LAWS(KER)-2019-1-4

RAMADAS M.R. Vs. THE NATIONAL HIGHWAY AUTHORITY

Decided On January 16, 2019
Ramadas M.R. Appellant
V/S
The National Highway Authority Respondents

JUDGEMENT

(1.) Land owned by the appellants was acquired under the National Highways Act , 1956 (hereinafter referred to as 'the Highways Act ') for the purpose of widening of National Highway 47, from Walayar to Vadakkancherry. The competent authority fixed the amount of compensation for land payable to the appellants. The appellants recoursed to arbitration proceedings as provided under the Highways Act . The arbitrator enhanced the amount of compensation payable to the appellants. The appellants challenged the award passed by the arbitrator by filing applications before the District Court under Section 34(1) of the Arbitration and Conciliation Act , 1996 (hereinafter referred to as 'the Arbitration Act '). As per the impugned orders, the District Court dismissed the aforesaid applications. The owners of the land have come up in appeal.

(2.) We have heard learned counsel for the appellants and the learned Government Pleader and also the learned counsel for the first respondent. We have also perused the records.

(3.) Arbitration Appeal No.28 of 2016 relates to acquisition of wet land having an area of 0.0170 hectares. The Land Acquisition Officer granted compensation fixing the value of the land at Rs.28,249/- per Are. The arbitrator enhanced the compensation by refixing the value of the land at Rs. 42,374/- per Are.