition officer, who granted a princely sum of Rs.22.13 per sq.m., they sought for arbitration and the matter was referred to the District Collector, Dharmapuri for arbitration. The District Collector, Dharmapuri passed an order dismissing the claim. Treating the said cryptic order of the District Collector as an award under the Arbitration and Conciliation Act,

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