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2025 Supreme(Online)(All) 2579

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Mahesh Chandra Tripathi, Kunal Ravi Singh, JJ
Suryadev Pathak – Appellant
Versus
Union of India – Respondent
WRIT - C No. - 28215 of 2025 | Writ - C No. 24846 of 2025 | Writ - C No. 28467 of 2025 | Writ - C No. 29291 of 2025 | Writ - C No. 35275 of 2025 | Writ - C No. 35305 of 2025 | Writ - C No. 37180 of 2025 | Writ - C No. 37561 of 2025



Advocates:
For the Appellants/Petitioners: Vishveshwar Mani Tripathi
For the Respondents: A.s.g.i., Anuj Agrawal, C.S.C., Mahendra Pratap, Pranjal Mehrotra, Rajesh Kumar Jaiswal

Writ petitions seeking mandates for arbitration proceedings are not maintainable; the appropriate remedy lies exclusively with a competent civil court under the Arbitration Act.

Headnote:(A) National Highways Act, 1956 - Section 3G(5) and (6) - Arbitration and Conciliation Act, 1996 - Sections 29A and 2(1)(e)(i) - Maintainability of writ petitions seeking mandamus for time-bound disposal of arbitration proceedings - Court concludes that such a request contravenes statutory framework, as the remedy lies solely within the competent civil court. (Paras 6.2.1, 6.6.10)

(B) Jurisdictional limits - High Court's inability to extend arbitrator’s mandate once expired; only the competent civil court may do so as per statutory remedy. (Paras 6.3.4, 7.4)

(C) Rights of petitioners - Delay in arbitration proceedings not sufficient to invoke writ jurisdiction when an alternative remedy is available. (Paras 6.5.2, 6.7.4)

Facts of the case:
Several petitioners filed writs for expeditious arbitration under Section 3G(5) of the Act, claiming compensation related to land acquisitions under the Bharat Mala Scheme for highway expansion. The lead case involved a petition that had not been resolved despite over two years' delay.

Findings of Court:
The court determined that the High Court does not possess jurisdiction over writs involving arbitration proceedings under the Act, adjourning the petitions for lack of maintainability.

Issues: Whether a writ of mandamus can be issued to an arbitrator to decide on arbitration proceedings within a time-bound scope, breaching the statutory timeline framework of the Arbitration Act.

Ratio Decidendi: The court articulated that any direction for expeditious arbitration must arise from the civil courts, given the definitive parliamentary intent in establishing the Arbitration Act provisions.

Result: All writ petitions dismissed.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The court clarified that petitions seeking mandates for arbitration proceedings are not maintainable under Article 226 of the Constitution, as the appropriate remedy lies exclusively with a competent civil court under the Arbitration Act. The legislative framework explicitly designates a specific forum for addressing delays or extensions in arbitration, and the High Court does not have original jurisdiction for such matters (!) (!) .

  2. The arbitration under Section 3G(5) of the relevant Act is a statutory arbitration, and the provisions of the Arbitration and Conciliation Act, 1996, apply to such arbitrations only to the extent they are not inconsistent with the special Act. The appointment of arbitrators and dispute resolution are governed by the specific provisions of the Act, which is a self-contained code (!) (!) .

  3. The timeline for arbitration proceedings is governed by Section 29A of the Arbitration Act, 1996, which prescribes a maximum period of twelve months for the award, extendable by six months with the approval of the competent civil court. Once this period expires without extension, the mandate of the arbitrator lapses, and the arbitrator becomes functus officio (!) (!) (!) .

  4. The definition of "Court" under the Arbitration Act, 1996, is limited to the principal civil court of original jurisdiction in a district or the High Court exercising such jurisdiction. The High Court of Judicature at Allahabad does not fall within this definition, and therefore, cannot exercise jurisdiction under Section 29A for extending arbitrator mandates (!) (!) .

  5. The legislative intent is clear that disputes regarding delays or extensions in arbitration proceedings must be addressed through the statutory mechanism before the competent civil court, not through writ petitions under Article 226. The law intends to prevent forum shopping and ensure that such issues are resolved within the framework of the Arbitration Act (!) (!) .

  6. The court emphasized that after the expiry of the statutory period, the arbitrator's mandate is exhausted, and any attempt to direct the arbitrator to decide the matter via writ is contrary to law. Such directions would undermine the statutory scheme and the rights of parties to seek remedies before the designated civil courts (!) (!) .

  7. Even where the statutory period has not yet expired, the appropriate forum for seeking extension or directions is the civil court, not the High Court under Article 226. The availability of a complete statutory remedy under Section 29A bars the maintainability of writ petitions seeking similar relief (!) (!) .

  8. The order reaffirms that the High Court's jurisdiction is discretionary and should be exercised cautiously, respecting the legislative scheme that provides specific remedies for arbitration-related disputes. The court's role is to ensure compliance with statutory provisions, not to substitute its judgment for that of the civil courts (!) (!) .

  9. The court dismissed all the writ petitions, emphasizing that the proper course for aggrieved parties is to approach the competent civil court under the relevant statutory provisions for extension of time or other relief concerning arbitration proceedings (!) (!) .

  10. The decision clarifies that the order is confined to issues of jurisdiction and maintainability and does not comment on the merits of the arbitration claims. Petitioners are free to pursue appropriate remedies before the civil courts as per law (!) (!) .

These points collectively highlight the importance of adhering to statutory procedures and forums for resolving disputes related to arbitration delays and mandates, and the limited scope of the High Court's jurisdiction in such matters.


Table of Content
1. land acquisition for national highway. (Para 3)
2. petitioners claim violation of statutory rights. (Para 4)
3. arguments regarding jurisdiction and statutory scheme. (Para 5)
4. discussion on writ jurisdiction and statutory remedies. (Para 6)
5. conclusion on statute's application to arbitration. (Para 7)
6. final order on writ petitions' dismissal. (Para 8)

1. Heard learned counsels for the petitioners, Sri Pranjal Mehrotra, Sri Raghav Dwivedi and Sri Devendra Kumar, learned counsels for the respondent-National Highway Authority of India, Sri Fuzail Ahmad Ansari, learned Standing Counsel for the State-respondents and Sri Paras Nath Rai, learned Senior Counsel for the Union of India.

1.1. Since all the aforesaid writ petitions involve a common legal issue concerning the maintainability of writ petitions seeking mandamus for time-bound disposal of arbitration proceedings under Section 3G (5) of the National Highways Act, 1956 , The Act, 1956, and the applicability of Section 29A of the Arbitration Act and Conciliation, 1996, The Arbitration Act, 1996 to such statutory arbitrations, and with the consent of learned counsel for the parties, the petitions have been clubbed together, heard analogously, and are being disposed of by this common judgment.

A. PRAYER:

2. All the above-mentioned writ petitions have been preferred for a direction to the respondent - Arbitrator to decide the respective cases of the petitioners within a time bound period.

B. FACTS OF THE CASE:-

3. For the purpose of brevity, only the facts of the leading writ petition, i.e. WRIT - C No. 28215 of 2025, are being discussed in detail hereinbelow.

3.1. The petitioner of the leading writ petition is the recorded owner of several parcels of land situated in Mauja Bagahi Bhari, Tappa Bharivasi, Pargana Haveli, Tehsil Campiorganj, District Gorakhpur, bearing Arazi No.46 (0.075 hectare), Arazi No.169 (0.1082 hectare) and Arazi No.269 (0.5747 hectare). These lands were acquired by the respondents for the purposes of the Bharat Mala Scheme relating to the widening and extension of National Highway No.29E (presently renumbered as NH- 24) from Sunauli Jungle Kaudiya to Gorakhpur. In connection with this acquisition, the competent authority, i.e., the Special Land Acquisition Officer (respondent no.4), issued a government notice on 14.07.2022 and a revised notice on 06.03.2023. As the compensation assessed for his land was arbitrarily fixed at an unreasonably low rate and he was neither paid compensation nor informed of the basis of assessment, the petitioner filed a claim petition under Section 3G (5) of the Act, 1956 before the Arbitrator/District Magistrate, Gorakhpur (respondent no.3) on 17.05.2023. Despite more than two years having elapsed, the said claim petition, registered as Case No.1176 of 2023 (Computer Case No.D202305310001176), has not been decided. Aggrieved by the inaction and delay in adjudication of his claim, the petitioner has invoked the extraordinary jurisdiction of this Hon'ble Court seeking a direction to respondent no.3 - Arbitrator to decide his claim petition expeditiously within a time-bound period.

C. SUBMISSIONS ON BEHALF OF PETITIONERS:

4. Learned counsel for the petitioner submits that the entire acquisition process undertaken by the respondents is vitiated for non-compliance of mandatory provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 , The Act, 2013. It is argued that the notices dated 14.07.2022 and 06.03.2023 were issued mechanically, without following due procedure, and hence cannot be sustained. Learned counsel further submits that the petitioner’s right to property under Article 300-A of the Constitution has been infringed by acquiring his land without proper notice and without payment of lawful compensation. Moreover, once the petitioner had invoked arbitration under Section 3G (5) of the Act, 1956, it became the statutory obligation of the Arbitr

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