RAMAKRISHNA ENTERPRISES Vs. ARBITRATOR CUM DEPUTY COMMISSIONER

JUDGEMENT

(1.) Heard the learned counsel appearing for the appellant and also the counsel appearing for respondents.

(2.) This MFA is filed against the order of rejection of Arbitration Suit of 27/2010 dtd. 30/11/2015, on the file of I Addl. District Judge, Dakshina Kannada, Mangaluru. The factual matrix of the case is that the appellant is the owner of Sy.No.43/4 of Padukodi Village, Mangalore Taluk, which is subject of matter of acquisition for the purpose of widening of the existing National Highway into four lines and forwarded the same to respondent No.3 for acquisition of aforesaid land of the appellant along with other lands. In pursuance of the same the acquisition proceedings bearing No.NHAI/LA/SR/10/2005-06 dtd. 7/9/2006 initiated and issued a paper publication and called for the objections from the interested parties. By virtue of the said paper publication, the plaintiff filed the detailed objection before the 2nd respondent/Land Acquisition Officer. The Land Acquisition Officer has passed award dtd. 30/10/2007 by fixing the compensation amount. Aggrieved by the award passed by second respondent third respondent referred the matter to the Arbitration to the First respondent under Sec. .3(G)(5) of the National Highways Act 1956.

(3.) Per contra, learned counsel for respondents submit that the area was acquired and arbitrator has also considered the case of the appellant herein and awarded a compensation for the acquired land at the rate of Rs.1,40,000.00 per cent with 9% interest. Counsel submits that the arbitrator even exceeded his limit, by considering the guidance value instead of average value and now the appellant cannot urge that an appropriate opportunity was not given to him.