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Judgment
Manoj Kumar Tiwari, J
Petitioner’s land was acquired for widening of National Highway No. 58 (Muzaffarnagar-Haridwar Segment). The Competent Authority
Land Acquisition under National Highways Act, 1956 determined the amount payable as compensation to the petitioner @ of Rs. 6,935/- per square
meter.
Dissatisfied with the valuation made by the Competent Authority, petitioner approached the Arbitrator under Section 3G(5) of National Highways
Act, 1956 and the Arbitrator enhanced the valuation of petitioner’s property at the rate of Rs. 11,200/- per square meter and provided that
petitioner shall also be entitled to interest @ 9% per annum.
NHAI thereafter filed an application under Section 34 of Arbitration and Conciliation Act challenging the award given by the Arbitrator. However,
said challenge thrown under Section 34 of the Arbitration and Conciliation Act was subsequently withdrawn by NHAI. The order dated 09.03.2021
passed by District Judge, Haridwar, on the application filed under Section 34 of Arbitration and Conciliation Act by NHAI, is on record as Annexure
â€" 4 to the writ petition.
Thus, it is apparent that the award given by the Arbitrator has attained finality.
Learned counsel for the petitioner submits that NHAI has not deposited the amount of compensation before the Competent Authority Land
Acquisition despite the provision contained in Section 3H(1) of National Highways Act, 1956. He further submits that possession of the land has been
taken which could not have been taken without depositing the amount determined under Section 3G of National Highways Act.
Having regard to the facts and circumstances of the case, the writ petition is disposed of with a direction to the Competent Authority â€" Special
Land Acquisition Officer, Haridwar to issue a demand note to NHAI, after calculating up-to-date interest, within two weeks from the date of
production of certified copy of this order. NHAI shall deposit the amount of compensation, with accrued interest with the Competent Authority Land
Acquisition / Special Land Acquisition Officer, Haridwar within six weeks. The Competent Authority Land Acquisition shall pass appropriate order for
release of the amount after hearing all stakeholders, in accordance with law, within three weeks thereafter.