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IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN
National Highway Authority of India – Appellant
Versus
State of Jharkhand through its Chief Secretary, Government of Jharkhand – Respondent
| Table of Content |
|---|
| 1. petition challenges arbitrator's remand orders. (Para 1 , 2) |
| 2. land acquisitions for nh-33 widening detailed. (Para 3 , 4) |
| 3. arbitrator exceeded powers by remanding case. (Para 5 , 6 , 7) |
| 4. no power for arbitrator to remand under 3g(5). (Para 8) |
| 5. remand set aside; cases restored to arbitrator. (Para 9 , 10 , 11) |
JUDGMENT :
DEEPAK ROSHAN, J.
1. Heard the parties.
2. The petitioner in W.P.(C). No. 3357 of 2022 has prayed for quashing the order dated 08.09.2020 (Annexure-1), passed by the learned Arbitrator-cum-Additional Collector, Ramgarh in Arbitration Case No. 10/2013-14 and determine the compensation amount himself as envisaged in Section 3G(5) of the National Highway Act, 1956.
Similarly, in W.P.(C). No. 1168 of 2023, the petitioner has challenged the order dated 30.12.2022, passed in Arbitration Case No. 55 of 2018.
3. Briefly stated, in W.P.(C). No. 3357 of 2022, vide Section 3A and Section 3D Notifications, the Petitioner in order to carry out the project of 4-laning/ widening of National Highway-33, declared the acquisition of land situated at Mauza- Murpa, Khata No. 27, Plot Nos. 614 admeasuring an area of about 1.23 Acres. It is further to be noted that CALA
Arbitrator under Section 3G(5) of National Highways Act lacks power to remand compensation disputes to competent authority; must determine amount independently.
The court clarified that no deposit of compensation is required to approach the arbitrator under the National Highways Act, ensuring that aggrieved parties can seek resolution effectively.
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.
Provisions of Section 26 of Arbitration and Conciliation Act, 1996 deal with appointment of an expert by Arbitrator for purposes of making a report to it on specific issues to be determined by arbitr....
The concept of any further or other proceeding to resolve the dispute that may be made a subject matter of reference to an arbitral tribunal, is an absolute anathema to the founding principle of arbi....
The Central Government has the exclusive power to appoint an arbitrator under Section 3G[5] of the National Highways Act, and failure to do so within a reasonable time can be remedied through a writ ....
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