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2024 Supreme(Mad) 2156

S. S. SUNDAR, P. B. BALAJI
A. Ismail Sait – Appellant
Versus
Competent Authority Land Acquisition and Special District Revenue Officer National Highways [NH-45] Villupuram District – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.N.Suresh
For the Respondent: Mr.R.Siddharth, GA, Mr.Su.Srinivasan, Mr.P.H.Arvindh Pandiyan Senior Counsel as Amicus Curiae

JUDGMENT :

S.S. Sundar, J.

The above Civil Miscellaneous Appeal is preferred by a land owner aggrieved by the order of the Principal District Court, Villupuram, in Arbitral OP.No.37/2009 filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “1996 Act”) as against the Award of the District Collector as an Arbitrator under Section 3-G[5] of the National Highways Act, 1956 (hereinafter referred to as “NH Act”).

2. The following facts are not in dispute :

2.1.An extent of 12.64.5 Hectares of wet lands and an extent of 0.18.0 Hectares of dry lands in Vazhuthareddy Village were acquired for the formation of By Pass Road to bypass Villupuram Town in NH-45. The entire extent of lands in Vazhuthareddy Village comprised in different survey numbers were acquired under the NH Act and the Notification under section 3-A[1] of the Act was published in the Gazette on 30.10.2003. Thereafter, a Notification under Section 3-D[1] of the Act was published on 21.04.2004. A notice was published in local newspapers inviting claims from persons interested in the lands acquired to appear in person or by an agent before the Competent Authority, namely, the District Reve

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