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2022 Supreme(Bom) 870

MANISH PITALE
National Highways Authority of India – Appellant
Versus
Additional Commissioner – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. A.A. Kathane
For the Respondent: Ms. T.H. Khan, Mr. C. S. Kaptan, Mr. A. V. Khare

JUDGMENT :

1. Heard. Admit. Heard finally with the consent of the learned counsel for the rival parties.

2. By this appeal, National Highways Authority of India and the Government of India, through the Ministry of Road Transport and Highways(appellants) have challenged judgment and order dated 21/12/2020, passed by the Court of Principal District Judge, Nagpur (PDJ) in arbitration application filed by the appellants under Section 34 of the Arbitration and Conciliation Act, 1996 (Act of 1996). By the said judgment and order, the PDJ has partly allowed the application and set aside Award passed by the Arbitrator, only to the extent of granting additional 10% amount on total compensation to the contesting respondent Nos.3 to 8 for loss of easementary rights, as per Section 3-G(2) of the National Highways Act, 1956 (Act of 1956).

3. The appellants undertook the process of acquisition of lands of respondent Nos.3 to 8 through the respondent No.2 - Land Acquisition Collector and Competent Authority, under the provisions of the Act of 1956, pertaining to the land located in village Ketapar, Tah. Kalmeshwar, Dist. Nagpur. The said land was acquired for Saoner- Dhapewada-Kalmeshwar-Gondkhairi

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