2025:HHC:18347 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Arb. Appeal No.117 /2024 Date of Decision: 16th June, 2024. NHAI .....Appellant. Versus Bijender Kumar …..Respondent. Coram The Hon’ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the Appellant: Ms. Shreya Chauhan, Advocate. For the Respondent: Mr. Suneet Verma, Advocate. Bipin Chander Negi, Judge (oral). By way of the present appeal, a challenge has been laid to the judgment dated 04.12.2021, whereby an application under Section 34 of the Arbitration and Conciliation Act, 1996 (for short ‘the Act’) by the present appellant has been dismissed. 2. Heard counsel for the parties and perused the pleadings. 3. The acquisition, in the case at hand, pertains to Mohal Thala, Tehsil Sundernagar, District Mandi, HP. Notification under Section 3A(1) of the National Highways Act, 1956 (for short ‘NH Act’) was published in the Official Gazette on 21.04.2012. The acquisition, in the case at 1 Whether reporters of Local Papers may be allowed to see the judgment? YES 2 2025:HHC:18347 hand, was for the four-laning of National Highway-21 (Ner Chowk-Mandi Section). 4. Notification under Section 3D(1) of the NH Act was issued on 15.12.2012. Thereafter, Notification under Section 3G(3) of the National Highway Act inviting claims from interested persons were published in the newspaper on different dates in January 2013. 5. For the lands acquired in terms of the above notification, the Competent Authority Land Acquisition (CALA) announced award bearing No.45/2013-14 on 31.10.2013. In terms of the Award, market value of the land was assessed at Rs.60 lacs per bigha. 6. In this context, land owners had preferred the petitions under Section 3G(5) of the National Highways Act before the notified Arbitrator. The Arbitrator vide Award dated 31.10.2017, under Section 3G(5) of the NH Act were allowed the petitions filed by the land owners/present respondent and had enhanced the market value of the land to Rs.81,39,120/- per bigha. 7. Feeling aggrieved against the aforesaid enhancement in market value determined by the Arbitrator, the present petitioner had preferred an application under Section 34 of the Act. Vide a common 3 2025:HHC:18347 judgment dated 04.12.2021, the learned District Judge, Mandi, HP had dismissed the applications preferred under Section 34 of the Act by the appellant. In the aforesaid backdrop, NHAI has taken recourse to Section 37 of the Act. 8. A perusal of the impugned judgment dated 04.12.2021, reflects that vide common judgment five applications filed under Section 34 of the Act had been dismissed by the District Judge, Mandi, HP. Arbitration Petition No.11 of 2018 at Sr. No.5 of the cause title of the impugned judgment bears the title National Highway Authority of India Vs. Vishesar. Section 37 petition laying challenge to the aforesaid arbitration petition bearing No.11 of 2018 was registered as Arbitration Appeal No.145 of 2024. The same was dismissed vide judgment dated 14.11.2024. 9. Since the present appeal and the appeal preferred in NHAI Vs. Vishesar(Deceased) through LRs (Arb. Appeal No.145/2024) arise out of the same acquisition referred to hereinabove, the same Award dated 31.10.2013 passed by the CALA and challenge to the aforesaid award by way of an application under Section 34 of the Act was also decided by a common judgment dated 04.12.2024, therefore, for 4 2025:HHC:18347 the reasons stated in the Arb. Appeal No.145 of 2024 dated 14.11.2024, the present appeal preferred under Section 37 of the Act is dismissed and the award passed by the Arbitrator is affirmed. Pending miscellaneous application(s), if any, shall also stand disposed of. (Bipin Chander Negi) Judge 16th June, 2025 (Gaurav Rawat)