NATIONAL HIGHWAY AUTHORITY OF INDIA Vs. LAWERENCE

JUDGEMENT

(1.) This intra-court appeal is filed by the National Highways Authority of India (NHAI), challenging the judgment of a learned Single Judge, directing them to pay solatium and interest thereon, passed under the National Highways Act, 1956 (hereinafter referred to as 'Act', for short).

(2.) The compensation fixed by the 3rd respondent was challenged before the 4th respondent/arbitrator by the claimants, and awards were passed by the arbitrator. The awards of the arbitrator were challenged before the District Court under Sec. 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'Act, 1996' for short), read with Sec. 3G(6) of the Act, by the claimants, and the same were modified by the District Court. It is challenging one of the orders of the District Court that the appellant approached this Court by filing Arbitration Appeal No.6 of 2024 under Sec. 37 of the Act, 1996. In the meantime, the claimants approached this Court seeking direction to the appellant to pay the solatium and interest thereon, which resulted in the impugned judgment. It is fairly admitted that a stay has been granted in the Arbitration Appeal by this Court.

(3.) The learned counsel for the NHAI submits that, in the light of the National Highways (Manner of Depositing the Amount by the Central Government; Making Requisite Funds Available to the Competent Authority for Acquisition of Land) Rules, 2019 (hereinafter referred to as 'the Rules', for short), they are not bound to deposit the amount in view of the challenge they already made before this Court. It is appropriate to refer the relevant provisions of the law in this regard.