NATIONAL HIGHWAYS AUTHORITY OF INDIA Vs. ASHISH PANWAR

JUDGEMENT

(1.) By means of present appeal from order, the appellant seeks to set aside the award dated 02.07.2015 and the order dated 25.07.2016, passed by learned District Judge, Haridwar, rejecting the challenge to award under section 34 of the Arbitration and Conciliation Act, 1996.

(2.) A piece of land was acquired by the appellant for construction of National Highway no. 58. As per the provisions of National Highways Act, 1956, in case of dispute between the parties regarding award, the same shall be referred to Arbitrator, who is District Magistrate and whose decision shall be binding on the parties. Accordingly, the matter was taken by respondents to Arbitrator, who, vide award dated 007.2015, inter alia, enhanced the amount of compensation, which was challenged under section 34 of the Arbitration and Conciliation Act, 1996 (here-in-after referred to as 'the Act') before District Judge, Haridwar. Application paper no. 4-Ka under Sec. 34 of the Act was dismissed by learned District Judge, Haridwar, on the ground that the same is time barred. Aggrieved against the same, present appeal from order (A.O.) has been filed by the appellant.

(3.) Learned counsel for the appellant submitted that the copy of the award was not supplied to the appellant. According to learned counsel, the same ought to have been served upon the appellant as per Sec. 31(5) of the Act.