NATIONAL HIGHWAY AUTHORITY OF INDIA Vs. BALKAR SINGH

JUDGEMENT

(1.) The National Highway Authority of India (hereinafter, 'NHAI') feeling aggrieved against the dismissal of its application on 21/5/2022 under Sec. 34 of the Arbitration & Conciliation Act, 1996 (hereinafter, ' the Act') by the learned District Judge, Udham Singh Nagar has taken recourse by way of the present appeal under Sec. 37 of the Act.

(2.) Facts giving rise to the present appeal are:-

(3.) Learned counsel for the appellant vehemently contended that the arbitral award impugned herein suffers from patent illegality and manifest error on the face of the record. It is argued that, while determining the compensation, the learned Arbitrator failed to adhere to the mandatory provisions contained under Ss. 26 to 30 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "the Act of 2013"). In particular, it is submitted that the Arbitrator did not take into consideration any exemplar sale deeds of comparable lands pertaining to the three years immediately preceding the issuance of the notification under Sec. 3A of the NH Act, as required by Sec. 26(1)(a) of the Act of 2013, for the purpose of determining the market value of the acquired land. Sec. 26 of Right to Fair Compensation and Transparency in Land Acquisition,