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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. Velmurugan, K. Govindarajan Thilakavadi, JJ
Shahila Bee – Appellant
Versus
National Highways Authority of India – Respondent
| Table of Content |
|---|
| 1. procedural background of land acquisition compensation dispute. (Para 1 , 2) |
| 2. arguments on procedural fairness versus strict application of legal provisions. (Para 3 , 4) |
| 3. court's authority to remit matters for fairness despite procedural non-compliance. (Para 6 , 7 , 8) |
(Judgment of the Court was delivered by P.VELMURUGAN,J.)
The present Civil Miscellaneous Appeal is filed against the order passed by the learned Principal District Judge, Villupuram, dated 11.01.2021 passed in Arb.O.P.No.100 of 2019.
2.The National Highways Authority of India (NHAI) has acquired the land of the appellant herein for the purpose of extending the National Highways-68, for which the appellant has been awarded a compensation of Rs.2,94,394/- by the Competent Authority/2nd respondent. Since the appellant felt that the compensation awarded was not fair, she had filed a claim petition before the Arbitrator-cum-District Collector/3rd respondent seeking for enhancement of compensation, which came to be ordered in favour of the appellant with a direction to the 2nd respondent herein to collect the enhanced compensation from the Claims Department and settle the same to the appellant. Challeng
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