UNION OF INDIA Vs. VARINDER KUMAR

JUDGEMENT

(1.) This is an application for preponing the hearing of the main case (FAO-1844-2019), which is listed for 13/5/2019. For the reasons mentioned in the application, the same is allowed and the main case is taken up for hearing today.

(2.) This is an appeal filed by the Union of India and Project Director, National Highway Authority of India, seeking to challenge the order dtd. 12/8/2016 passed by the Additional District Judge, Jalandhar dismissing the objection petition filed under Sec. 34 of Arbitration and Conciliation Act, 1996 to the award dtd. 20/6/2013 passed by the Arbitrator-cum-Commissioner, Jalandhar Division, Jalandhar has been passed.

(3.) In brief, the appellants herein sought to acquire land under Sec. 3 of the National Highway Act, 1956 for the purpose of widening the National Highway No.15. The competent authority came to assess the compensation @ Rs.20.00 lacs per acre. Aggrieved against the said compensation, claimants approached the Arbitrator for enhancement where, they were directed to bring on record the evidence in support of their plea. Sale deeds were brought on the record, which are reflected at Serial Nos.4 to 9 of para 3 of the award. On appreciation of the evidence, the Arbitrator enhanced the compensation to Rs.1,15,000.00 per marla for agricultural land, awarded 10% ease money, solatium @ 30% along with rate of interest on the enhanced amount as per provisions of Sec. 34 of the Land Acquisition Act, apart from allowing severance charges @ 1/3rd of the price paid for land. The appellant-NHAI challenged the said award before the Additional District Judge, Jalandhar under Sec. 34 of Arbitration and Conciliation Act, however, the same came to be dismissed by order dtd. 20/6/2013, which order is under challenge before this court.