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RAJIV ROY
Bibi Ishrat Jahan – Appellant
Versus
Union of India – Respondent
Rajiv Roy, J.—Heard Mr. Uday Bhanu Roy, learned counsel for the petitioner, Mr. Kumar Goutam for ‘the NHAI’ as also Mr. Jitendra Kumar representing the State.
2. The present petition has been preferred for the following relief(s):—
“issuance of an appropriate writ, order or to direction to the respondents make payment of entire compensation amount alongwith penal interest of the land alongwith Pucca building and three thatched houses acquired by central government/ National Highway authority of India for the purpose of widening of National Highway No.57 pursuant to the order dated 18.10.2012. passed by Additional Collector cum Arbitrator, Purnea in Arbitration case no. 16/2010 and/or for any other relief or reliefs to which the petitioner is found fit and entitled.”
3. The matter relates to construction/widening of NH- 57. The matter went up to the Arbitrator in Arbitration Case No. 16 of 2010 (Bibi Ishrat Jahan vs. Land Acquisition Officer, Araria & Ors.). It came to be disposed of on 18.10.2012 by the Additional Collector-cum-Arbitrator, Purnea and taking into account that the part of the building that was demolished has led to the complete building getting damaged. As such, she is
Arbitral awards are enforceable unless stayed; delay in payment due to inaction of authorities is unjust and requires prompt compliance.
The arbitral award on land compensation cannot be modified without participation of affected parties, ensuring rights to compensation are upheld as originally awarded.
The court affirmed that petitioners could challenge the arbitrator's award under Section 34 of the Arbitration and Conciliation Act, ensuring proper valuation in compensation for land acquisition.
Once an award is passed, the National Highways Authorities have no right to sit over such award, except approaching the arbitrator in terms of Sub Section 5 of Section 3G of the N.H. Act, 1956.
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