NARENDER SINGH Vs. NATIONAL HIGHWAYS AUTHORITY OF INDIA

JUDGEMENT

(1.) The present appeal is maintained by the appellants/respondents (hereinafter referred to as "the respondents"), against the judgment dtd. 4/12/2021, passed by the learned District Judge, Mandi, District Mandi, H.P. in Arbitration Petition No. 49 of 2018, whereby, award dtd. 28/11/2017, passed by the learned Arbitrator-cumDivisional Commissioner, Mandi, was set aside.

(2.) Succinctly, the facts giving rise to the present appeal are that Central Government issued a notification dtd. 21/4/2012 for acquisition of the land comprised in revenue estate, Chamukha, Hadbast No. 41, Tehsil Sundernagar, District Mandi, H.P. qua four laning of National Highway 21 on the stretch of land from Kms. 126.500 to Kms. 188.917 (Bilaspur-Ner Chowk Sec. ). The aforesaid notification under Sec. 3(A) (1) of the National Highways Act, 1956 (for short "Act") was published in the official Gazette on 21/4/2012, in Tribune and Amar Ujala on 22/5/2012 and in Times of India and Divya Himachal on 17/9/2012. The publication was made in the locality and entries No. 50, dtd. 9/10/2012 and 408, dtd. 7/6/2012 were made in Patwar Halqua Churad. The notification under Sub Sec. 1 of Sec. 3D of the Act was published in the official Gazette on 1/4/2013, the Tribune and Dainik Bhaskar on 14/1/2013, Punjab Kesari and Hindustan Times on 14/1/2013. It was published in the locality and entries No. 243, dtd. 2/3/2013, 190, dtd. 1/2/2013 and 358, dtd. 31/5/2013 were made in the Patwar Halqua Churad. The notification under Sub Sec. 3 of Sec. 3 G of the Act was published in the Tribune on 14/1/2013, Dainik Jagran on 22/2/2013. The competent authority assessed the market value of the acquired land as Rs.50,000.00 per bigha for all kinds of lands irrespective of their classification and nature.

(3.) Feeling aggrieved and dissatisfied with the impugned award passed by the competent authority, a reference was made under Sec. 3G(5) of the Act for enhancement of compensation. The learned Arbitrator vide common award dtd. 28/11/2017, allowed the petitions filed by the petitioners by holding that the claimants shall be entitled for solatium at the rate of 30% on the entire compensation amount of the acquired property including structures/buildings wherever applicable and 9% interest on the enhanced compensation amount from the date of taking possession of land and structures, till actual deposit. The claimants were also held entitled for the compensation of trees as per assessment, if any, made by the expert who is technically qualified for the purpose.