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2021 Supreme(All) 278

SARAL SRIVASTAVA
Bhartiya Rashtriya Rajmarg Pradhikaran – Appellant
Versus
Manju Dixit – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Pranjal Mehrotra

JUDGMENT :

1. Heard Sri Pranjal Mehrotra, learned counsel for the appellant.

2. The appellant, Bhartiya Rashtriya Rajmarg Pradhikaran has preferred the present appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'Act, 1996') praying for setting aside the order dated 06.08.2020 passed by the District Judge, Shahjahanpur in Arbitration Case No.16 of 2016 under Section 34 of the 'Act, 1996'.

3. The brief facts of the case are that the appellant in the exercise of power under Section 3-A (1) of the National Highway Act, 1956 (hereinafter referred to as) issued notification dated 16.11.2009 with respect to the lands situated in the number of villages for the widening of NH-24 to four-lanes. By the said notification, Gata No.193 area 0.1260 hectare (hereinafter referred to as 'land in question') situated in village Maujampur, Tehsil Sadar, district Shahjahanpur owned by respondent no.1 was also acquired.

4. The declaration under Section 3-D of the 'Act, 1956' in respect of the land in question was issued on 08.10.2010. The competent authority while disposing of the objection of respondent held that since land in question is recorded as agricultur

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