JAMES MATHEW Vs. NATIONAL HIGHWAY AUTHORITY OF INDIA

JUDGEMENT

(1.) This appeal arises out of the order dated 30.3.2016 passed by the District Court, Palakkad in O.P(Arb) No.52/2012.

(2.) An extent of 0.0590 hectares of land, owned by the appellant, was acquired under the National Highways Act, 1956 for the purpose of widening of National Highway-47. The competent authority fixed the amount of compensation for dry land at Rs.44,460/- per Are and for wet land at Rs.24,700/- per Are. The competent authority also granted an amount of Rs.2,47,698/- as compensation for the structures in the acquired land and Rs.1,100/- for the improvements. The appellant recoursed to arbitral proceedings as provided under the National Highways Act. The arbitrator found that the value of the land fixed by the competent authority did not reflect the actual land value prevailed in the locality. The arbitrator refixed the value of the dry land at Rs.66,690/- per Are and the wet land at Rs.37,050/- per Are. The arbitrator also granted a further amount of Rs.49,540/- as compensation for the structures in the acquired land.

(3.) The appellant challenged the award passed by the arbitrator by filing application before the District Court, Palakkad under Section 34(1) of the Arbitration and Conciliation Act, 1996. The learned District Judge found that the award of the arbitrator is not patently illegal and there was no valid ground to interfere with the award and accordingly, dismissed the application. The aforesaid order is challenged in this appeal.