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2022 Supreme(Raj) 173

SUDESH BANSAL
National Highways Authority of India – Appellant
Versus
Satish Agarwal S/o Mahaveer Prasad Agarwal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. R.K. Agarwal Sr. Adv. With Mr. Mamoon Khalid through V.C.

JUDGMENT :

1. By way of filing this appeal, appellant-National Highways Authority of India (for short 'NHAI') has invoked the appellate jurisdiction of High Court within scope of Section 37 of the Arbitration and Conciliation Act, 1996 (for short "Act of 1996"), assailing the dismissal of their objections under Section 34 of Act of 1996 by the Additional District Judge vide order dated 25.11.2017 and appellant is also assailing the arbitration award dated 03.12.2014 passed in case No.78/2011 by the District Collector, Jaipur who was sole nominated arbitrator by the Central Government under Section 3-G of the National Highways Act, 1956 (for short "Act of 1956") to determine the amount of compensation of land in question of respondent Nos.1 and 2, sought to be acquired under the Act of 1956.

2. The basic issue raised by the NHAI in present appeal is that the compensation of the acquired land admeasuring 2786 Sq.Mtrs. of respondent Nos.1 and 2, as assessed by the Arbitrator applying the commercial rate by treating the nature of land as of commercial, is not correct because land in question is recorded as agricultural land in the revenue record and was never converted for commercial use

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