AKHA RAM Vs. NATIONAL HIGHWAY AUTHORITY OF INDIA, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, GOVERNMENT OF INDIA

JUDGEMENT

(1.) The present appeals have been filed against the orders passed by the District Judge, Jalore whereby the applications/objections under Sec. 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act of 1996') as filed by the claimants-objectors have been rejected as being non-maintainable. The details of the appeals filed and the respective details of the impugned orders are as under:

(2.) For the present purpose of adjudication, the facts and dates of S.B. Civil Misc. Appeal No.1805/2023 preferred against the impugned order dtd. 19/8/2023 passed in Civil Misc. Case No.01/2023 (CIS No.01/2023) are taken into consideration.

(3.) The facts of the case are that Notification dtd. 20/8/2018, in terms of Sec. 3A of the National Highways Act, 1956 (hereinafter referred to as 'the Act of 1956') was issued for acquisition of land for the purposes of construction of National Highway No.754K of Amritsar-Kandla Project under Bharat Mala Project in Jalore District. Vide the said notification, the khatedari land of the claimants was proposed to be acquired. The objections qua the said acquisition were invited vide communication dtd. 7/9/2018 and the objections were even filed by the claimants on 18/9/2018. However, the said objections were rejected and the final declaration in terms of Sec. 3D of the Act of 1956 was made on 5/8/2019. The gazette publication of the said declaration was made on 6/8/2019.