IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR ARBITRATION APPEAL 34 OF 2019 WITH ARBITRATION APPEAL 26 OF 2019 ARBITRATION APPEAL 34 OF 2019

1. Secretary to the Government of India, Ministry of Shipping, Road Transport and Highways, New Delhi.

2. National Highways Authority of India Through its Project Director, Project Implementation Unit, Nagpur-I Having its Registered office at Bunglow No. 2, Shubhankar Apartment, Plot No. 159, Ambazari Hill Top, Ram Nagar, Nagpur 440 003 .APPELLANTS ...V E R S U S...

1. The Additional Commissioner, Nagpur and Arbitrator under the National Highway Act, 1956. Having office at Old Secretariat Building, Civil Lines, Nagpur – 440 001

2. The Sub-Divisional Officer, Land Acquisition Officer and Competent Authority : Sadak Arjuni, District Nagpur

3. Sarjuprasad s/o. Sangamlal Gupta, Aged Major, Occ. Business, R/o. 461, Chandan Nagar, Nagpur ...RESPONDENTS ARBITRATION APPEAL 26 OF 2019 Sarjuprasad s/o. Sangamlal Gupta, Aged about 60 yrs, Occ. Business, R/o. 461, Chandan Nagar, Nagpur .APPELLANT ...V E R S U S...

1. National Highways Authority of India Through, its Project Director, Project Implementation Unit, Pandhurna (M.P.) Having its registered office at Bunglow No. 2, Shubhankar Apartment, Plot No. 159, Shubhankar Apartment, Plot No. 159, Ambazari Hill Top, Ram Nagar, Nagpur 330 033.

2. Union of India, Ministry of Road, Transport and Highways, through its Secretary, having office at –

Parivahan bhavan, 1, Parliament Street, New Delhi – 110 001

3. The Sub Divisional Officer, Land Acquisition Officer and Competent Authority, District Nagpur.

4. The Additional Commissioner, Nagpur and Arbitrator under the National Highways Act, 1956, Having office at Old Secretariat Building, Civil Lines, Nagpur 440 001. ...RESPONDENTS ---------------------------------------------------------------------------------------- Mr. Ajay Ghare & Mr. A.A. Kathane, counsel for appellants in AA

34/2019.

Mr. N.R. Rode, AGP for respondents 1 & 2 in AA 34/2019.

Mr. Anand Jaiswal, senior counsel assisted by Mr. Y.R. Kinkhede & Mr. H.R. Gadia, for respondent 3 in AA 34/2019.

Mr. Anand Jaiswal, senior counsel assisted by Mr. Y.R. Kinkhede & Mr. H.R. Gadia, for appellant in AA 26/2019 Mr. Ajay Ghare & Mr. A.A. Kathane, counsel for respondent 1 in AA 26/2019 Mr. N.R. Rode, AGP for respondents 3 & 4 in AA 26/2019.

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CORA M: ROHIT B. DEO, J .

PRONOUNCED ON :12:08.2022 JUDGMENT:

These appeals emanate from the judgment dated

5.4.2019, rendered by the Principal District Judge, Nagpur (“PDJ”) in Civil Miscellaneous Application 688/2015, whereby the application preferred by the Government of India (“GOI”) and the National Highways Authority of India (“NHAI”), under section 34 of the Arbitration and Conciliation Act, 1996 (“Act of 1996”), assailing the Award dated 20.5.2015, rendered by the Arbitrator in Arbitration Case 38/2011-12, is rejected, and further and additional relief is granted to the claimant Mr. Sarjuprasad Sangamalal Gupta (“Claimant”) by modifying the Award.

2. The operative part of the judgment dated 5.4.2019 in Civil Miscellaneous Application 688/2015, reads thus:

[1] The application is rejected with no order as to costs.

[2] The award is thus not set aside as prayed for by the applicants, but it is modified as under:

[i] The applicants are directed to pay the non- applicant No. 3 the amount granted to him by the Arbitrator’s award and in addition to it, 30% of the amount of the award as solatium as per the Section 23(2) of the Land Acquisition Act after deducting the 10% of the amount granted for the loss of easements right as per Section 3-G of the Highways Act.

[ii] The applicants shall pay amount calculated at the rate of 12% on the amount of compensation (market value) of the property acquired from the date of notification to the date of order of the competent authority for acquisition of land for National Highway as per Section 23(1-A)