NATIONAL HIGHWAY AUTHORITY OF INDIA Vs. RATNESH KUMAR

JUDGEMENT

(1.) This appeal has been filed by the appellant/ National Highway Authority of India under Section 37 of the Arbitration and Conciliation Act, 1996 (for short "AC Act") against the order dated 29.9.2014 passed by the First Additional District Judge, Narsinghpur in MJC No.49/2011, whereby the application filed by the appellant under Section 34 of the AC Act arising out of an order dated 15.4.2010 passed by the Commissioner/ Notified Arbitrator in Case No.63-A/82-09/10 has been dismissed and the orders of the Arbitrator as well as competent authority have been affirmed.

(2.) In brief the facts of the case are that the appellant is an authority constituted under the Government of India (Ministry of Road Transport and Highways) for development and reconstruction of National Highways for providing better transport services/facilities to the transporters and public at large. According to the appellant the Government decided to widen the four lane road from Jhansi to Lakhnadon at NH-26 in the State of Madhya Pradesh, which is a part of North-South Corridor for which a notification has also been issued under Section 3A of the National Highways Act, 1956 (for short "Highways Act, 1956") in the Official Gazette of India for acquisition of the land beside the adjacent roads of the said corridor and after inviting the objections a further notification has also been issued under Section 3 'D' of the Highways Act, 1956, which was also published in the Gazette of India. According to the appellant, for the fulfillment of aforesaid object, an area ad-measuring 2.83 hectare i.e. 2830 square meter in Khasra No.163/2 belonging to respondent-Ratnesh Kumar situated at Village Lolari District Narsinghpur was sought to be acquired and accordingly a land acquisition proceeding was initiated. In respect of the aforesaid land, an award to the tune of Rs.12,52,036/- was passed by the competent authority viz., the Joint Collector, Narsinghpur on 24.4.2008 in Case No.5/A-82/2006-07. However, being aggrieved of the aforesaid order of compensation passed by the competent authority the respondent herein preferred an appeal before the Arbitrator/Commissioner, Jabalpur Division, Jabalpur, who is also designated arbitrator under Section 3(g)(v) of the Highways Act, 1956 to decide the dispute and the Arbitrator, vide order dated 15.4.2010 has enhanced the compensation from Rs.12,52,036/- to Rs.26,60,405/-.

(3.) Being aggrieved of the aforesaid award dated 15.4.2010, the appellant/National Highway Authority preferred an appeal before the First Additional District Judge, Narsinghpur under Section 34 of the Act, 1996, which was registered as MJC No.49/2011. The aforesaid appeal was dismissed by the learned Judge of the appellate Court vide its order dated 29.9.2014, hence this appeal.