Case Law Details
National Highways Authority of India Vs Sri P. Nagaraju @ Cheluvaiah & Anr. (Supreme Court)
Courts do not have the power to modify any award decided by the Arbitrator under Sections 34 and 37 of Arbitration and Reconciliation Act, 1996
BRIEF FACTS:
1. The claimants – (private respondents in these appeals) are the owners of the different extent of land in the various survey numbers which were all part of the same acquisition which was initiated under the preliminary notifications dated 01.02.2016 and 02.02.2016 issued under the National Highways Act (‘NH Act’ for short). The facts arising in the appeal relating to SLP(C) No.19775/2021 is referred as the lead case. The facts in the other cases are more or less similar, while the legal issues raised are the same.
2. The lands situated in Survey Nos. 92/1, 90/2A, 42/1 of Mayaganahalli, survey no.35/3 and 37/1 of Madapura, survey no.24 of Kallugopahalli and survey no.40/8 of Kumbalagodu, among others were notified for acquisition under the preliminary notification dated 01.02.2016 and 02.02.2016. The said acquisition was a part of the process for formation of the Bengaluru Mysore (NH-275) Highway. The final notification was issued on 23.09.2016 and 04.10.2016. The SLAO on initiating the process for passing the award, on consideration of the material available before him, had passed the award dated 10.03.2017 and 04.01.2017 determining the compensation at Rs.2026/-and Rs.17200/- per sq. mtr respectively. The SLAO keeping in view the provisions contained under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (‘RFCTLARR Act, 2013’ for short), took note of the sale exemplars which were available before him but ultimately took note of the value provided under the notification dated 07.11.2014 issued by the Department of Stamps and Registration for the purpose of registration of the sale transactions, to award compensation.
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