Uttarakhand High Court
National Highways Authority Of India vs Special Land on 30 April, 2025
Author: Vivek Bharti Sharma
Bench: Vivek Bharti Sharma
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGES'S ORDERS
No
and Registrar's
order with
Signatures
30.04.2025 AO No. 130 of 2025
Hon'ble Vivek Bharti Sharma, J.
Mr. Vipul Sharma alongwith Mr. Rajesh Pandey,
learned counsel for the appellant.
2. Mr. Raunak Pant, learned counsel for the respondent
no.1.
3. Mr. V. D. Bisen, learned Standing Counsel for the
State/respondent no.2.
4. The present appeal is preferred to set-aside the
judgment dated 05.02.2025 passed by the learned District
Judge, Udham Singh Nagar in Miscellaneous Civil Case
(Arbitration) No.02 of 2015 titled 'Project Director,
National Highways Authority of India vs. Special Land
Acquisition Officer/Competent Authority, Udham Singh
Nagar and Another' and/or further order for additional
compensation for the loss of utility of remaining land,
incidental cost and damages under Section 3-G(7) of the
National Highways Act, 1956 and/or to reinstate the award
of the Arbitrator dated 24.04.2015, granting the circle rate
of `5,500/- per square meter for the acquired land of the
appellant.
5. Learned counsel for the appellant would submit that
vide order dated 11.07.2014, the S.L.A.O. fixed the rate of
the land in question to be acquired `900/- per square meter
and when it was challenged and placed before the
Arbitrator/Collector, Udham Singh Nagar then by the order
dated 24.04.2015, the Arbitrator enhanced the rate of the
land in question to be acquired @ `Rs.5500/- per square
meter; that, the National Highways Authority of India went
in appeal under Section 34 of the Arbitration and
Conciliation Act, 1996 and vide impugned order dated
05.02.2025, the District Judge, Udham Singh Nagar
allowed the application filed by the NHAI under Section
34 of Arbitration and Conciliation Act and set-aside the
arbitral award dated 24.04.2015 passed by the
Arbitrator/Collector, Udham Singh Nagar on the
unconscionable reason that the lands adjoining to the land
of the appellant to be acquired were being used for
residential purposes.
He would further submit that the land in question of
the appellant lies on the highway itself and the land which
is stated to be residential, not considered to be an example
for fixing the compensation for acquisition of the
appellant's land, lies beyond the land in question of the
appellant.
6. Learned counsel for the respondent no.1/NHAI
vehemently opposes the grounds of appeal, however, he
expresses his inability, in absence of instructions, whether
the appellant's land lies between the highway and the land
which is not considered as an example to fix the
compensation and as to whether the land of the appellant
lies right at the highway.
He would further submit that Sale Deeds of the land
which were requested to be considered for example were
after the Notification under Section 3A of the National
Highways Act.
However, the perusal of the record shows that the
notification under Section 3-A of the National Highways
Act was issued on 05.07.2013, whereas the sale deeds of the
land that were considered by Arbitrator as example, are
dated 08.07.2013, 28.07.2013 and 26.07.2013, therefore,
these dates of Sale Deeds are very proximate to the date of
the notification.
7. Admit the appeal.
8. List this matter on 05.08.2025.
9. The effect and operation of the judgment dated
05.02.2025 passed by the learned District Judge, Udham
Singh Nagar in Miscellaneous Civil Case (Arbitration)
No.02 of 2015 titled 'Project Director, National Highways
Authority of India vs. Special Land Acquisition Officer
and Another' shall remain stayed during pendency of
the appeal.
10. Stay Application (IA No. 01 of 2025) stands disposed
of accordingly.
11. Let the counter affidavit, if any, to the grounds of
appeal be filed in the meantime.
(Vivek Bharti Sharma, J.)
30.04.2025
Akash
