VIJUAY RAJ SINGH Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) Heard Sri Atul Dayal, learned Senior Counsel assisted by Sri Vivek Saran, learned counsel for the petitioners.

(2.) Petitioners have preferred this petition under Article 227 of the Constitution of India challenging the order dtd. 31/7/2023 passed by the Additional District Judge/F.T.C. No. 2, Muzaffar Nagar rejecting the application No. 58Ga under Sec. 3(I)(b) of the National Highways Act, 1956 (hereinafter referred to as 'Act, 1956') read with Order XI, Rule 12 of C.P.C. and application 63Ka under Sec. 23(3) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'Act, 1996') in Arbitration Case No. 779 of 2011.

(3.) The facts in brief are that land of the petitioners being Khasra No. 82 admeasuring 250 square meters, village Husainpur, Bopada, Muzaffar Nagar was acquired by the National Highway Authority of India (hereinafter referred to as 'NHAI') for expansion of National Highway No. 58 by issuing a notification dtd. 28/11/2005 and 24/11/2006 under Sec. 3-A of the Act, 1956. The competent authority notified under the Act, 1956 prepared a draft award determining the rate of compensation at R 770/- per square meter to be paid to the land owners whose land had been acquired. The draft award was approved by the NHAI vide letter dtd. 27/2/2009. Thereafter, the competent authority passed a final award on 26/3/2009.