LAWS(MAD)-2022-2-71

UNION OF INDIA Vs. J.AUUAMAR

Decided On February 18, 2022
UNION OF INDIA Appellant
V/S
J.Auuamar Respondents

JUDGEMENT

(1.) This appeal is filed by the National Highways Authority of India modifying the award of the Arbitrator in an application under Sec. 34 of the Arbitration and Conciliation Act, 1996.

(2.) .The brief facts which are necessary for disposal of this appeal are as follows.

(3.) .The lands belonging to the respondents were acquired by the National Highways Authority of India for widening and four laning of NH-7. A Preliminary notifications were published in the year 2005. The lands were taken over by the National Highways. Thereafter, the competent authority viz., the Special District Revenue Officer, Virudhunagar, passed an award on 29/12/2006 granting a sum of Rs.6.30 per Sq.mtr. In the award, the competent authority would refer to the proceedings dtd. 6/12/2006 under which he had fixed the valuation. The proceedings, dtd. 6/12/2006 is not one rendered under Sec. 3G of the National Highways Act. The National Highways Act requires the competent authority to fix the valuation of the land taking into account certain factors that are enumerated under sub-Sec. (7) of Sec. 3G of the Act.