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2024 Supreme(Online)(MP) 4484

HIGH COURT OF MADHYA PRADESH
Manav Bhanot – Appellant
Versus
National Highway Authority Of India – Respondent


ORDER

Appellant has filed this appeal under Section 37 of Arbitration and Conciliation Act, 1996 challenging order dated 20.12.2016 passed by Third Additional District Judge, Jabalpur in M.J.C.A.V. No.10/2016.

2. Brief facts of the case is that an award was passed on 11.07.2014 in favour of farmers and land owners which was acquired under National Highways Act, 1956. By said award, appellant was awarded compensation of Rs.49.17 lacs. Appellant being aggrieved by award in respect of compensation awarded for acquisition of his lands made a reference for arbitration under Section 3 G(5) of National Highways Act, 1956. Matter was referred before Commissioner Jabalpur. Commissioner Jabalpur in arbitration enhanced the award by Rs.49,40,760/- along with interest @ 9% from date of land acquisition award i.e. on 11.07.2014 till his realization. Commissioner passed its order on 13.01.2016. Appellant being aggrieved by order passed by Commissioner filed its objection under Section 34 of Arbitration and Conciliation Act, 1996. It was submitted before the Court that compensation ought to have been decided under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation



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