NATIONAL HIGHWAY AUTHORITY OF INDIA Vs. JAGPAL SINGH

JUDGEMENT

(1.) Heard Sri Shiv Kumar Singh, learned counsel for the petitioners, Sri Devansh Misra, learned counsel for the respondent Nos. 1 and 2 and learned Standing Counsel for the respondent No. 3.

(2.) Brief facts of the case are that land of respondent Nos. 1 and 2 has been acquired for widening of National Highway No. 2 at Maneyamau, Tehsil- Etawah, District-Etawah and in light of Sec. 3G(2) of the National Highways Act, 1956(hereinafter, referred to as, 'Act, 1956'), amount of compensation has been determined. Sec. 3G(5) of the Act, 1956 also provides that if either of the parties are not satisfied with the determination of the amount, on an application by either of the parties the amount shall be determined by the arbitrator to be appointed by the Central Government. In the present case, Additional District Magistrate, Etawah vide order dtd. 23/12/2016 has fixed the amount of compensation. Against that, petitioners filed arbitration application under Sec. 3G(5) of the Act, 1956 before the Additional Commissioner, Administration, Kanpur Division, Kanpur, who is the competent authority appointed by the Central Government. Ultimately, the final award was passed vide order dtd. 5/8/2019. Petitioners also filed restoration application along with delay condonation application dated 17. 10.2019 against the order dtd. 5/8/2019 and the same was rejected vide order dtd. 6/1/2022. Against the said award, petitioners have preferred Civil Misc. Case No. 64 of 2022 under Sec. 34(3) of Arbitration and Conciliation Act, 1996(hereinafter, referred to as, 'Act, 1996'), which was also rejected vide order dtd. 18/7/2023 by the Additional District Judge(POCSO Act), Etawah. Against the order dtd. 18/7/2023, petitioners preferred Appeal Under Sec. 37 of Arbitration and Conciliation Act 1996 Defective No. 652 of 2023, delay was condoned vide order dtd. 21/3/2024 and direction was issued to allot regular number to Appeal. It is undisputed between the parties that till date, no stay or interim order has been passed upon the aforesaid appeal filed by the petitioner.

(3.) Now, respondent Nos. 1 and 2 have preferred execution of award before the District Judge, Etawah, which was transferred to Additional District Judge, Etawah and numbered as Execution Case No. 46 of 2023. In the said case, petitioner has filed objection, numbered as 17Ga raising the issue of jurisdiction of the court, which was objected by the respondent Nos. 2 and 3 by filing rebuttal numbered as Paper No. 18Ga. The objection of petitioners has been rejected vide order dtd. 5/8/2024. Hence present petition.