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2022 Supreme(Bom) 2676

ROHIT B. DEO
Secretary To The Govt. – Appellant
Versus
Additional Commissioner – Respondent


Advocates appeared:
Ajay Ghare, Advocate, A.A. Kathane, Advocate, N.R. Rode, Advocate, Anand Jaiswal, Advocate, Y.R. Kinkhede, Advocate, H.R. Gadia, Advocate

JUDGMENT/ORDER

1. These appeals emanate from the judgment dtd. 5/4/2019, rendered by the Principal District Judge, Nagpur ("PDJ") in Civil Miscellaneous Application 688/2015, whereby the application preferred by the Government of India ("GOI") and the National Highways Authority of India ("NHAI"), under sec. 34 of the Arbitration and Conciliation Act, 1996 ("Act of 1996"), assailing the Award dtd. 20/5/2015, rendered by the Arbitrator in Arbitration Case 38/2011-12, is rejected, and further and additional relief is granted to the claimant Mr. Sarjuprasad Sangamalal Gupta ("Claimant") by modifying the Award.

2. The operative part of the judgment dtd. 5/4/2019 in Civil Miscellaneous Application 688/2015, reads thus:

<WXY>[1] The application is rejected with no order as to costs.

[2] The award is thus not set aside as prayed for by the applicants, but it is modified as under:

[i] The applicants are directed to pay the nonapplicant No. 3 the amount granted to him by the Arbitrator's award and in addition to it, 30% of the amount of the award as solatium as per the Sec. 23(2) of the Land Acquisition Act after deducting the 10% of the amount granted for the loss of easements right as per Sec

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