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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, K.GOVINDARAJAN THILAKAVADI
Poomalai – Appellant
Versus
Arbitrator/District Collector, Villupuram – Respondent
| Table of Content |
|---|
| 1. land acquisition process and initial compensation under nh act. (Para 2) |
| 2. parties' contentions on valuation and evidence. (Para 4) |
| 3. limited scope of section 34/37 interference in arbitral awards. (Para 6 , 7 , 8 , 9 , 10) |
| 4. arbitrator's reasoned enhancement; no merit in higher claims. (Para 11 , 13) |
| 5. appeal dismissed; order upheld. (Para 14) |
JUDGMENT :
K. GOVINDARAJAN THILAKAVADI, J.
1. This appeal is filed by the claimant/land owner against the fair and decreetal order dated 21.12.2020 passed in Arbitration O.P.No.97 of 2017 on the file of the Principal District Judge, Villupuram.
2. The brief facts which are necessary for disposal of this appeal are as follows:
The land in Survey No.216/2B, measuring 5700 sq.mtr. (Main Award) and 385 sq.mtr. (Additional Award), totalling 6085 sq.mtr. or 65,499 sq.ft., situated in Chinnasalem Village, Chinnasalem Taluk, Villupuram District, belonging to the appellant/land owner, was acquired by the 2nd respondent for laying 4-way lane road under the National Highways Authorities Act for the Salem-Ulundurpet section of National Highway No.68. The acquisition notification under Section 3A(1) of the National Highways Act, 1956 was pu
Narrow scope of judicial interference under Sections 34/37 Arbitration Act in NH Act awards; no re-appreciation of evidence or modification of compensation.
Narrow scope of judicial interference under Sections 34/37 Arbitration Act in NHAI land awards; no re-appreciation of evidence or modification.
Narrow scope of judicial interference under S.34/37 Arbitration Act; courts cannot re-appreciate evidence or modify land compensation awards under NH Act.
Narrow scope under Sections 34/37 of Arbitration Act limits interference with NHAI arbitral awards to patent illegality, not re-appreciating evidence or enhancing compensation.
Narrow scope of judicial interference under Sections 34/37 Arbitration Act in NHAI land awards; cannot re-appraise evidence or enhance compensation without perversity.
Courts under Sections 34/37 cannot re-appreciate evidence in NHAI arbitration awards; interference limited to perversity or public policy.
Limited judicial interference under Sections 34/37 of Arbitration Act in NHAI land compensation awards; no re-appreciation of evidence or merits.
Narrow scope of judicial interference under Sections 34/37 of Arbitration Act in NHAI land awards; no re-appreciation of evidence.
Narrow scope of judicial interference under Sections 34/37 Arbitration Act in NHAI land compensation awards; no re-appreciation of evidence.
Narrow scope of judicial interference under Sections 34/37 Arbitration Act in NHAI land compensation; no re-appreciation of evidence.
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