Writ jurisdiction is limited in arbitral matters; statutory framework designates CALA as the representative authority, and absence of NHAI does not invalidate arbitration proceedings under the National Highways Act.

JUDGMENT :

S.K.PANIGRAHI, J.

1. Since both the Writ Petitions involve a common question of law and substantially similar facts, they are being heard and considered together. However, this Court feels it appropriate to treat W.P.(C) No.27589 of 2024 as the leading case for proper adjudication of both the matters.

2. W.P.(C) No.27589 of 2024has been preferred by the Petitioner challenging the legality and validity of Arbitration Award passed in Misc. (Arbitration) Case No.03/2019, NH - 6 dated 26.12.2023 u/s 3 - G(5) of the NH Act, 1956 passed by the Collector and Arbitrator, Keonjhar which directed the Tahasildar - Cum - CALA, NH - 6, Patna now LAO and CA, NH - 6, Keonjhar to recalculate the land acquisition compensation @ Rs.60,00,000/- per acre towards acquisition of Ac 1.17 dec of land pertaining to Plot No.289,290,297,299, 316, 287/528, 298/530, 311, 312, Khata No. 38/5, Kisam - Taila - I, Village Dumuriguda and to pay the differential compensation along with interest @ 9% over the said amount u/s 3 - H(5) of the NH Act, 1956.

I. FACTUAL MATRIX OF THE CASE:

3. The facts giving rise to the present Petition can be pithily summarised as under:

a. The present Petitioner is a statutory body established under the NHAI Act, 1988 being the Executing Agency on behalf of the Govt. of India, Ministry of Road Transport and Highways.

b. The present private Opposite Parties are the recorded tenants of the subject land.

c. That, Govt. of India, Ministry of Road Transport and Highways vide Notification No. S.O. 2768(E) dated 14.9.2013 notified U/s 3A of the N.H. Act 1956 to acquire the above subject land amongst others, in Dumurigoda for expansion of N.H.6 from Km.342+900 to Km.356+400 (Baharagora - Sambatpur Section) in Keonjhar District. The Notification was published u/s 3 - D of the N.H. Act 1956 on 10.9.2014.

d. The Tahasildar - cum - Competent Authority, LA, N.H. 6 Project, Patna (hereinafter referred to as CALA) was appointed as the Competent Authority to acquire the land specified in the Schedule annexed to the said notification for building(widening / four - laning, etc.), maintenance, management and operation of National Highway No. 6

e. The CALA conducted detailed survey and after physical verification of plot / area etc. issued notice in favour of the private Respondents to receive land acquisition compensation worth Rs.4,16,863/- as determined in LA Case No.9/4/2016. This amount was arrived at by CALA keeping in mind the bench mark valuation report of the Village Dumurigoda @Rs.1,15,000/- per acre as per the cut off date of 14.9.2013 (date of notification). Furthermore, no registered sale deed was available for the Gharabari Kisam in the village during 2011-2013 and therefore, the CALA proceeded on the basis of the available bench mark valuation only.

f. Accordingly, CALA passed an award of Rs.4,16,863/- in favour of the private Respondents. This amount has admittedly been disbursed and received by the present Respondents.

g. Thereafter, the private Respondents filed Misc. (Arbitration) Case No.03/2019, NH - 6 before the Collector, Keonjhar - Cum - Arbitrator, NH - 6 Project, Keonjhar for redetermination of compensation.

h. In Misc. (Arbitration) Case No.03/2019, notice was issued on 23.2.2019. The CALA was duly served and represented