GADADHAR PAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Mr. Bose, learned advocate appears on behalf of appellant in this arbitration appeal. He submits, his client has impugned judgment dtd. 7/3/2018 made under sec. 34 of Arbitration and Conciliation Act, 1996, whereby challenge to award dtd. 12/12/2008 was rejected. He submits, the award contains patent illegality inasmuch as there was no basis or fixation of compensation on the land acquired for construction of National Highway 60.

(2.) He straightaway refers to the award and demonstrates therefrom, his client had produced three sale deeds, one dtd. 15/9/2001 executed prior to notification under sec. 3-A in National Highways Act, 1956. The other two deeds were executed after the notification and he does not press reliance on them. He submits, said sale deed was for 0.04 and 1/2 decimals of land sold at Rs.8,04,705.00 per acre but compensation, upheld by the award and in appeal was at Rs.1,25,000.00 per acre. He reiterates, there is no basis for fixing such a low value, when his client had produced a relevant sale deed but the evidence was disregarded on purported contention that it related to a small area of land.

(3.) Mr. Satpathy, learned advocate, Central Government Counsel appears on behalf of Union of India and submits, State is to answer. He then submits, instructions were sought for but instructions have not been had. He prays for adjournment to file objection. The prayer for adjournment has come after petitioner has been heard on the appeal, being of year 2019 and moved as on 18/1/2019. The prayer is rejected.