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2013 Supreme(Online)(Kar) 5

KARNATAKA HIGH COURT
Mohan Shantanagoudar, J.
Jayashree G. v. Secretary Ministry of Surface Transport and Others


1. The petitioner has sought for quashing the proceedings pending before the Prl. District Court, Chitradurga in AC(A) 76 / 07. She has also sought for quashing the order dated 31-1-2012 vide Annexure - M in Arbitration Suit No. 5/2009. Consequential reliefs are also sought for. The land bearing Sy. No. 78 of Metikurke, Hiriyur Taluk, Chitradurga District, owned by the petitioner was acquired by respondent No. 4 for widening of National Highway No. 4 by Preliminary notification dated 20th November 2000 and Final notification dated 23-12-2000. The competent authority passed the award granting certain compensation in favour of the petitioner. Feeling aggrieved, the petitioner filed appeal under S.3G(5) of the National Highways Act, 1956 (for short 'N. H. Act') before the Arbitrator / Deputy Commissioner, Chitradurga praying for enhancement of compensation. The Arbitrator / Deputy Commissioner enhanced the compensation to certain extent as per Annexure - B dated 8th May 2007. Feeling aggrieved by the award passed by the Arbitrator / Deputy Commissioner, Chitradurga, The National Highway Authority of India (for short "NHAI") made an application under S.34(2) of the Arbitration and Co








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