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ALLAHABAD HIGH COURT
Ashok Bhushan and Satish Chandra, JJ.
Babu Ram Sharma & Another - Petitioner
Vs.
Union Of India Thru' Principal Secy. & 3 Others - Respondent
WRIT - C No. - 13221 of 2014
Decided On : 04-03-2014
Arbitration - National Highways Act, 1956 - The court dismissed the writ petition challenging the compensation for land acquired under the National Highways Act, 1956, stating that the remedy is to seek arbitration as per the provisions of the Arbitration and Conciliation Act, 1996. The court relied on Section 3-G of sub Section (6) of the National Highways Act, 1956, which contemplates arbitration proceedings.
Fact of the Case:
The petitioner sought to quash the order determining the compensation for land acquired under the National Highways Act, 1956.
Finding of the Court:
The court found that the remedy for the petitioner is to seek arbitration as per the provisions of the Arbitration and Conciliation Act, 1996, based on the Division Bench decision and Section 3-G of sub Section (6) of the National Highways Act, 1956.
Issues: The issues revolved around the maintainability of the writ petition and the appropriate remedy for challenging the compensation determination.
Ratio Decidendi: The court's decision was influenced by the provisions of the Arbitration and Conciliation Act, 1996, and Section 3-G of sub Section (6) of the National Highways Act, 1956, which contemplate arbitration proceedings for such matters.
Final Decision: The writ petition was disposed of, and the petitioner was directed to seek remedy under the provisions of sub section (6) of Section 3-G of the National Highways Act, 1956.
1. Heard learned counsel for the petitioner, learned Standing Counsel and Sri Pranjal Mehrotra learned counsel appearing for the respondent no.4.
2. By this writ petition, the petitioner has prayed for quashing the order dated 22.6.2009 passed by District Magistrate/Arbitrator determining the compensation for land acquired under the National Highways Act, 1956.
3. Sri Pranjal Mehrotra learned counsel appearing for the respondent no.4 has raised preliminary objection regarding maintainability of the writ petition. He submits that against the order dated 22.6.2009 the remedy is to seek arbitration as per the provisions of the Arbitration and Conciliation Act, 1996. He has relied upon a Division Bench decision of this Court dated 8.11.2013 in Civil Misc. Writ Petition No. 45023 of 2010 in which case this Court has dismissed the writ petition challenging an award of the Arbitrator on the ground of availability of the proceedings under the Arbitration and Conciliation Act, 1996. Section 3-G of sub Section (6) of the National Highways Act, 1956 itself contemplates the arbitration proceedings. Following the aforesaid Judgment, the petitioner is to seek remedy under the provisions of sub section (6) of Section 3-G of the National Highways Act, 1956.
4. With these observations, the writ petition is disposed of.
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