T.N.Subramanian vs. Union Of INDIA
Held
The High Court relegated the petitioner to the pending arbitration proceedings. It directed the arbitrator (8th respondent) to consider an interlocutory application under Section 17 of the Arbitration and Conciliation Act, 1996, for valuation of the establishment and improvements within one week, and to complete the entire arbitration within eight months. Dispossession and demolition were made subject to Section 3E of the National Highways Act, 1956.
Facts
The petitioner, a director of Karma Autocare India Pvt. Ltd., challenged the compensation award for property acquired for National Highway 66 widening. The petitioner contended that the award failed to adequately value the establishment, consider loss of earnings, and wrongly deducted 6% for salvage. An arbitration request under Section 3G(5) of the National Highways Act, 1956, was pending.
Key Issues
The key legal issues were the adequacy of compensation for land and business acquired for National Highway widening, including valuation of the establishment, loss of earnings, and salvage deduction, and the appropriate forum and procedure for challenging the award.
Sections Cited
National Highways Act, 1956: Section 3G(5), Section 3G(7), Section 3E. Arbitration and Conciliation Act, 1996: Section 17. Act 30 of 2013: Section 28A, Schedule II. (No CGST/SGST Act sections or Rules were discussed as this case is not related to GST).
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI FRIDAY, THE 29TH DAY OF JULY 2022 / 7TH SRAVANA, 1944 WP(C) NO. 23870 OF 2022 PETITIONER: T.N.SUBRAMANIAN, AGED 66 YEARS S/O NARAYANA IYYER, THOORPUMADAM HOUSE, NEAR ARATTUPUZHA MILK SOCIETY, ARATTUPUZHA P.O., THRISSUR 680562. BY ADVS. SRI P.SATHISAN SRI DONA AUGUSTINE RESPONDENTS: 1 UNION OF INDIA, REP. BY SECRETARY, MINISTRY OF ROAD TRANSPORT & HIGHWAYS, GOVERNMENT OF INDIA, CENTRAL DELHI P.O., NEW DELHI-110 001. 2 REGIONAL OFFICER, NATIONAL HIGHWAYS AUTHORITY OF INDIA, REGIONAL OFFICE - KERALA, T.C 86/1036-1, AMBLY ARCADE, S.N.N.R.A - 9, PETTAH P.O, THIRUVANANTHAPURAM, 695 024. 3 THE PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT- KOCHI, VII/511 B, NEITHELI -MAVELIPURAM ROAD, MAVELIPURAM, KAKKANAD, KERALA 682030. 4 DIRECTOR GENERAL (ROAD DEVELOPMENT) & SPECIAL SECRETARY, ROOM NO.213, MINISTRY OF ROAD TRANSPORT & HIGHWAYS, TRANSPORT BHAVAN, 1, PARLIAMENT STREET, CENTRAL DELHI P.O., NEW DELHI-110 001. 5 PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA (HEAD OFFICE) DWARAKA SECTO
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