NATIONAL HIGHWAYS AUTHORITY OF INDIA PROJECT Vs. ZULKHARNAIN

JUDGEMENT

(1.) This appeal is filed under Section 37 1 [c] of the Arbitration and Conciliation Act, 1996 [ Act, 1996 for short] challenging the orders passed under Section 34 of the Act in A.S.No.6/2020 dated 27.01.2021 by the file of the Principal District Judge, Bengaluru Rural District, Bengaluru [ Trial Court for short].

(2.) Land measuring 121 square meter bearing Sy.No.40/8 situated in Kumbalagudu village, Bengaluru South Taluk, Bengaluru District was acquired under Section 3-A 1of the National Highways Act, 1956 [ NH Act for short] vide Preliminary Notification dated 02.02.2016. Final Notification dated 04.10.2016 was issued under Section 3-D 1 of the Act. Special Land Acquisition Officer and Competent Authority [SLAO and CA] passed the awards under Section 3-G7 of the NH Act relating to the subject land treating the same as non-agricultural land.

(3.) Being dissatisfied with the quantum of compensation awarded by the SLAO, respondent No.1 filed the claim petition before the Arbitrator under Section 3-G5 of the NH Act, seeking for enhancement of compensation. Objections were filed by the SLAO & CA and the appellant herein. Arbitrator passed the award enhancing the market value by 50% relying on the notification dated 05.12.2018 issued by the Department of Registration and Stamps. The details of the same are as under: