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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, K.GOVINDARAJAN THILAKAVADI
Sivakumar – Appellant
Versus
Arbitrator/District Collector, Villupuram – Respondent
| Table of Content |
|---|
| 1. land acquisition process under nh act and arbitration proceedings. (Para 2 , 7 , 8) |
| 2. appellant claims house site value; respondents defend enhancement. (Para 4) |
| 3. limited judicial review; no re-appreciation of evidence or modification. (Para 6 , 9 , 10 , 11 , 13) |
| 4. 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.101 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 lands in Survey Nos.8/1B3B and 9/2B, situated in Ammaiyagaram Village, Chinnasalem Taluk, Villupuram District, belonging to the appellant/land owner, were 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 published in Government of India Gazette No.890 dated 26.06.2008 and 3A(3) notice was also published in Tamil and English dailies on 16.08.
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 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 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.
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 of Arbitration Act in NHAI land awards; no re-appreciation of evidence.
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 Arbitration Act in NHAI land compensation; no re-appreciation of evidence.
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