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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARKESH MANUJA
Gurdip Singh – Appellant
Versus
Union of India – Respondent
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. Aggrie
The court ruled that claims of discrimination in land acquisition compensation must be supported by substantial evidence, and that statutory remedies must be exhausted before seeking judicial relief.
Narrow scope under Sections 34/37 of Arbitration Act limits interference with NHAI arbitral awards to patent illegality, not re-appreciating evidence or enhancing compensation.
Narrow scope of judicial interference under Sections 34/37 Arbitration Act in NHAI land awards; cannot re-appraise evidence or enhance compensation without perversity.
Narrow scope of judicial interference under S.34/37 Arbitration Act; courts cannot re-appreciate evidence or modify land compensation awards under NH Act.
Narrow scope of judicial interference under Sections 34/37 Arbitration Act in NHAI land awards; no re-appreciation of evidence or modification.
In highway acquisitions under NH Act, small sale deeds usable for large tracts with deduction (no development charges needed); adjacent similar lands comparable; no 12% interest under LAA 23(1-A) per....
Narrow scope of judicial interference under Sections 34/37 Arbitration Act in NH Act awards; no re-appreciation of evidence or modification of compensation.
When landowners are identically situated under the same acquisition notification, denying them parity in compensation constitutes hostile discrimination. In such cases, courts may exercise writ juris....
Landowners whose properties are acquired under the same notification for the same public purpose are entitled to parity in compensation. Denying such parity is arbitrary and violates the constitution....
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