- (1.) THE present First Appeal From Order arises from the below - mentioned set of facts: A notification under Section of the National Highway Act, 1956 (hereinafter referred to as the Act) was issued by the Central Government on 29.4.2002 proposing to acquire 13,395 Sq. Meters (about 3.04 acres) land of the six plots owned by respondents Jai Kumar Singh and others situated in Village Bagahi Kumbapur, Pargana Narwan, Tahsil and District Chandauli for the purpose of construction of Syed Raza Bypass to G.T. Road. The publication of Notification under Section of the Act was made in the extra ordinary Gazette on 4.12.2002. Thereafter, in pursuance of the Gazette Notification under Section of the Act, the respondents No. 1 to 4 filed their objection under Section of the Act contending that their land are agricultural and they were sowing and harvesting the crops at the time of Gazette Notification. The competent Authority appointed under the Highway Act after considering the objection of the opposite parties in regard to the determination of the compensation, determined the compensation of the entire acquired agricultural land under Section of the Act at the rate of Rs. 2,50,000/ - per acre which comes about Rs. 71/ - per square meter. The basis of award of the competent authority was Collector's circle Rate effective for the period 30.6.1999 to 31.7.2001. This rate of compensation was not acceptable to the petitioners hence the Central Government appointed Arbitrator to determine the Compensation under Section of the Act but in the present case the Competent Authority did not refer the matter for Arbitration and aggrieved thereby the respondents preferred a writ petition being Civil Misc Writ Petition No. 55258 of 2003 Jai Kumar Singh and Ors. v. Union of India and Ors. before this Court and the same was disposed of vide order dated 16. 12.2003.
(2.) THEREAFTER , the Central Government appointed Sri R.P. Singh, Addl. District Magistrate (Finance & Revenue), Varanasi as Arbitrator, who issued notices to the respondents. The respondents thereafter filed an objection under the provisions of Section of the Arbitration & Conciliation Act 1996 and claimed compensation at the rate of Rs. 3,50,000/ - per Biswa i.e. 2771/ - per square meters. The said claim was opposed by the petitioners by way of filing their reply and affidavit before the Arbitrator. That on 5.8.2004 the respondents claimants filed an application on 5.8.2004 before the Arbitrator for making an spot inspection which was opposed by the appellant. The objection of the appellant was rejected by the Arbitrator and the arbitrator on 27.9.2004 made spot inspection in presence of the parties and prepared a spot inspection report and came to the conclusion that the lands acquired are of high commercial value. Vide order dated 5.10.2004 the Arbitrator directed the Sub -Divisional Officer, Chandauli to produce the Circle Lekhpal of Circle Saiyad Raja and Dailupatti and Village Baghahi Kumbhapur fixing 12.10.2004. Pursuant to the order dated 5.10.2004, Lekhpal concerned appeared before the Arbitrator on 18.10.2004 along with site plan showing the location of the respondents' lands in dispute and made his oral statement and submitted the site plan before the Arbitrator. Thereafter, the respondents No. 1 to 4 examined themselves and filed their affidavits before the Arbitrator. The union of India respondent No. 6 adduced no oral or documentary evidence in rebuttal as such evidence of the respondents went uncontroverted.
(3.) THE Arbitrator after hearing the appellant and claimants respondents vide order dated 16.3.2005 passed an award enhancing the amount of compensation of the agricultural land from Rs. 2,50,000/ - acre to Rs. 836.89 per square meter which comes to approximately Rs. 37 lacs per acre relying on the exemplars filed by the claimants -respondents in accordance with law. Aggrieved by the arbitral award dated 6.3.2005 the appellant filed an application under Section of the Arbitration and Conciliation Act 1996 before the District Judge for setting aside the Arbitral Award dated 16.3.2005 which was registered as Arbitration Petition No. 3 of 2005. The claimants respondents filed an objection against the application filed by the appellant under Section of the Act and denied the allegations made in the application stating that no ground is made out to set aside the arbitral award.;