Romesh Verma, Judge (oral)

The present appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (for brevity, “Act of 1996”) arises out of the judgment dated 4.9.2023, as passed by the learned District Judge, Bilaspur, H.P. in Arbitration Petition No. 56/2018, whereby application filed by the appellant/National Highway Authority of India, under Section 34 of the Act of 1996 was dismissed and the award as passed by the Arbitrator was upheld.

Brief facts of the case are that the land of the respondent was acquired by the appellant in Mohal Rohin/473, Tehsil Ghumarwin District Bilaspur for the expansion of National Highway No.21 (four-laning). Notification under Section 3A of the Act of 1956 was published in the official gazette on 21.4.2012 for acquiring the land of the land owners for the aforesaid purpose. Notification under Section 3D(1) of the Act of 1956 was issued by the appellant on 15.12.2012. Notification under Section 3G(3) of the Act of 1956 inviting claims from the interested persons was published in the newspaper on 14.01.2013. The competent authority passed an award on 28.06.2013, whereby market value of the land in question was assessed at Rs.10,00,000/- p