JAYARAM PANDA Vs. NATIONAL HIGHWAY AUTHORITY OF INDIA

JUDGEMENT

(1.) Mr. Sarangi, learned advocate appears on behalf of appellant and on 22/3/2022 had submitted, impugned judgment dtd. 5/12/2018 is liable to and should be set aside in appeal. The Court below erred in not appreciating that his client had mounted good challenge against award by order dtd. 13/6/2016 regarding quantum of compensation to be paid to his client on acquisition by National Highways Authority of India (NHAI). There were two technical evaluations of industrial loss suffered and compensation to be paid to his client. The earlier assessment returned finding of compensation payable at Rs.55,69,904.00. There was a subsequent assessment, which returned figure Rs.92,38,627.00. He submits, there is no reasoning in the award as to why latter assessment stood rejected.

(2.) Today, he draws attention to comments made by General Manager DIC-Ganjam-Berhampur-cum- Chairman Technical Committee dtd. 11/5/2010. He submits, copy of this document have been circulated to respondents, State and NHAI.

(3.) He demonstrates from the comments that actual loss of interest of Rs.31,49,513.00 had not been considered basing on Rs.24,61,359.00 as fixed capital investment. Loss of interest was calculated on Rs.17,90,759.00 towards fixed capital investment, determined by the previous committee. Furthermore, specific damages were taken by the previous committee at Rs.19,10,375.00 but calculation given in the comments show the figure to be Rs.38,10,538.00. The aggregate difference added to the award amount make up the sum of Rs.92,38,627.00. He submits, this recommendation by the comments was urged by his client before the arbitrator but rejected out of hand.