CAV JUDGMENT

This miscellaneous first appeal is filed challenging the order dated 06.01.2024 passed in A.P.No.89/2022 by the I Additional District and Sessions Judge, Mangaluru and consequently set aside the arbitral award passed in No.C.DIS.ARB(2). NH.LAQ.CR – 127/2017-18 DATED 19.04.2022 passed by respondent No.2 for enhancing the compensation at the rate of Rs.1,28,800/- per cent.

2. Heard the learned counsel appearing for therespective parties.

3. The factual matrix of the case is that a notification came to be issued for acquiring the land for the purpose of widening of National Highway No.66 at Kotekar village under Section 3A (1) of the National Highways Act (for short ‘NH Act’) on 08.02.2010 and the Special Land Acquisition Officer passed the award determining the compensation in respect of the land bearing Sy.No.24/5B measuring 546.34 square meters residential converted land situated in Kotekar village, Mangaluru taluk for which compensation was determined at Rs.1,00,000/- per cent considering the same as dry land. The respondent herein filed a petition under Section 3G(5) of the NH Act to the Deputy Commissioner, D.K., Mangaluru being aggrieved by the determination of compen