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2021 Supreme(Online)(KER) 24830

HIGH COURT OF KERALA
P. B. Suresh Kumar, C.S. Sudha, JJ
P.R.SUBHASH – Appellant
Versus
THE NATIONAL HIGH WAY AUTHORITY OF INDIA – Respondent


Advocates:
SRI.G.SREEKUMAR (CHELUR), SMT.PREETHY KARUNAKARAN, T.K.VIPINDAS, SR.GOVERNMENT PLEADER K.A.SALIL NARAYANAN, SRI.THOMAS ANTONY, SRI.P.SANTHOSH (PODUVAL), SMT.R.RAJITHA, SRI.JACOB SEBASTIAN, SMT.SHAMSEERA. C.ASHRAF, SRI.P.R.VENKATESH, SRI.R.MANIKANTAN, SRI.VINOD KUMAR.C, SRI.N.N.SUGUNAPALAN (SR.), SRI.S.SUJIN, NANAVATI MAULIK.G, SANTHOSH MATHEW, ARUN THOMAS, JENNIS STEPHEN, ANIL SEBASTIAN, PULICKEL, BIDAN CHANDRAN, E.C.KURIAKOSE, SRI.M.P.PRAKASH, SRI.THOMAS ANTONY, SRI.BIDAN CHANDRAN

JUDGMENT

P.B.Suresh Kumar, J.

Lands and structures held by the appellants in this batch of appeals situated on either side of National Highway-47 were acquired for widening and improvement of the National Highway in terms of the provisions of the National Highways Act, 1956 (the Highways Act). Since the compensation determined by the Competent Authority under the Highways Act for the lands and structures acquired was not acceptable to the appellants, they applied for determination of the compensation by the Arbitrator appointed by the Central Government as provided for under Section 3G (5) of the Highways Act. The matters were accordingly referred for arbitration. On an appraisal of the facts and circumstances, the Arbitrator enhanced the compensation fixed for the lands and structures acquired from the appellants. The appellants challenged the awards of the Arbitrator in proceedings instituted under Section 34 of the Arbitration and Conciliation Act, 1996 (the Act) on various grounds. The challenge to the arbitral awards was, however, repelled by the court and these appeals are preferred against the decisions of the court in the applications preferred by the appellants under of

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