JUDGMENT :

HARKESH MANUJA, J.

1. By way of present writ petition, challenge has been laid to an award dated 19.11.2025 (Annexure P-12) passed by learned Arbitrator-cum-Commissioner, Jalandhar Division, Jalandhar- respondent No.4, whereby, the claim of the petitioner for enhancement of market value against his acquired land has been dismissed on the ground that khasra number mentioned in the arbitration petition was incorrectly mentioned.

2. Briefly stating, 2 kanals & 9 marlas of land forming part of khasra No.31//18 situated in the revenue estate of Village Khanpur, Tehsil Mukerian, District Hoshiarpur, owned by the petitioner came to be acquired vide notifications dated 24.12.2004 and 11.07.2005 issued under Sections 3-A and 3-D respectively of the National Highways Act, 1956 (for short, “1956 Act”). Award by respondent No.3 was passed on 14.12.2007, whereby, the market value was assessed @ Rs.6875/- per marla.

3. Being aggrieved, the petitioner-landowner invoked Section 3G (5) of the 1956 Act by filing an arbitration petition before respondent No.4, which was disposed of vide decision dated 05.04.2010 (Annexure P-2), while reassessing the market value @ Rs.31,250/- per marla. Aggrieved thereof, respondent No.2 invoked Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “1996 Act”), which was allowed by the learned Additional District Judge, Jalandhar vide its decision dated 30.07.2011 (Annexure P-3) with the following observations:-

“4. The impugned award would show that the Arbitrator overlooked Clauses (b), (c) and (d) of Section 3 (G) (7) of the Act altogether and hardly any sustainable reason has been spelt out for arriving at the figure of market value of the land at the time of publication of notice of acquisition. The Arbitrator is required to record evidence in whatever manner he likes the evidence of the parties and then to appreciate and appraise the same for passing the award in any way but with reasons. In view of the above, the award dated 05.04.2010 is set aside and the matter is remanded back to the Arbitrator to decide the matter afresh after taking into consideration all the aspects as stipulated by Section 3-G (7) (a) to (d) of the Act, as the both parties are aggrieved from the award. The Arbitrator shall expedite the matter as early as possible, as public and national interest is involved i.e. construction of National Highway. The parties are directed to appear before the Arbitrator on 16.08.2011.

File be consigned to the record room.”

4. The aforesaid decision dated 30.07.2011 was challenged at the instance of petitioner-landowner having preferred FAO-2749-2017, titled as “Gurdeep Singh vs Union of India and others”, which was disposed of vide decision dated 04.05.2023 (Annexure P- 4) without interfering with the decision dated 30.07.2011. Thereafter, the learned Arbitrator vide its award dated 19.11.2025 (Annexure P- 12) dismissed the arbitration application preferred at the instance of petitioner. Relevant para 11 thereof is extracted hereunder:-

“11. After hearing the detailed arguments of both the parties and perusing the record, it has been noted that the land in village Khanpur was acquired vide notification for acquisition of land U/s 3(A) of National Highway Act issued on 24.12.2004. The applicant has in his claim petition dated 01.08.2008 and application dated 04.08.2023 that he is owner of land falling in Khasra No. 33//18 (6-4), whereas, the counsel for the respondents No.1 and 2 has stated that the land measuring 2 Kanals 9 Marlas comprised in Khasra no.31//18 (2-9) situated at Village Khanpur Tehsil Mukerian, District Hoshiarpur has been acquired vide Notification under Section 3A bearing S.O. No. 1422 (E) dated 24.12.2004. The counsel further stated that the land measuring 2 Kanals 9 Marlas comprised in Khasra no 33//18 as alleged by the applicant in the petition has never been acquired by the respondents. The onus was upon applicant to prove that land comprising k