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2023 Supreme(MP) 624
IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Sushrut Arvind Dharmadhikari, Prakash Chandra Gupta, JJ.
Shivnarayan Gurjar – Appellant
Versus
Competent Authority Land Acquisition & Ors. – Respondents
Writ Petition No. 1374 of 2023
Decided On : 18-01-2023
Ajay Kumar Mimrot, Advocate, R.K. Trivedi, Advocate, Anand Soni, Advocate
Final Result : Disposed Of
The main legal point established in the judgment is the availability of efficacious remedy under the National Highway Act, 1956 and the Arbitration and Conciliation Act, 1996, rendering the writ petition under Article 226 not maintainable.
Headnote:
Mandamus - Land Acquisition - The court held that the writ petition under Article 226 was not maintainable as efficacious remedy was available under the provisions of the National Highway Act, 1956 and the Arbitration and Conciliation Act, 1996. The petitioner was directed to avail the statutory remedy available under the mentioned acts against the impugned award.
Fact of the Case:
The petitioner sought relief through a writ petition under Article 226 to quash/set aside an impugned award related to the acquisition of land and property. The respondent raised a preliminary objection stating that the writ petition was not maintainable as efficacious remedy was available under the National Highway Act, 1956 and the Arbitration and Conciliation Act, 1996.
Finding of the Court:
The court found that the writ petition was not maintainable and disposed of it with a liberty to the petitioner to avail the statutory remedy available under the National Highway Act, 1956 and the Arbitration and Conciliation Act, 1996 against the impugned award.
Issues: The main issue was the maintainability of the writ petition under Article 226 in light of the availability of efficacious remedy under the National Highway Act, 1956 and the Arbitration and Conciliation Act, 1996.
Ratio Decidendi: The court held that the grievance of the petitioner with regard to quantum of compensation and non-consideration of the immovable property/amenities constructed over the land in question could not be considered and decided in the writ proceedings, and directed the petitioner to avail the statutory remedy available under the mentioned acts.
Final Decision: The writ petition was disposed of with a liberty to the petitioner to avail the statutory remedy available under the National Highway Act, 1956 and the Arbitration and Conciliation Act, 1996 against the impugned award.
JUDGMENT
Sushrut Arvind Dharmadhikari, J. - In this writ petition under Article 226 of the Constitution of India , the petitioner has prayed for following reliefs:-
"(i) To allow this petition by issuing a writ of mandamus.
(ii) To quash/set aside the impugned award dated 15.09.2022 (annexure P-1) by remanding the matter to respondent No.1 to inspect the acquired land of the petitioner and the property/amenities situated on the land in presence of the petitioner and to pass a fresh award after proper evaluation of the properties including all benefits.
(iii) That, respondent No.1 be directed to award a proper compensation considering the date of notification dated 13.05.2021 and 11.03.2022.
(iv) Any other relief which this Court may deem fit in favour of the petitioner and in interest of justice."
2. Learned counsel for the respondent/State submits that respondent No.1 and 2 raised a preliminary objection that this writ petition is not maintainable as efficacious remedy is available under the provisions of Section 3G (5) of the National Highway Act, 1956. Learned counsel for the respondent also submits that a remedy is available to the petitioner to approach the arbitrator i.e.
3. Collector, Dewas seeking redressal of grievance.
4. Admittedly, the grievance of the petitioner with regard to quantum of compensation and non-consideration of the immovable property/ amenities constructed over the land in question, cannot be considered and decided by this Court in writ proceedings. The grievance with regard to diverted commercial land, cannot be redressed in the writ proceedings.
5. In view of the aforesaid, this writ petition is disposed of with a liberty to the petitioner to avail the statutory remedy available under the National Highway Act, 1956 as well as Arbitration and Conciliation Act, 1996, in accordance with law against the impugned award passed by the arbitrator.
6. With the aforesaid liberty, this writ petition stand disposed of.
