NATIONAL HIGHWAYS AUTHORITY OF INDIA Vs. ADDITIONAL COMMISSIONER

JUDGEMENT

(1.) Heard. Admit. Heard finally with the consent of the learned counsel for the rival parties.

(2.) By this appeal, National Highways Authority of India and the Government of India, through the Ministry of Road Transport and Highways(appellants) have challenged judgment and order dtd. 21/12/2020, passed by the Court of Principal District Judge, Nagpur (PDJ) in arbitration application filed by the appellants under Sec. 34 of the Arbitration and Conciliation Act, 1996 (Act of 1996). By the said judgment and order, the PDJ has partly allowed the application and set aside Award passed by the Arbitrator, only to the extent of granting additional 10% amount on total compensation to the contesting respondent Nos.3 to 8 for loss of easementary rights, as per Sec. 3-G(2) of the National Highways Act, 1956 (Act of 1956).

(3.) The appellants undertook the process of acquisition of lands of respondent Nos.3 to 8 through the respondent No.2 - Land Acquisition Collector and Competent Authority, under the provisions of the Act of 1956, pertaining to the land located in village Ketapar, Tah. Kalmeshwar, Dist. Nagpur. The said land was acquired for Saoner- Dhapewada-Kalmeshwar-Gondkhairi sec. of National Highway No.7. Pursuant to the proceedings of acquisition undertaken by the respondent No.2 under the provisions of said Act, on 31/03/2018, the said respondent pronounced Award/Order, offering compensation to respondent Nos.3 to 8. Aggrieved by the same, the said respondents invoked Sec. 3-G (5) of the said Act, as a consequence of which, arbitration proceeding was initiated before the respondent No.1 - Additional Commissioner/Arbitrator.