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ANANTA CHARAN SAHOO v. LAND ACQUISITION OFFICER CUM COMPETENT AUTHORITY (NH) KHURDA

Supreme Court of India | Diary 41864/2023

Status

Order

Decided On

2024-12-18

Bench

HON'BLE MR. JUSTICE MANMOHAN, HON'BLE MR. JUSTICE ABHAY S. OKA

Petitioner

ANANTA CHARAN SAHOO

Respondent

LAND ACQUISITION OFFICER CUM COMPETENT AUTHORITY (NH) KHURDA

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS.14713-14714 OF 2024 (ARISING OUT OF S.L.P. (CIVIL) NOS.26647-26648/2023)

ANANTA CHARAN SAHOO APPELLANT(S)

VERSUS

LAND ACQUISITION OFFICER-CUM- COMPETENT AUTHORITY (NH), KHURDA & ORS. RESPONDENT(S)

O R D E R

1. Leave granted.

2. The facts of this case are very peculiar. An award was made

in connection with grant of compensation on account of acquisition

by the National Highways Authority of India. The property of the

appellant was acquired. Being aggrieved by the award, the

appellant preferred a petition under Section 34 of the Arbitration

and Conciliation Act, 1996 (for short, “the Arbitration Act”).

While allowing the petition under Section 34 of the Arbitration

Act, the Court enhanced the market value of the land to Rs.1.20

crores per acre. An appeal under Section 37 of the Arbitration Act

was preferred by the appellant confined to interest on solatium

part. The appeal was partly allowed by granting interest on

solatium in the light of law laid down by this Court in the case of

Sunder vs. Union of India1 and other judgments. However, in

paragraph 10, the High Court proceeded on the footing that the rate

granted was Rs.86 lakhs per acre. The judgment dated 13th July,

2022 of the High Court on the appeal under Section 37 was

challenged by the appellant before thi...

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