JUDGMENT :

Ravindra Maithani, J.

This is an appeal against the judgment and order dated 15.05.2008 passed in Civil Misc. Case No. 15 of 2007, Chairman and Managing Director, THDC and another v. Mahmood Hassan, by the court of District Judge, Tehri Garhwal at New Tehri (“the case”). By the impugned judgment and order, an application filed under Section 34 of the Arbitration and Conciliation Act, 1996 (for short, “the Act”) for setting aside an arbitral award dated 07.04.2007 given by the sole Arbitrator has been rejected and the arbitral award upheld.

2. The facts necessary to resolve the controversy, briefly stated are as follows. The Tehri Hydro Development Corporation (“THDC” – hereinafter referred to as “the appellant”) is a joint venture of Government of India and the State of Uttar Pradesh, formed to execute the mega project of construction of Tehri Dam. As a result of construction of the Dam, huge area was to be submerged. The affected persons were to be rehabilitated. The task of rehabilitation was to be carried out by the appellant. In order to construct 110 EWS category h