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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, K.GOVINDARAJAN THILAKAVADI
S. Rajendran – Appellant
Versus
Arbitrator/District Collector, Villupuram – Respondent
| Table of Content |
|---|
| 1. land acquisition under nha for highway, compensation process outlined. (Para 2 , 7 , 8 , 10) |
| 2. parties contend on land valuation and document consideration. (Para 4 , 11 , 11) |
| 3. limited judicial review under arbitration act sections 34/37. (Para 6 , 9) |
| 4. appeal lacks merit; award properly confirmed. (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 OP.No.87 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.19/1C2, 19/1D2, 19/1F1, 19/2A, 19/2B1, 19/1B2, 19/1F1 and 19/2B1, measuring to a total extent of 3631 sq. mtr. in Chinna Salem Village, Chinna Salem Taluk, Villupuram District, belong to the appellant/land owner were acquired by the 2nd respondent for laying 4 way lane road under National Highways Authorities Act. A sum of Rs.1,34,347/- was awarded by the 2nd respondent to the appellant by fixing the land value at Rs.37/- per sq. mtr. The appellant, under protest, received the said amount and filed an application
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.
Narrow scope of interference under Sections 34/37 Arbitration Act in NHAI awards; no re-appreciation of evidence or modification of compensation.
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 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 NHAI land awards; cannot re-appraise evidence or enhance compensation without perversity.
Limited judicial interference under Sections 34/37 Arbitration Act in NHAI land compensation awards; no re-appreciation of evidence.
Narrow scope of judicial interference under S.34/37 Arbitration Act; courts cannot re-appreciate evidence or modify land compensation awards under NH Act.
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