Huluvadi G. Ramesh, Shamsher Bahadur Singh, JJ. - (1.) We have heard Sri V.C.Dixit, learned counsel for the petitioners and Sri Sudhir Bharti, learned counsel for the respondent nos. 2 and 3.
(2.) This writ petition has been filed with a prayer to issue a writ, order or direction in the nature of mandamus commanding the respondents to enhance the compensation at the rate of Rs.10,000/- per sq. meter along with interest @ 9% from the date of acquisition for the acquired land of the petitioners of Gata No.582, Area 0.1632 hectare situated in village Damanhedi, Pargana and Tehsil Sadar, District Muzaffar Nagar. Further prayer is to issue a writ, order or direction in the nature of mandamus commanding the respondents to pay the enhance amount to the petitioners along with interest as just compensation for the land of the petitioners which was acquired by the respondents.
(3.) Learned counsel for the petitioners has submitted that the value assessed by the Special Land Acquisition Officer (hereinafter referred to as the "SLAO") is much lower than the market value as the land of the petitioners is adjacent to the market and industrial area. In this regard the petitioners have filed several evidences to establish the value of the land before the Commissioner, Saharanpur/Arbitrator who without considering the potential value of the land had passed the award dated 14.5.2013 holding that the rate fixed by the SLAO is just and proper. Thereafter the petitioners have filed Arbitration Case No.390 of 2013 before the District Judge, Muzaffar Nagar, under Section 34 of Arbitration and Reconciliation Act, 1996 for enhancement of compensation challenging the award of Commissioner, Saharanpur/ Arbitrator dated 14.5.2013 which was dismissed by the learned District Judge, Muzaffar Nagar vide judgement dated 13.12.2014 as not maintainable holding that the Court has no authority to enhance the amount of compensation under Section 34 of Arbitration and Reconciliation Act, 1996.;