JUDGMENT :

Om Prakash Shukla, J.

(APPLICATION FOR CONDONATION OF DELAY)

INRODUCTION

(1) The above-captioned appeals under Section 37 of the Arbitration and Conciliation Act, 1996 have been filed by the appellant, National Highway Authority of India, beyond time by 290 days, 232 days, 318 days, 183 days, 269 days, 231 days, 184 days, 246 days, 178 days, 115 days, 231 days, 238 days, 238 days, 210 days, 289 days, 209 days, 213 days, 241 days, 271 days, 239 days and 257 days, respectively.

(2) Through the above-captioned appeals, the National Highway Authority of India (hereinafter referred to as ‘NHAI’), which is a statutory body constituted under the provisions of the National Highways Act, 1956 (hereinafter referred to as ‘Act, 1956’), has questioned the legality of the judgment and order passed by the learned Additional District & Sessions Judge, Barabanki on an application preferred by NHAI under Section 34 of the Arbitration and Conciliation Act, 1996 against the award dated 20.05.2015 relating to compensation granted for the construction of National Highway No. 28 from Kilometre 9 to Kilometre 360.57 (Lucknow to U.P Bihar Border) to the various land-owners including respondent.

(3) Since the above-captioned appeals arise out of the award dated 20.05.2015 relating to compensation granted for the construction of National Highway No. 28 from Kilometre 9 to Kilometre 360.57 (Lucknow, U.P. to Bihar Border) to the various land-owners, whose land were acquired by NHAI due to the aforesaid project, therefore, with the consent of the learned Counsel for the parties, all the appeals have been collectively heard together are being decided vide the present common order.

FACTUAL MATRIX

(4) The appellant-NHAI is a statutory body constituted under the provisions of “the National Highways Act, 1956” (hereinafter referred to as ‘Act, 1956’). The provisions contained in the Act, 1956 deals with the acquisition and determination of compensation for the land being acquired for the purpose of widening and construction of road in public interest and in access to public transport.

(5) For the purpose of construction of National Highway No. 28 from Kilometre 9 to Kilometre 360.57 (Lucknow, U.P. to Bihar Border), NHAI had issued a notification under Section 3A of the Act, 1956 on 26.05.2004, which was published in two daily newspapers, namely, Rashtriya Ekta Lahar and Dainik waris-E Awadh on 08.08.2004 and 07.08.2004, respectively.

(6) Apparently, after disposing of the objection under Section 3C of the Act, 1956, a notification under section 3(D)(1) of the Act, 1956 was issued on 24.03.2005. Thereafter, objections were invited with regard to determination of the said compensation in two daily newspapers i.e., “Dainik Hindustan” and “Dainik Jagran” on 21.04.2005.

(7) Vide award dated 07.12.2005, the Prescribed Authority proceeded to determine the compensation as per Section 3(g)(7) of the Act, 1956. Records reveal that the Prescribed Authority (Special Land Acquisition Officer, Barabanki) has called upon the sale deeds from the Office of the Sub-Registrar, Nawabganj, Barabanki of preceding three years from the date of notification issued under Section 3A of the Act, 1956. The Prescribed Authority, thereafter, has noted that prior to the date of notification i.e., three years, total numbers of sale deeds were 28 in numbers, which was certified by the Acquisition Amin. Spot inspection was also conducted and in terms of the spot inspection, sale deed nos. 5, 6, 7, 10, 15, 16, 19, 21, 25, 26 and 27 were found to be far away from the acquired area, and as such, it was found to be not an example for determining the compensation. Further, sale value of the sale deed nos. 1, 2, 3, 4, 9, 11, 12, 13, 17, 18, 22, 23 and 28 were very less and as such, it was also not treated as representative sale deeds for determination of the compensation. Sale Deed No. 20 was found to be more than market value and sale deed nos. 8 and 24 include the case, and as such it cannot be the