INTI MANOHAR NAIDU Vs. DISTRICT COLLECTOR CUM ARBITRATOR

JUDGEMENT

(1.) A part of the land of the petitioners situated in Sy.No.518/2A and 524/5B of Gangavaram Village was acquired, for the purpose of widening of National Highway No.4, under the Provisions of National Highways Act. The petitioners being dissatisfied, with the compensation fixed for them, have invoked arbitration. The petitioners being aggrieved, by the award of the Arbitrator, moved Arb.O.P.No.116 of 2020, for setting aside the Award, dtd. 17/1/2020, under Sec. 34 of the Arbitration and Conciliation Act, 1996, before the District Judge, Chittoor.

(2.) The petitioners have moved I.A.No.78 of 2023, for appointment of an Advocate Commissioner, to measure the distance from the schedule property and a property which was the subject matter of a deed of sale, dtd. 22/8/2015, which was registered as Document No.3201 of 2015 and for measuring the distance from the scheduled land to Palamaner Municipality along the main road of the Bangalore-Chennai Highway. This application was rejected by the trial Court, by an order dtd. 6/11/2024. The trial Court took the view that the scope of review, under Sec. 34 of the Arbitration and Conciliation Act, would not extend to a reassessment of the material before the Arbitral Tribunal and the exercise of an Advocate Commissioner being appointed, for measuring the distances, would not aid the petitioners in any manner, in relation to challenging the award, under Sec. 34 of the Arbitration and Conciliation Act, 1996.

(3.) Aggrieved by the said order, the petitioners have moved the present Civil Revision Petition.