SECRETARY TO THE GOVT. Vs. ADDITIONAL COMMISSIONER

JUDGEMENT

(1.) These appeals emanate from the judgment dtd. 5/4/2019, rendered by the Principal District Judge, Nagpur ("PDJ") in Civil Miscellaneous Application 688/2015, whereby the application preferred by the Government of India ("GOI") and the National Highways Authority of India ("NHAI"), under sec. 34 of the Arbitration and Conciliation Act, 1996 ("Act of 1996"), assailing the Award dtd. 20/5/2015, rendered by the Arbitrator in Arbitration Case 38/2011-12, is rejected, and further and additional relief is granted to the claimant Mr. Sarjuprasad Sangamalal Gupta ("Claimant") by modifying the Award.

(2.) The operative part of the judgment dtd. 5/4/2019 in Civil Miscellaneous Application 688/2015, reads thus:

(3.) Arbitration Appeal 34/2019 is preferred by the GOI and the NHAI being aggrieved and dissatisfied with the judgment rendered by the learned PDJ in entirety while Arbitration Appeal 26/2019 is preferred by the claimant, who is dissatisfied with the judgment rendered by the learned PDJ to the limited extent the claimant is denied additional compensation @ 10% per annum and further to the extent the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, rehabilitation and Resettlement Act, 2013 ("Act of 2013") are not invoked.