IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.424 of 2022 ======================================================

1. Chandra Shekhar Pandey, aged about 53 years, Male Son of Ramkrit Pandey.

2. Dasharath Pande, aged about 50 years, Male Son of Ramanath Pande.

3. Kanti Kunwar, aged about 56 years, Female Wife of Balrup Sah.

4. Tara Munee, aged about 68 years, Female, Wife of Baban Pandey.

5. Shankar Pandey, aged about 56 years, Male Son of Late Radha Pandey.

6. Vidya Devi, aged about 56 years, Female Wife of Surendra Tiwari.

All resident of Village-Jahanabad, P.S.-Kudra, District-Kaimur.

... ... Petitioner/s Versus

1. The Union of India through its Principal Secretary, Road Transport and Highway Ministry, New Delhi.

2. The Chief Project Director National Highway Authority of India, New Delhi.

3. The Project Director, National Highway Authority of India, Project Implementation Unit Sasaram, Situated at House of Sri Chandramadhav Singh, Opp. D.M. Residence, Fazalganj, Sasaram, Rohtas. 4. The Divisional Commissioner Patna Division, Patna.

5. The District Magistrate, District Kaimur, Bhabua.

6. The District Land Acquisition Officer, cum Competent Authority, Land Acquisition, District Kaimur, Bhabua.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Ramchandra Singh, Advocate For the Respondent/s : Dr. Krishna Nandan Singh, ASG Mr. Radhika Raman, CGC For the State : Mr. Sajid Salim Khan, SC 25 For the NHAI : Mr. Vandana Kishore, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA

ORAL JUDGMENT

Date : 31-03-2022 Heard the parties.

The case is being taken up from defect side.

Learned counsel for the petitioners is directed to submit the original petition along with attested affidavits and also remove all the defects pointed out by the Registry within two weeks from today.

The petitioners have preferred this writ petition assailing the order dated 08.09.2020 passed by the Arbitrator-cum- Divisional Commissioner, Patna. Learned counsel for the petitioners submits that after final award was passed by the Arbitrator no objection in this said regard was filed by the National Highway Authority of India.

However, without impleading the petitioners as party, it proceeded to move a fresh application before the Arbitrator-cum- Divisional Commissioner, Patna against the order of the land acquisition officer dated 31.10.2016. In the proceedings taken up by the concerned Arbitrator-cum-Divisional Commissioner, Patna, the Arbitrator has proceeded to direct the land acquisition officer to redraw his award under the land acquisition by taking into consideration the different lands as specified by the six members committee report dated 05.10.2019, which has resulted in taking away the substantive right as created in favour of the petitioners earlier.

Learned counsel submits that since the petitioners were not given an opportunity of hearing. The award passed by the Arbitrator-cum-Divisional Commissioner, Patna deserve to be declared void ab initio as there is a complete violation of principles of natural justice.

I have considered the submissions. Award passed by the Arbitrator-cum-Divisional Commissioner, Patna under the NHAI Act, 1956 as under the powers given to it under Sections 3G (5) (6) and (7). Thus, any award would be governed by the provisions of the Arbitration and Conciliation Act, 1996. The Arbitration and Conciliation Act, 1996 provides that the award passed therein can be challenged and prayer to set aside the same may be made by moving an application under Section 34 before the concerned learned District Judge.

Learned counsel submits that the provisions of Section

34 would have no application as the petitioners is not challenging the original arbitration award and is only challenging the subsequent order passed on 08.09.2020.

I have considered the submission, keeping in view of the provisions of Section 34