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2024 Supreme(All) 710

SHEKHAR B. SARAF
National Highways Authority Of India – Appellant
Versus
Musafir – Respondent


JUDGMENT :

1. Heard Sri Divakar Rai Sharma, counsel appearing on behalf of the appellant and Sri Ashish Kumar Singh, counsel appearing on behalf of the respondent Nos.1, 2, 3, 15, 16, 28, 32, 34 and 38 and Sri Dharamveer Singh, counsel appearing on behalf of the respondent No.53.

2. This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Arbitration Act”) arises out of an order passed by the District Judge, Mau dated November 5, 2020.

3. The facts of the case are briefly provided below:

    i. A notification under Section 3A(1) of the National Highways Act, 1956 (hereinafter referred to as “the Act”) was issued on January 23, 2015 for acquiring the land for the purposes of widening of the road NH-29 (now NH-24) between Varanasi – Gorakhpur.

ii. The aforesaid notification was published in two daily newspapers on March 6, 2015 seeking objection from the persons interested in the land within a period of 21 days under Section 3C(1) of the Act. Thereafter, the Competent Authority passed an award on August 17, 2016.

iii. Being aggrieved by the award, the opposite parties filed their objections under Section 3G(5) of the Act before the Arbitrator.

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