TARLOCHAN SINGH Vs. UNION OF INDIA AND ANR.

JUDGEMENT

(1.) Leave granted.

(2.) In these appeals the appellant has challenged the legality and correctness of the order dated 14th March, 2016 passed by the High Court of Punjab & Haryana at Chandigarh in RA-CR No.196 of 2011 in FAO No.254 of 2014, RA-CR No.199 of 2011 in FAO No.6225 of 2013, RA-CR No.197 of 2014 in FAO No.6226 of 2013 and FAO No.6315 of 2013, whereby the High Court had remanded the cases back to the Arbitrator for fresh disposal in terms of the said order.

(3.) The respondents in pursuance of the notification dated 24th Dec., 2004 under Sec. 3A of the National Highways Act, 1956 (for short 'the Act') acquired land of the appellant measuring 20 Marlas for widening the National Highway (Jalandhar-Pathankot Road). The LAC determined compensation of Rs. 1,23,050.00 to be paid to the land owner for the acquired land. The appellant being aggrieved by the amount of compensation awarded to him made a reference before the Commissioner, Jalandhar Division, Jalandhar-cum-Arbitral Tribunal. The learned Arbitrator enhanced the compensation to Rupees 41 lakhs vide award dated 4th April, 2009. The appellant being aggrieved by the said order, filed an application under Sec. 34 of the Act before the Additional District Judge, Jalandhar. The District Judge vide order dated 9th March, 2010 remanded the matter back to the Arbitrator to make fresh award. On 4th June, 2010, the Arbitrator passed an order enhancing the price of land to Rupees 2.15 lakhs per marla, awarded severance charges at the rate of Rupees two lakh and Rupees two hundred per feet for the boundary wall along with interest.