Advocates:
['Y R KINKHEDE', 'ANISH ANAND KATHANE', '', 'ANKIT ANAND KATHANE', 'ROHINEE M ROHANKAR', 'FOR/R', 'GP']

1 / 27 CORRECTED-Arbitration Appeal Nos.28.2019 +3.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR

ARBITRATION APPEAL NO. 28 OF 2019

( Shri Sarjuprasad S/o Sangmlal Gupta vs. National Highways Authority of India & ors. )

ARBITRATION APPEAL NO. 35 OF 2019

( Secretary to the Govt. of India & anr. vs. The Additional Commissioner and others )

ARBITRATION APPEAL NO. 36 OF 2019

( Secretary to the Govt. of India & anr. vs. The Additional Commissioner and others )

ARBITRATION APPEAL NO. 11 OF 2020

( Murlidhar Suganchand Agrawal & anr. vs. National Highways Authority of India & ors. )

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Office notes, Office Memoranda of

Coram, appearances, Court'

s orders

Court'

s or Judge'

s Orders.

or directions and Registrar'

s orders.

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Arbitration Appeal No.28 of 2019 :

Mr. S. V. Manohar, Senior Advocate a/b. Mr.Y.R.Kinkhede,

Advocate for appellant.

Mr. A. A. Kathane, Advocate for respondent No.1.

Mr. A. R. Chutke for respondent Nos.3 & 4.

Arbitration Appeal No.35 of 2019 :

Mr. A. A. Kathane, Advocate for appellants.

Mr. A. R. Chutke for respondent Nos.1 and 2.

Mr. S. V. Manohar, Senior Advocate a/b. Mr.Y.R.Kinkhede,

Advocate for respondent No.3.

Arbitration Appeal No.36 of 2019 :

Mr. A. A. Kathane, Advocate for appellants.

Mr. A. R. Chutke for respondent Nos.1 and 2.

Mr. S. V. Manohar, Senior Advocate a/b. Mr.H.R.Gadhia,

Advocate for respondent Nos.3 & 4.

Arbitration Appeal No.11 of 2020 :

Mr. S. V. Manohar, Senior Advocate a/b. Mr.H.R.Gadhia,

Advocate for appellants.

Mr. A. A. Kathane, Advocate for respondent No.1.

Mr. A. R. Chutke for respondent Nos.3 & 4.

KOLHE

2 / 27 CORRECTED-Arbitration Appeal Nos.28.2019 +3.odt

CORAM

:

MANISH PITALE J.

DATE

: 26/08/2021

These are four appeals, two filed by the

acquiring body i.e. National Highways Authority of India

through Ministry of Shipping, Road Transport and

Highways, while the other two are appeals filed by the

land owners, in the context of acquisition of their lands

under provisions of the National Highways Act, 1956

(“Act of 1956”). These appeals filed under Section 37 of

the Arbitration and Conciliation Act, 1996 (“Arbitration

Act”) challenge judgments and orders passed by the

Court of District Judge, Nagpur, in applications filed

under Section 34 of the aforesaid Act.

(2)

Brief facts leading to filing of the present

appeals are that lands belonging to the land owners in

the present appeals located in village Kapsi (Khurd),

District Nagpur, were sought to be acquired by the

National Highway Authority of India (i.e. “acquiring

body”) under the provisions of the Act of 1956.

Notification dated 21/09/2009 was issued under Section

3-A of the Act of 1956, expressing the intention of

acquiring the lands of the land owners. On 13/10/2010,

a Notification was issued under Section 3-D of the said

Act of 1956, pertaining to declaration of acquisition. On

KOLHE

3 / 27 CORRECTED-Arbitration Appeal Nos.28.2019 +3.odt

08/12/2010, public notices were issued under Section 3-

G(3) and (4) of the said Act of 1956, to interested

persons. Thereafter, on 31/10/2012, the Land

Acquisition Officer and Competent Authority issued an

Award, determining the compensation payable to the

land owners.

(3)

The Land owners filed applications under

Section 3G-(5) of the Act of 1956, seeking enhancement

of compensation and determination of the same by the

Arbitrator. The Arbitrator granted enhancement of

compensation @Rs.3092/- per square meter to the land

owners for their respective lands and further directed

payment of additional amount of 10% of total

compensation for loss of easementary rights, as per

Section 3-G(2) of the Act of 1956.

(4)

The acquiring body preferred applications

under Section 34 of the Arbitration Act before the

District Court, Nagpur