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2021 Supreme(Bom) 439

A.S.CHANDURKAR, G.A.SANAP
Rishabhkumar s/o Babulal Jejani – Appellant
Versus
Secretary to the Government of India, Ministry of Road Transport and Highways – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri A.S. Jaiswal, Shri S.B. Walekar, Shri R.P. Joshi, Shri S.P. Bhandarkar, Advocate
For the Respondent:Shri A.M. Ghare, Advocate with Shri A.A. Kathane, Smt. S.S. Jachak, Assistant Government Pleader

JUDGMENT :

A.S. CHANDURKAR, J.

These arbitration appeals filed under Section 37 of the Arbitration and Conciliation Act, 1996 (for short, ‘the Act of 1996’) can be conveniently decided together since they relate to acquisition of lands by the National Highways Authority of India under the provisions of the National Highways Act, 1956 (for short, ‘the Act of 1956’). The appellants herein would be referred to as the ‘land owners’ while the acquiring body would be referred to as ‘the National Highways Authority’.

2. Various pieces of land situated at Mouza Gawsi Manapur, Mouza Parsodi and Mouza Jamtha were the subject matter of acquisition under the provisions of the Act of 1956. The notification under Section 3A of the Act of 1956 came to be issued on 21.06.2010. These lands were sought to be acquired for the purposes of widening, maintenance and operation of a portion of National Highway No.7. The Special Land Acquisition Officer (General), Nagpur was appointed as the ‘Competent Authority’ and he passed an award on 23.12.2011 awarding compensation for the acquired lands. The land owners not being satisfied with the quantum of compensation as awarded initiated proceedings under Section

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