Kalyan Rai Surana, J.

Heard Mr. C. Baruah, learned Standing Counsel for the National Highway Authority of India, the appellant herein. Also heard Mr. J. Roy, learned counsel for the respondent No.1, Mr. C.K.S. Baruah learned Government Advocate for the respondents No.2, 5 and 6 as well as Mrs. V.L. Singh, learned counsel for the respondents No. 3 and 4.

2. This appeal under section 37 of the Arbitration and Conciliation Act is directed against the judgment and order dated 21.01.2012 passed by the learned District Judge, Morigaon in Misc. (Arbitration) Case No.7/2010, thereby declining to interfere with the arbitral award dated 13.11.2009 passed by the learned Arbitrator in Case No.174/2009.

3. The brief facts of this case is that for the purpose of development of 4 lane National Highway from Silchar to Srirampur as a part of linking East West Corridor, a portion of the land of the respondent was acquired by invoking the Right of way under the National Highways Act, 1956.

4. Pursuant to a notification under section 3 of National Highways Act, 1956 on 13.04.2005, no objection was received from any of the land owners affected by the said notification. Accordingly, by a notificat