G. RAVISHANKAR Vs. NATIONAL HIGHWAYS AUTHORITY OF INDIA

JUDGEMENT

(1.) In this appeal, appellant is challenging the order dated 17.03.2010 passed by the learned Principal District Judge, Chitradurga, in Arbitration Case (A) No.75/2007, thereby allowing the application by setting aside the award dated 08.05.2007 passed by the Deputy Commissioner, Chitradurga, in No.LAQ/C.R/14/ 2005-06.

(2.) An extent of 22,869 sq. ft. of land comprised in Sy. No.49/2 of Aimangala village, Hiriyur Taluk, Chitradurga District, belonging to the appellant has been acquired for the benefit of respondent No.1-National Highways Authority of India, for the purpose of widening National Highway No.4. A notification under Section 3D of the National Highways Act, 1956 (for short, the Act ) came to be issued on 29.10.2001. On 30.12.2002, the Competent Authority/Land Acquisition Officer passed an award determining the market value and compensation payable at the rate of Rs.42 per sq. ft. Aggrieved by the same, the claimant moved the Deputy Commissioner under Section 3G(5) of the Act, read with the provisions of the Arbitration and Conciliation Act, 1996.

(3.) The Deputy Commissioner/Arbitrator exercising his power under Section 3G(7) of the Act, has passed the award dated 08.05.2007 enhancing the market value of the land and fixing the same at Rs.125/- per sq. ft. He has granted the following reliefs taking note of the loss suffered by the appellant in his business and the inconvenience caused to him apart from the trauma undergone in that process.