Yogendra Kumar Srivastava, J. - (1.) Heard Shri Akhtar Ali, learned counsel for the petitioners; Shri Pawan Kumar Mishra holding brief of Shri Pranjal Mehrotra for the respondent no. 2 and Shri Pradeep Kumar Tripahti, learned Standing Counsel for the respondents no. 3 & 4.
(2.) In proceedings for acquisition of land initiated under the National Highways Act, 1956 an award dated 22.6.2013 was made by the Additional District Magistrate (Land Acquisition), Ghaziabad/Competent Authority. Raising a grievance against amount determined by the competent authority, a reference was made at the behest of the petitioner for arbitration before the Arbitrator/District Magistrate, Ghaziabad registered as Arbitration Case No. 2352 of 2015, and vide order dated 28.3.2017 the learned Arbitrator passed an award enhancing the rate to Rs. 1335/- per square meter.
(3.) At this stage an application under Section 33(4) of the Arbitration and Conciliation Act, 1996 is said to have been filed by the petitioner for recalling the award dated 28.3.2017 passed by the Arbitrator/District Magistrate, Ghaziabad in Arbitration Case No. 2352/2015 and making a request for passing an additional arbitral award. The said application came to be rejected by the Arbitrator/District Magistrate, Ghaziabad vide order dated 24.9.2018, and thereafter the present petition has been filed. Learned counsel for the petitioner seeks to challenge the order dated 24.9.2018 passed by the Arbitrator/District Magistrate, Ghaziabad by asserting that the claim made by the petitioner for enhancement of compensation based upon the prevalent circle rate and the other developments in the area and also the legal provisions have not been considered by the Arbitrator/District Magistrate, Ghaziabad while deciding the application filed under Section 33(4) of the Act of 1996.;