Amit Rawal, J. - (1.) The appellants -National Highway are in appeal against the dismissal of the objections filed under Sec. 34 of the Arbitration and Conciliation Act, 1996 (for short '1996 Act'), whereby, the Award dated 22.04.2013 was sought to be set aside.
(2.) Mr. R.S. Madan, learned counsel for the appellants submits that the Objecting Court vide its order has dismissed the objections on the ground of limitation, as well as, on merits which is not sustainable in the eyes of law for the following reasons: - i) The award was pronounced on 22.04.2013. No copy of the award was supplied by the Arbitrator or was received through a separate communication and from the date of the knowledge of the award, objections should be construed within the period of limitation. ii) Award of the Arbitrator is against the public policy, therefore, the objections were within the realm of Sec. 34 of 1996 Act. iii) The Arbitrator has taken into consideration the potentiality of the land being commercial and in the absence of any evidence being led, the Land Acquisition Collector awarded the compensation of the land @ Rs. 3.076 lacs per marla, whereas, assessing authority assessed the compensation as Rs. 6,875/ - per marla. Even no sale deed of the area showing potentiality of the land has been placed on record, much less, nature of the land being taken commercial or residential and therefore, the assessment of the compensation @ Rs. 3,00,000/ - per acre is phenomenon.
(3.) I have heard learned counsel for the appellants and appraised the paper book.;