IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 1675 of 2022 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2018 In R/FIRST APPEAL NO. 1675 of 2022 FOR APPROVAL AND SIGNATURE:

HONOURABLE MS. JUSTICE SONIA GOKANI and HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK ================================================================

1 Whether Reporters of Local Papers may be allowed No

1	Whether Reporters of Local Papers may be allowed to see the judgment ?	No
2	To be referred to the Reporter or not ?	No
3	Whether their Lordships wish to see the fair copy of the judgment ?	No
4	Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ?	No

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WESTERN DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIA LTD Versus ORIGINAL CLAIMANTS & 3 other(s)

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Appearance:

MS ARCHANA U AMIN(2462) for the Appellant(s) No. 1 for the Defendant(s) No. 1.1.1,1.1.2,1.1.3,1.1.4 DECEASED LITIGANT for the Defendant(s) No. 1.1 MR RITURAJ M MEENA(3224) for the Defendant(s) No. 1.6 MR SAURABH G AMIN(2168) for the Defendant(s) No. 1.3,1.4,1.5 NIYATI D CHAUHAN(9082) for the Defendant(s) No. 1.6 ================================================================

CORAM:HONOURABLE MS. JUSTICE SONIA GOKANI and HONOURABLE MR. JUSTICE HEMANT M.

PRACHCHHAK Date : 05/07/2022

ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK)

1. The present appeal is filed by the appellant seeking the following prayers.

(a) admit this appeal;

(b) allow this appeal by quashing and setting aside the interim award dated 16/5/2016 passed by the respondent no.4 herein above as well as order dated 18/3/2017 passed in Misc. Civil Application No.139 of 2016 and order dated 30/11/2017 passed in Civil Review Application No.17/2017 by the ld. 2^nd Addl. District Judge, Anand;

(c) grant such other and further relief as may deem fit and proper in the interest of justice.

2. It is pertinent to note that the issue involved in the present appeal is no more res-integra as the same was decided by this Court (Coram: Hon’ble Mr.Justice Akil Kureshi and Hon’ble Mr.Justice B. N. Karia) vide order dated 02.07.2018 passed in First Appeal No.1977 of 2018 to First Appeal No.1989 of 2018, First Appeal No.1991 of 2018, First Appeal No.1993 of 2018 and First Appeal No.1996 of 2018 to First Appeal No.2000 of 2018.

3. The brief facts giving rise to the present case are as under: 3.1 The respondent no.1 i.e. owner/s of the land approached

NEUTRAL CITATION

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determination of the amount of compensation in the year 2012. The arbitration proceedings were conducted for a period of four years and on filing of an interim application, respondent no.4 passed an interim award on 16.05.2016 enhancing interim additional amount of compensation at Rs.325/- per square meter without determining the value of the land along with 60% of solatium and interest at 15% from the date of award till payment.

3.2 That the appellant had challenged the award dated 16.05.2016 before the District Court, Anand by way of filing application under Section 34 of the Arbitration and Conciliation Act, 1996 being Misc. Civil Application No.139 of 2016, whereby the learned 2^nd Additional District Judge, Anand, without adjudicating upon the issue raised in the application on merits, directed respondent no.4 to pass final award as early as possible vide order dated 18.03.2017.

3.3 The appellant had filed review application being Misc. Civil Application No.17 of 2017 under Order 47 Rule 1 of the Civil Procedure Code seeking review of the order dated 18.03.2017

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learned 2^nd Additional District Judge, Anand, without appreciating the errors pointed out in the review application, dismissed the same vide order dated 30.11.2017 observing that by filing review application, the appellant is seeking rehea

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