JUDGMENT :

AJAY RASTOGI, J.

1. The moot question which arises before us is whether the application under Section 11 of the Arbitration and Conciliation Act, 1996(hereinafter being referred to as "Act 1996") is maintainable in view of Section 3G(5) of the National Highways Act, 1956 (hereinafter being referred to as "Act 1956") which provides for appointment of an Arbitrator by the Central Government.

2. The relevant seminal facts are that the subject land comprised in "Sayedabad Tea Estate" situated at Mouza Purba Madati, J.L. No. 108, Police Station Phansidewa, Dist. Darjeeling measuring 5.08 acres was acquired by the appellant (National Highways Authority of India) in exercise of its powers under Section 3(D) of the Act 1956 vide notification dated 22nd November, 2005 under L.A.P. Case No. 4/2004-05 for the purpose of construction of the highways.

3. The Act, 1956 is a comprehensive code in itself and a special legislation enacted by the Parliament for acquisition and for determining compensation and its disbursement where there are several claimants over the amount deposited towards compensation determined by the competent authority in accordance with the mechanism provided under Se