NATIONAL HIGHWAYS AUTHORITY OF INDIA Vs. ARBITRATOR AND DIVISIONAL COMMISSIONER
LAWS(CAL)-2022-6-34
HIGH COURT OF CALCUTTA
Decided on June 17,2022

NATIONAL HIGHWAYS AUTHORITY OF INDIA Appellant
VERSUS
Arbitrator And Divisional Commissioner Respondents

JUDGEMENT

DEBANGSU BASAK,J. - (1.) The issues involved in both the appeals are similar and, therefore the two appeals had been heard one after the other. We have, therefore, decided to dispose of both the appeals by this common judgement and order. For the sake of convenience, the factual situation obtaining in F.M.A.T. No. 51 of 2021 have been largely alluded to herein. Wherever necessary factual situation obtaining in F.M.A.T. No. 52 of 2021 has been alluded to also.
(2.) The appellant has filed the instant appeals under Sec. 37 of the Arbitration and Conciliation Act, 1996 challenging the Orders of the learned District Judge Jalpaiguri dated September 13, 2021 passed in Misc. Case No. 6 of 2019 (Arbitration) and Misc. Case No. 13 of 2019 (Arbitration). The appeal against the order passed in Misc. Case No. 6 of 2019 (Arbitration) has been registered as F.M.A.T. No. 51 of 2021 while the appeal against the order passed in Misc. Case No. 13 of 2019 (Arbitration) has been registered as F.M.A.T. No. 52 of 2021.
(3.) By the impugned orders passed under Sec. 34 of the Act of 1996, the learned District Judge has upheld the award. In addition to the reliefs granted by the Arbitrator, the learned District has directed the Competent Authority to grant solatium and interest to the land losers.;


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