Banwari Lal Sharma, J. - (1.) Appellant- National Highway Authority of India has preferred this misc. appeal under Section 37 (1)(b) of Arbitration And Conciliation Act, 1996 impugning the order dated 27.04.2016 passed by learned Additional District Judge No. 5, Jaipur Metropolitan Jaipur in Civil Misc. Case (Arbitration) No. 333/2015 whereby learned Court below dismissed the objections of appellant- petitioner submitted under Section 34 of Arbitration and Conciliation Act, 1996.
(2.) The brief facts of the case are that Central Government for the public interest intended to acquire certain land which was required for construction of the National Highway No. 12, JaipurTonk-Devali section for widening/strengthening of the road from 18.700 Km to 52.484 Km into 4/ 6 lane under section 3-A by notification dated 23.07.2009 published in the Official Gazette thereby declaring its intention to acquire the said land duly published under section 3-A-(3) in two local newspapers being "Dainik Badte Kadam" and "Khabron ki Duniya" on 3.09.2009 in Hindi language and invited objections within 21 days from the date of publication of notification under Section 3-A-(1) i.e. 23.07.2009.
(3.) Respondent No. 3 filed its objections under section 3C of the National Highways Act, 1956, alongwith a permission granted by Competent Authority/Deputy Commissioner Zone-11, Jaipur Development Authority under section 90-B of the Rajasthan Land Revenue Act, 1956. The Competent Authority of Land Acquisition (C.A.L.A.) while determining the compensation held that the Respondent No. 3 has sought permission under section 90B of the Land Revenue Act, 1956 and as such the land in question stood vested to the Jaipur Development Authority (J.D.A.). However, JDA did not issue any Patta in the nature of residential, commercial or industrial to the respondent No. 3. As such, C.A.L.A. vide award dated 25.06.2010, treated the nature of land as agriculture (Barani-3) and determined the amount payable to the respondent No. 3. Accordingly a report was sent by C.A.L.A. to the Central Government.;