RAM LAL Vs. NATIONAL HIGHWAYS AUTHORITY OF INDIA

JUDGEMENT

(1.) All these Arbitration Appeals No. 2, 3, 4, 5, 6, 7, 8, 10, 12, 13, 14 and 15 of 2023 were heard and are being decided together as these arise from a common judgment passed by learned District Judge, Mandi. Additionally common questions of facts and law are also involved in all these appeals. The chronology and details of the matters included here are as under:- <FRM>JUDGEMENT_21_LAWS(HPH)6_2023_1.html</FRM>

(2.) The lands of appellants have been acquired in revenue estate Alsu, Tehsil Sundernagar, District Mandi, H.P., for building, four Laning etc., maintenance, management and operation of NH-21 (Bilaspur-Nerchowk Sec. ). Notification under Sec. 3A of the National Highways Act, 1956 (for short "NH Act") was issued on 21/4/2012. The competent authority assessed market value of the acquired land of appellants at Rs.31.00 lakhs per bigha irrespective of classification and nature of the land.

(3.) The appellants having remained dissatisfied with the compensation offered by the competent authority, approached the Arbitrator under Sec. 3G(5) of the NH Act individually. They claimed compensation @ of Rs. One Crore per bigha. Reliance was placed by them on an exemplar sale transaction Ex. Px. Appellants also challenged the potentiality assessed by the competent authority and claimed parity with the adjoining revenue estate Dehar, where competent authority had offered compensation @ Rs.35.00 lakh per bigha and on such basis, in alternative appellants claimed the compensation at the same rate as awarded for the land in revenue estate Dehar. Benefits in terms of judgment passed by Hon'ble Supreme Court in the case of Union of India vs. Tarsem Singh reported in (2019)9 SCC 304 were also sought.