IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Arb. Appeal No. 442 of 2025 Date of decision : 01.04.2026. Mohan (now deceased) through LRs. ...Appellants. Versus National Highway Authority of India ...Respondent. Coram: The Hon’ble Mr. Justice Romesh Verma, Judge. Whether approved for reporting?1 For the appellants : Ms. Suchitra Sen, Advocate. For the respondent : Ms. Sneh Bhimta, Advocate, vice Ms. Shreya Chauhan,Advocate. - ______________________________________________________________ Romesh Verma, Judge (oral) Heard for some time. 2. It is contended by the learned counsel for the respondent that present appeal is not maintainable in its present form. She submits that the present appellant had preferred an application under Section 3(g) of the National Highway Act for the grant of compensation and the same was partly allowed by the Arbitrator vide award dated 11.01.2023, whereby the present appellant was held entitled for compensation to the tune of Rs.68,16,513/- per bigha for all kinds of land, irrespective of the classification. Further it was 1 Whether reporters of Local Papers may be allowed to see the judgment? -2- held that the applicants shall not be entitled to any enhancement in the market value of their acquired structure, however, they shall be entitled to all statutory benefits granted by the Hon’ble Apex Court. The present appellants did not assail those findings before the competent Court of law. On the contrary, it is the present respondent who preferred an appeal before the learned District Judge, Mandi, District Mandi and the same was dismissed vide judgment dated 29.03.2025. 3. Learned counsel for the respondent submits that since the findings returned by the learned Arbitrator were not assailed by the present appellants, therefore, in the absence of any appeal before the District Judge, the present appeal preferred by the present appellants is not maintainable. 4. Faced with the above situation, learned counsel for the appellants seeks permission to withdraw the present appeal. Permission granted. 5. The petition is disposed of as having been withdrawn, so also the pending application(s), if any. (Romesh Verma) April 01, 2026 Judge (Veena)