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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
V.BHAVANI SUBBAROYAN, K.K.RAMAKRISHNAN
The Project Director, National Highways Authority – Appellant
Versus
S.K. Surendran – Respondent
JUDGMENT :
K.K. RAMAKRISHNAN, J.
The appeal in C.M.A.(MD).No.503 of 2022 has been filed by the National Highways Authority, challenging the Arbitration award passed in A.R.O.P.No.17/2015 dated 30.10.2019 filed by the land owner to set aside the arbitration award by the Collector/Arbitrator dated 17.03.2006.
2. The first respondent owned lands along Madurai-Trichy National Highways Road in the Survey No.33/1, situated at “Elanthaikulam Village”, Madurai District. The Ministry of Shipping, Road Transport and Highways (Department of Road, Transport and Highways) issued the notification dated 08.07.2004, for acquisition of an extent of 4450 sq.Mtrs or 109.957 cents of dry land belonging to the respondents’ under Section 3 (A) of the NATIONAL HIGHWAYS ACT , 1956 (herein after called as “NHAI Act”) for expanding and laying four way track (National Highways road from Madurai- Trichy (NH45B) under “the Golden Quadrilateral Scheme”. The National Highways Authority of India, (herein after called “NHAI”) is the implementing authority. The land owners submitted their objection to the acquisition and the same was not considered by the Project Director under the NHAI Act. The competent authority un
The court upheld the authority to modify arbitration awards in compensation cases if the original decision is perverse or against public policy, ensuring fair compensation is granted to landowners.
The court established that under statutory arbitration for land acquisition, the authority must ensure fair compensation based on proper assessment and documentation, highlighting a constitutional ob....
The court affirmed the necessity of a judicial approach in determining compensation for land acquisition, allowing for modification of arbitral awards under Section 34 of the Arbitration and Concilia....
The court clarified that under Section 34 of the Arbitration Act, the scope of review is limited to setting aside awards for patent illegality or public policy violations, not for modification.
Section 29A of Arbitration Act inapplicable to arbitrations under Section 3G(5) of National Highways Act as special code; Central Government exclusive appointment overrides court extension/substituti....
Limited judicial interference with arbitral land compensation awards under Sec.34/37; enhancement for commercial use upheld; separate easementary compensation allowed in partial acquisition affecting....
The nature and status of the land on the date of notification must be considered in determining compensation for land acquired under the NHAI Act, 1956, and settled legal principles must be applied i....
Point of Law : Acquisition of Land – Compensation -None of them is applicable in the facts of the present case since those judgments have been referred under Indian Stamp Act whereas present case is ....
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