SHALINI Vs. NATIONAL HIGHWAY AUTHORITY OF INDIA

JUDGEMENT

(1.) The petitioners are before this Court seeking for the following reliefs:

(2.) The grievance of the petitioners is that, the petitioners are the decree holders and owners of the land bearing survey No.604 measuring 05 acres 05 guntas, under which an extent of 10,220 sqmtr was taken possession for construction of flyover by the National Highways Authorities of India (NHAI). The competent Authority had passed an award as regards the lands acquired. However, being dissatisfied by the said award, the petitioners submitted a reference for arbitration on 31/10/2012, in terms of Sec. 3- G(5) of the National Highway Act, 1956 (hereinafter for brevity referred to as NHA), seeking for enhancement of compensation.

(3.) The Arbitrator has thereafter passed an award, awarding compensation of A4,186/- per sq.mtr along with interest at 9% p.a. The respondent had made payment of part of the award and the balance of amount of the compensation not having been paid, the claimants/Decree Holders have filed Execution Petition No.302/2015 before the Principal District Judge, Dharwad, which was objected to by the respondent - NHAI.