Uttarakhand High Court
Hon'Ble Subhash Upadhyay vs Acquisition Officer And Another" ... on 26 June, 2025
Office Notes,
reports, orders or
proceedings or
No Date COURT'S OR JUDGES'S ORDERS
directions and
Registrar's order
with Signatures
AO No.191 of 2025
Hon'ble Subhash Upadhyay, J.
Mr. Vipul Sharma and Mr. Rajesh Pandey,
learned counsel for the appellant.
2. Mr. Naresh Pant and Mr. Raunak Pant,
learned counsel for respondent no.1.
3. Mr. V.D. Bisen, learned Addl. C.S.C. for the
State/ respondent no.2.
4. This appeal is preferred against the judgment
dated 17.05.2025 passed by Learned District
Judge, Udham Singh Nagar, in Misc. Civil Case
(Arbitration) No.68/2016, "Project Director, National
Highways Authority of India Vs. Special Land
Acquisition Officer and Another" whereby the
application of respondent no.1, in terms of Section
34(2) (b)(ii) of the Arbitration and Conciliation Act,
1996, was allowed against the provisions of Section
3B(7) of the National Highways Act, 1956 and
Section 26(1) (a) of Act 30 of 2013.
5. Learned counsel for the appellant contends
that the order passed by the learned District Judge,
Udham Singh Nagar, under Section 34 of the
Arbitration and Conciliation Act, 1996 is without
appreciating the evidence on record and the law
relating to the issues involved; that, the District
Judge erroneously treated the acquired land as
agricultural value despite overwhelming evidence
suggesting that its potentiality and market value
are commercial; that, the order passed by the
learned District Judge is perverse and has been
passed ignoring the settled principles of law for
determining the compensation.
6. Learned counsel for the appellant has also
contended that the Arbitrator had considered the
sale deed dated 12.06.2013 and 07.05.2013 which
was prior to issuance of the land acquisition
notification by the National Highways Authority of
India and has further contended that in similar
arbitration cases, namely, Arbitration Case
No.51/19 year 2015-16, "Girjesh Kumar and
another Vs. SLAO and another" and in other cases
amount of ₹5,500/- per square meter was
determined by the Arbitrator and which was paid to
the said persons.
7. Learned counsel for the appellant submits
that the appeal preferred by the National Highways
Authority of India in the case of Girjesh Kumar was
withdrawn.
8. In view of the submissions made by learned
counsel for the appellant, the matter needs
deliberation.
9. Learned counsel for the appellant also
referred to the interim order dated 30.04.2025
passed by Co-ordinate Bench of this Court in AO
No.131 of 2025.
10. List this case on 31.07.2025.
11. Meanwhile, learned counsel for the
respondents shall file counter affidavit to the
grounds of appeal.
12. In view of the entirety of facts, till the next
date of listing, effect and operation of the impugned
judgment dated 17.05.2025 passed by learned
District Judge, Udham Singh Nagar, in Misc. Civil
Case (Arbitration) No.68/2016, "Project Director,
National Highways Authority of India Vs. Special
Land Acquisition Officer and Another", shall remain
stayed.
(Subhash Upadhyay,J.)
26.06.2025
SS
