- (1.) The petitioner has sought the quashing of the Award dated 27 October 2017 made by the Competent Authority for determination of the amount of compensation. This award has been made pursuant to the directions issued by the Arbitrator on 5 September 2017.
(2.) It transpires that the land of the petitioner was acquired under the provisions of the National Highways Act, 1956 (hereinafter referred to as the 'Act'). Feeling aggrieved by the determination of compensation by the Competent Authority, the petitioner took recourse to the arbitration proceedings contemplated under sub-section (5) of Section 3G of the Act. The Arbitrator remanded the matter for a fresh determination by the Competent Authority in the light of the observations made in the award.
(3.) The grievance of the petitioner is that despite the observations made in the award made by the Arbitrator, the Competent Authority has filed to adhere to the observations. This matter can, in our opinion, be raised by the petitioner before the Arbitrator. It needs to be noted that Section 3G(5) of the Act provides that if the amount determined by the Competent Authority under sub-section (1) or sub-section (2) is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the Arbitrator to be appointed by the Central Government. The Arbitrator itself can determine the amount of compensation.;