NATIONAL HIGHWAY AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT Vs. UNION OF INDIA THROUGH ITS SECRETARY, MINISTRY OF

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner, National Highway Authority of India, learned Counsel for the Union of India and for the State of Bihar.

(2.) No one appears for respondent No. 3 despite service of notice upon him. The petitioner is aggrieved by the order dated 5.6.2008 passed by the District Judge, Rohtas at Sasaram in Civil Misc. (Arbitration) Case No. 27 of 2008, by which the application filed by the petitioner under Section 34 of the Arbitration and Conciliation Act, 1996 has been dismissed holding that in view of the provisions of the Control of National Highways (Land and Traffic) Act, 2002. the court has no jurisdiction to hear the objections against the award of Arbitrator/Authority.

(3.) THE facts involved in the present case fall within a narrow compass. The petitioner National Highway Authority of India (in short, NHAI) had acquired certain lands for the construction of Sasaram Bypass on the National Highway No. 2 in village kota, Anchal Sasaram, District Rohtas under the provisions of the National Highways Act, 1956 in the year 2001. Against the compensation determined by the competent authority under the said Act an Arbitrator was appointed by the Central Government, namely, Additional Collector, Rohtas (Sasaram) and by his arbitral award dated 9.8.2007 the rate of compensation of the land was enhanced from Rs. 1,83,333/ - per acre to Rs. 4,46,000/ - per acre.