IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Arb. Appeal No.: 73 of 2024 Decided on : 21.03.2025 National Highway Authority of India .…Appellant. Versus Rakesh Kumar …Respondent. Coram The Hon’ble Mr. Justice Satyen Vaidya, Judge. Whether approved for reporting?1 For the appellant : Ms. Shreya Chauhan, Advocate. For the respondent : Mr. Varun Rana, Advocate. Satyen Vaidya, Judge (Oral) Heard. 2. By way of this appeal, the appellant/NHAI has assailed the order dated 04.12.2021, passed by learned District Judge, Mandi, H.P. in Arbitration Petition No. 61 of 2018, whereby the petition of the appellant under 1 Whether reporters of the local papers may be allowed to see the judgment? 2 Neutral Citation No. ( 2025:HHC:7039 ) Section 34 of the Arbitration and Conciliation Act, 1996 (for short “Act”), was dismissed. 3. The notification under Section 3(A)(1) of the National Highways Act, 1956 (for short “NH Act”) was published in official Gazettee on 21.04.2012 for acquiring the subject land for four laning of NH-21 (Bilaspur-Ner-Chowk Section). 4. The notification under Section 3(D)(1) of the NH Act, ibid was issued on 01.04.2023 and notification under Section 3(G) (3) of the Act, was also issued in the year 2013. 5. The Competent Authority Land Acquisition (CALA) announced award No. 45/2013-14 on 31.10.2013. Respondent availed the remedy under Section 3(G)(5) of the NH Act before Arbitrator for enhancement of market value. Learned Arbitrator passed the award dated 28.11.2017. The market value of the acquired land was enhanced. 6. Aggrieved against the award passed by learned Arbitrator, the appellant/NHAI preferred petition under Section 34 of the Act, before learned District 3 Neutral Citation No. ( 2025:HHC:7039 ) Judge, Mandi, H.P., who vide impugned order dismissed the petition of NHAI. 7. A Co-ordinate Bench of this Court has adjudicating the identical issue as raised in the instant appeal, while deciding the Arbitration Appeal No. 1/2024 alongwith connected matters. The contention raised by the appellant have been dispelled and the appeals filed by NHAI have been dismissed. A copy of the judgment passed by a Co-ordinate Bench of this Court in aforesaid matters has been placed on record. 8. Learned counsel for the parties are ad idem on the point that the issues involved in the instant appeal are identically the same as have been decided by the Co-ordinate Bench of this Court, vide judgment dated 18.09.2024, passed in Arbitration Appeal No. 1 of 2024 alongwith connected matters. 9. I have gone through the aforesaid judgment as also the record of the instant appeal. It is found that the matters decided by a Co-ordinate Bench, as noticed above, had also arisen from the same acquisition notices, a common award by the Arbitrator and similarly 4 Neutral Citation No. ( 2025:HHC:7039 ) a common judgment by learned District Judge, Mandi, H.P. 10. I have no reason to differ with the reasons assigned by the Co-ordinate Bench of this Court while deciding Arbitration Appeal No. 1 of 2024 alongwith connected matters. 11. Thus, this appeal is also disposed of and dismissed in terms of the judgment passed by Co-ordinate Bench of this Court on 18.09.2024 in Arbitration Appeal No. 1 of 2024 alongwith connected matters. The reasons and conclusion assigned in the said judgment shall apply mutatis mutandi in the instant appeal. 12. The appeal, is accordingly, disposed of, with no order as to costs. 13. Pending miscellaneous applications, (if any), shall also stand disposed of. (Satyen Vaidya) 21st March, 2025 Judge (sushma)