MANISH PITALE,J. - (1.) These are four appeals, two filed by the acquiring body i.e. National Highways Authority of India through Ministry of Shipping, Road Transport and Highways, while the other two are appeals filed by the land owners, in the context of acquisition of their lands under provisions of the National Highways Act, 1956 ( "Act of 1956 "). These appeals filed under Section 37 of the Arbitration and Conciliation Act, 1996 ( "Arbitration Act ") challenge judgments and orders passed by the Court of District Judge, Nagpur, in applications filed under Section 34 of the aforesaid Act.
(2.) Brief facts leading to filing of the present appeals are that lands belonging to the land owners in the present appeals located in village Kapsi (Khurd), District Nagpur, were sought to be acquired by the National Highway Authority of India (i.e. "acquiring body ") under the provisions of the Act of 1956. Notification dated 21/09/2009 was issued under Section 3-A of the Act of 1956, expressing the intention of acquiring the lands of the land owners. On 13/10/2010, a Notification was issued under Section 3-D of the said Act of 1956, pertaining to declaration of acquisition. On 08/12/2010, public notices were issued under Section 3- G(3) and (4) of the said Act of 1956, to interested persons. Thereafter, on 31/10/2012, the Land Acquisition Officer and Competent Authority issued an Award, determining the compensation payable to the land owners.
(3.) The Land owners filed applications under Section 3G-(5) of the Act of 1956, seeking enhancement of compensation and determination of the same by the Arbitrator. The Arbitrator granted enhancement of compensation @Rs.3092/- per square meter to the land owners for their respective lands and further directed payment of additional amount of 10% of total compensation for loss of easementary rights, as per Section 3-G(2) of the Act of 1956.;