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Sections 26 and 27 of the Arbitration Act – Appointment of Advocate Commissioner for inspection of property to assess market value pending arbitration application under Sec.3G(5) of NH Act 1956

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Sections 26 and 27 of AA – Appointment of Advocate Commissioner for inspection of property for market value –

High Court of Kerala Judgment dated 3.10.2023 in WP (Civil) No.29228 of 2023 of M/s. Punarnava Ayurveda Hospital Pvt Ltd Vs.  The Arbitrator for NH 66 and the District Collector, Ernakulam and others

Award for the acquisition of property of the petitioner under the National Highways Act 1956 was passed.

On 24.8.2022, the petitioner filed arbitration application under Section 3G(5) of the NH Act before the respondent no.1 Arbitrator.

Pending arbitration application, the petitioner filed application dated 4.7.2023  under Section 26 of the AA for appointment of Advocate Commissioner with Surveyor and Technical person for inspection of properties and to file report.

The Arbitrator rejected the said application.

HELD that Section 26 deals with appointment of expert by the Arbitrator and Section 27 deals with the assistance of the Court in taking evidence.   Section 26 cannot be invoked for appointment of an Advocate Commissioner unless the concerned Advocate is an expert in relation to any issue to be determined by the Arbitrator.   Section 27 cannot be invoked for such appointment to conduct inspection of the property to ascertain market value of the land.  Therefore, the application cannot be entertained either under Section 26 or Section 26 of the AA.  The writ petition was dismissed.

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