Yogendra Kumar Srivastava, J.

1. Heard Shri Akhtar Ali, learned counsel for the petitioners; Shri Pawan Kumar Mishra holding brief of Shri Pranjal Mehrotra for the respondent no. 2 and Shri Pradeep Kumar Tripahti, learned Standing Counsel for the respondents no. 3 & 4.

2. In proceedings for acquisition of land initiated under the National Highways Act, 1956 an award dated 22.6.2013 was made by the Additional District Magistrate (Land Acquisition), Ghaziabad/Competent Authority. Raising a grievance against amount determined by the competent authority, a reference was made at the behest of the petitioner for arbitration before the Arbitrator/District Magistrate, Ghaziabad registered as Arbitration Case No. 2352 of 2015, and vide order dated 28.3.2017 the learned Arbitrator passed an award enhancing the rate to Rs. 1335/- per square meter.

3. At this stage an application under Section 33(4) of the Arbitration and Conciliation Act, 1996 is said to have been filed by the petitioner for recalling the award dated 28.3.2017 passed by the Arbitrator/District Magistrate, Ghaziabad in Arbitration Case No. 2352/2015 and making a request for passing an additional arbitral award. The said application came to be rejected by the Arbitrator/District Magistrate, Ghaziabad vide order dated 24.9.2018, and thereafter the present petition has been filed. Learned counsel for the petitioner seeks to challenge the order dated 24.9.2018 passed by the Arbitrator/District Magistrate, Ghaziabad by asserting that the claim made by the petitioner for enhancement of compensation based upon the prevalent circle rate and the other developments in the area and also the legal provisions have not been considered by the Arbitrator/District Magistrate, Ghaziabad while deciding the application filed under Section 33(4) of the Act of 1996.

4. The learned Standing Counsel as well as the counsel appearing for the respondent no. 2 have supported the order passed by the Arbitrator/District Magistrate, Ghaziabad and have further submitted that in case the petitioner is aggrieved by the award he has an efficacious remedy available to him under Section 34 of the Arbitration and Conciliation Act, 1996.

5. In order to appreciate the rival contentions, the relevant statutory provisions may be referred to.

6. Under the National Highways Act, 1956 (Act No. 48 of 1956), the determination of the amount payable as compensation is to be made under sub-section (1) and sub-section (2) of Section 3G of the said Act, and in a case where the amount determined by the competent authority under sub-section (1) or sub-section (2) is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government. Further, in terms of sub-section (6) of Section 3G of the National Highways Act, 1956, the provisions of the Arbitration and Conciliation Act, 1996 are to apply to every arbitration under the National Highways Act, 1956. For ease of reference, Section 3G of Act No. 48 of 1956 is being reproduced below :

"3G. Determination of amount payable as compensation.-(1) Where any land is acquired under this Act, there shall be paid an amount which shall be determined by an order of the competent authority.

(2) Where the right of user or any right in the nature of an easement on, any land is acquired under this Act, there shall be paid an amount to the owner and any other person whose right of enjoyment in that land has been affected in any manner whatsoever by reason of such acquisition an amount calculated at ten per cent. of the amount determined under sub-section (1), for that land.

(3) Before proceeding to determine the amount under sub-section (1) or sub-section (2), the competent authority shall give a public notice published in two local newspapers, one of which will be in a vernacular language inviting claims from all persons interested in the land to be acquired.

(4) Such notice shall stat