IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, K.GOVINDARAJAN THILAKAVADI
Anbalagan – Appellant
Versus
Arbitrator/District Collector, Villupuram – Respondent
| Table of Content |
|---|
| 1. land acquisition process under nh act and compensation awards (Para 2 , 7 , 10) |
| 2. parties' contentions on land valuation and solatium (Para 4) |
| 3. limited judicial review scope under arbitration act (Para 6 , 9 , 11) |
| 4. upholding arbitral award, dismissing appeal (Para 13 , 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.90 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.215/1B2, 215/1D, 215/4B, 215/5B1 and 215/1C, measuring 5867 sq.mtr. (273+550+4744+250+50) and in Survey Nos.215/1B2, 215/1D and 215/5B1, measuring 189 sq.mtr. (77+100+12), totalling an extent of 6056 sq.mtr. or 65186 sq.ft., situated in Chinnasalem 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 2nd respondent had considered the land as Manai la
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 Sections 34/37 Arbitration Act in NH Act awards; no re-appreciation of evidence or modification of compensation.
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 NHAI land awards; cannot re-appraise evidence or enhance compensation without perversity.
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.
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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