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2024 Supreme(All) 864

SHEKHAR B. SARAF
Bharatiya Rashtriya Rajmarg Pradhikaran – Appellant
Versus
Neeraj Sharma – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri Pranjal Mehrotra, Advocate
For the Respondents:Ms. Shalini Goel, Advocate

JUDGMENT :

HON’BLE SHEKHAR B. SARAF, J.

1. The instant application has been filed under Section 37 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the ‘Arbitration Act’) against the judgment and order dated November 16, 2019 passed by the District Judge, Mathura rejecting the application filed by Bharatiya Rashtriya Rajmarg Pradhikaran (hereinafter referred to as the ‘Appellant’) under Section 34 of the Arbitration Act.

FACTS

2. I have laid down the factual matrix of the instant lis below:

    (a) A notification was issued under Section 3A of the National Highways Act, 1956 (hereinafter referred to as the ‘NHAI Act’) on December 4, 2009 followed by a declaration dated June 25, 2010 under Section 3D of the NHAI Act in respect of the land in question. Thereafter, the Competent Authority declared the award determining the amount of compensation in respect of the land in question under Section 3G of the NHAI Act.

(b) Against the award of the Competent Authority, the Respondents filed a petition under Section 3G(5) of the NHAI Act before the Arbitrator (Additional Commissioner (Administration), Agra Division, Agra). The Arbitrator published an award on July 28, 2016 and re

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