JUDGMENT

Dated this the 10^th day of April, 2023

Amit Rawal, J.

Present appeal is directed against the judgment dated 25.2.2021 rendered in O.P(Arb).No.526/2018 of Additional District Court-III, Thiruvananthapuram, whereby the Award bearing No.55 of 2015 in LAC No.535 of 2013 of the Arbitrator dated 30.1.2018 enhancing the compensation awarded by the competent authority, has been set aside.

2. The facts in brief for adjudication of the controversy involved in the present case, are as under:

Land to the extent of 11.90 Ares, comprised in Re-Survey No.95/22 of Kanjiramkulam Village, along with other parcels of land, totaling 70.05.07 Hectares in various survey numbers of Kottukkal, Thirupuram, Kanjiramkulam, Chenkal and Karode village of Neyyattinkara Taluk was acquired for the purpose of forming a bye- pass to avoid the Kazhakkuttam-Karode stretch of the NH 47 in Thiruvananthapuram city.

3. Declaration under Sub Section 1 of Section 3D of the National Highways Act was approved and published in the ofÏcial Gazette of Government of India on 7.3.2013. Special Deputy Collector, Land Acquisition, National Highway, Thiruvananthapuram was appointed as the competent authority to determine the a