Allahabad High Court
NATIONAL HIGHWAY AUTHORITY OF INDIAversusARVIND KUMAR AND 5 OTHERS
- Decided
Holding
The enhanced award deposited by the petitioners shall not be released unless the appeal preferred against it is decided.
Summary
The National Highway Authority of India (NHAI) filed a civil revision seeking to set aside an order of the Additional District Judge that directed the petitioners, Arvind Kumar and others, to deposit an enhanced award arising from a land acquisition proceeding. The award, originally passed under the Land Acquisition Act, was enhanced by an arbitrator and, according to Rule‑3(b) of the National Highways (Manner of Depositing the Amount by the Central Government; Making Requisite Funds Available to the Competent Authority for Acquisition of Land) Rules, 2019, should not be required to be deposited while an appeal is pending. The respondents contended that the enhanced award had already been deposited following an interim order, a fact the petitioners conceded. The High Court held that the deposited amount must not be released until the appeal on the enhanced award is finally decided. Consequently, the revision was disposed of with a direction to retain the deposited funds pending the appeal's outcome.
Issues considered
- Whether the executing authority can compel the deposit of an arbitrator‑enhanced award under the Land Acquisition Act while an appeal against the award is pending, in view of Rule‑3(b) of the National Highways Rules, 2019.
Legislation cited
- Land Acquisition Act
- National Highways (Manner of Depositing the Amount by the Central Government; Making Requisite Funds Available to the Competent Authority for Acquisition of Land) Rules, 2019 — s. Rule 3(b)
Subjects
- land acquisition
- award enhancement
- arbitration
- execution of award
- deposit of award
- National Highways Rules
- civil revision
- NHAI
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CIVIL REVISION No. - 67 of 2026
National Highway Authority Of India
.....Revisionist(s)
Versus
Arvind Kumar And 5 Others
.....Opposite
Party(s)
Counsel for Revisionist(s) : Shiv Kumar Singh
Counsel for Opposite Party(s) : Babu Lal Ram
Court No. - 54
HON'BLE ANIL KUMAR-X, J.
1. Heard learned counsel for the revisionist and learned counsel for the
respondents.
2. The present civil revision has been filed with prayer to set aside the
order dated 17.4.2026 passed by learned Additional District Judge, Court
No. 06, Kanpur Dehat, in Execution Case No. 01 of 2025, Arvind Kumar
and others Vs. NHAI, and its consequential proceedings of the aforesaid
case.
3. Learned counsel for the revisionist submitted that competent authority
under Land Acquisition Act in Case No. 08/2016-17 passed award and
same was challenged before the Arbitrator. The award was passed vide
order dated 17.10.2016 and was enhanced by the Arbitrator on
19.02.2020. It has been submitted that Rule -3 (b) of National Highways
(manner of depositing the amount by the Central Government; making
requisite funds available to the competent authority for acquisition of
land) Rules, 2019 clearly stipulated that the award enhanced by the
arbitrator, if challenged, in appeal cannot be asked by the executing
authority to be deposited for being released in favour of land holders.
However, the Executing Court by its order dated 17.4.2026 in Execution
Petition No. 01 of 2025, Arvind Kumar and others Vs. National Highways
Authority, Kanpur has directed the revisionist to deposit the enhanced
award to be released in favour of claimant/ land holder.
4. Per contra, learned counsel for the respondents submitted that the said
enhanced award has already been deposited by the revisionist, in
pursuance of the interim order passed by this Court.
5. Learned counsel for the revisionist has also conceded the said fact of
the respondents.
6. In such circumstances, this revision is disposed of with the direction
CLRE No. 67 of 2026
2
that enhanced amount deposited by the revisionist shall not be released,
unless the appeal preferred is not decided.
(Anil Kumar-X,J.)
September 16, 2026
Gss
Digitally signed by :-
GIRAJA SHANKER SHARMA
High Court of Judicature at Allahabad
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