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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. Velmurugan, K. Govindarajan Thilakavadi, JJ
P.Chandrasekaran – Appellant
Versus
The Competent Authority District Revenue Officer, Erode District, Erode – Respondent
| Table of Content |
|---|
| 1. land acquisition under nh act; inadequate compensation challenged. (Para 1 , 2) |
| 2. arguments on development deduction and solatium omission. (Para 3 , 4) |
| 3. denial of statutory benefits held perverse and illegal. (Para 6) |
| 4. award set aside; remitted for fresh decision. (Para 7 , 8) |
(Judgment of the Court was delivered by P.Velmurugan J.)
This Civil Miscellaneous Appeal has been filed by the land loser to set aside the order and decretal Order of the learned Principal District Judge, Erode, dated 29.09.2020 in Arbitration O.P. No.89 of 2019.
2. The case of the appellant is that his land to an extent of 2792 sq.mts.
was acquired by the competent authority for the purpose of widening the existing road NH-47 by way of notification under Section 3A(1) of the National Highways Act, 1957, published on 07.06.2007 and passed an award in No.19/20 dated 22.11.2007 by fixing the rate at Rs.80.30 per sq.mt and also granted 10% additional amount as per Section 3G(2) of the National Highways Act, 1956. Since the said compensation amount was grossly low and inadequate, he filed an appeal before the Arbitrator/District Collector, Erode seeking enhancement of compensation amount as Rs.6
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