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CALCUTTA HIGH COURT
Partha Sarathi Sen, J
Gopal Lodha & Ors. – Appellant
Versus
Union of India & Ors. – Respondent
| Table of Content |
|---|
| 1. clarification on arbitration process without prior compensation return. (Para 3 , 7) |
| 2. clarification on arbitrator appointment responsibilities. (Para 4 , 5) |
| 3. directive to authorities for appointment and communication of the arbitrator. (Para 6 , 10) |
| 4. court's findings on rights to seek arbitration without prior deposit. (Para 8 , 9) |
| 5. implementation of court directives on arbitrator communication. (Para 11 , 12) |
1. The subject matter of challenge in the instant writ petition is the memo dated 31.12.2021 whereby and whereunder the respondent no.11 authority being the competent authority under Section 3(a) of the National Highways Act , 1956 (hereinafter referred to as the ‘said Act of 1956’) determined the amount of compensation payable to the writ petitioner under Section 3G of the said Act of 1956. The writ petitioners felt aggrieved with the quantum of such compensation and thus, preferred the instant writ petition.
2. For proper adjudication of the instant lis, this Court at the very outset proposes to look to the provisions of Section 3G of the said Act of 1956 which reads as under:-
“3G. Determination of amount payable as compensation.-
(1) …………………………… (2)
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