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2023 Supreme(P&H) 359

AVNEESH JHINGAN
National Highways Authority of India – Appellant
Versus
Modan Singh – Respondent


Advocates appeared:
Mr. K.S. Kang, Advocate, Mr. D.K. Singal, Advocate, Mr. Sumit Gupta, Advocate, Mr. B.S. Toor, Advocate, Mr. Rahul Garg, Advocate and Mr. Vishavdeep Gupta, Advocate for Nhai. Mr. Puneet Bali, Senior Advocate with Mr. Vishal Aggarwal, Advocate, Mr. Karan Nehra, Advocate and Mr. Nitin Mehta, Advocate for the Land Owners.

JUDGMENT

Avneesh Jhingan, J. - The Union of India/National Highways Authority of India(NHAI) and the land owners are before this Court in appeals under Section 37 of Arbitration and Conciliation Act, 1996 (for short 'the 1996 Act').

2. The aforementioned appeals are being disposed of by a common order as these arise from one acquisition, involving similar facts and issues.

3. For convenience the facts are being considered from FAO- 756-2022 and cross appeal FAO-2065-2022.

4. The facts shorn off unnecessary details are that notification under Section 3-A of the National Highways Act, 1956 (for short, 'the 1956 Act') was notified on 25.5.2012, proposing to acquire lands of twenty five villages on National Highway No.64 from 50.700 Kms to 209.500 Kms (Patiala-Sangrur-Bathinda stretch). The notification under Section 3-D of the 1956 Act was issued on 3.5.2013. The Competent Authority for Land Acquisition (hereinafter referred to as 'CALA') on 15.1.2014 relying upon the prices fixed by Price Fixation Committee determined the compensation amount.

5. Aggrieved of the decision of CALA, the arbitration was initiated at the instance of land owners. The proceedings culminated in award dated 27.3.2

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