Jayant Banerji, J. - (1.) By means of this writ petition, the petitioners seek to challenge the order dated 12.12.2017, passed by the Arbitrator/Commissioner, Kanpur Region, Kanpur under Section 33 of the Arbitration and Conciliation Act, 19961.
(2.) Heard learned counsel for the petitioners, learned Standing Counsel for respondent nos. 1,2 and 5 and Sri Pranjal Mehrotra for respondent nos. 2 and 3.
(3.) It is contended on behalf of the petitioners that proceedings for acquisition on behalf of the Dedicated Freight Corridor Corporation of India2 was undertaken, in pursuance of which, certain plots of land of the petitioners were acquired and an award by the Arbitrator was passed on 27.3.2015. Thereafter, an application dated 10.9.2015 under Section 33 of the Act of 1996 was filed on behalf of the Corporation, in which it was stated that in pursuance of the order of the Tribunal dated 23.9.2014, the Sub-Divisional Magistrate, Sadar was directed to conduct the spot inspection and to submit a report before the Arbitrator, but since an erroneous report was submitted by the Sub Divisional Magistrate, it was not filed by the Corporation. However, the tenure holders filed the aforesaid report of Sub Divisional Magistrate along with their application dated 15.10.2014. In the reply filed by the Corporation, the Arbitrator was informed regarding erroneous report of the Sub Divisional Magistrate. It was stated that the award dated 27.3.2015 was passed without taking into account the objection of the Corporation and that the land in respect of plot No. 799, after re-demarcation was found to be in excess by only 1494 square meters and not 5061.2 square meters as stated in the award dated 27.3.2015. Stating that this was an computation error, the Corporation prayed for correction of the award dated 27.3.2015. This application of the Corporation was also accompanied by an application under Section 5 of the Limitation Act supported with an affidavit. Along with the application under Section 33 of the Act of 1996, the Corporation also filed the revised spot inspection report dated 9.4.2015.;