ORAL JUDGMENT

Date : 04-01-2023 These two miscellaneous appeals are raising a common question of law, hence, on the request of learned counsel for the parties, both the appeals have been taken up for consideration together and are being disposed of by this common judgment.

M.A. No. 1010 of 2018

2. This miscellaneous appeal has been preferred for setting aside the order dated 16.08.2018 passed by learned Additional District and Sessions Judge-VIII, Patna in Miscellaneous Case No. 98 of 2016 whereby and whereunder the application filed on behalf of the claimant-respondent no. 7 under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the “Act of 1996”) has been allowed by setting aside the arbitral award dated 15.10.2016 passed by the Additional Collector in exercise of his power under Sub- Section (5) of Section 3-G of the National Highways Act, 1956 (hereinafter referred to as the “Act of 1956”). By the impugned order, after setting aside the arbitral award, the learned court has been pleased to direct the appellant herein to pay compensation of the land in question considering the nature of the land as residential. 3. This arbitral award pertained t