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IN THE HIGH COURT OF KERALA AT ERNAKULAM
AMIT RAWAL, C.S. Sudha, JJ
SHIJI – Appellant
Versus
THE PROJECT DIRECTOR N.H AUTHORITY OF INDIA – Respondent
| Table of Content |
|---|
| 1. acquisition of land and compensation details. (Para 2 , 3 , 4) |
| 2. arguments regarding adherence to statutory mandates. (Para 6 , 11) |
| 3. court's reaffirmation of statutory entitlements for landowners. (Para 12 , 15 , 26) |
| 4. recognition of legal precedents regarding solatium. (Para 23 , 34) |
| 5. endorsement of statutory benefits and restoration of arbitration award. (Para 35 , 36) |
JUDGMENT
Dated this the 10th 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
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