Padma Devi v. Union of India and 3 Others

Court No. - 21 Case :- WRIT - C No. - 37471 of 2023 Petitioner :- Padma Devi Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Ram Sumer Chaudhary,Manju Lata Verma Counsel for Respondent :- A.S.G.I. Hon'ble Manoj Kumar Gupta,J. Hon'ble Donadi Ramesh,J.

¶1Heard learned counsel for the petitioner, Sri Ashish Kumar for respondents No. 1 & 2 and learned standing counsel for the State-respondents.

¶2The instant petition is directed against the award of the Competent Authority dated 11.07.2018 and award of the Arbitrator dated 8.02.2022 passed in exercise of power under Section 3-G(5) of the National Highways Act, 1956.

¶3By sub-section (6) of Section 3-G, the provisions of the Arbitration and Conciliation Act, 1996 have been made applicable to every award given under the National Highways Act, 1956, therefore, the petitioner has remedy of challenging the award by filing objection under Section 34 of the Arbitration and Conciliation Act, 1996.

¶4Consequently, we decline to entertain the challenge and relegate the petitioner to the remedy provided under the statute.

¶5The petition stands disposed of accordingly. (Donadi Ramesh, J.) (Manoj Kumar Gupta, J.) Order Date :- 31.10.2023 SL High Court of Judicature at Allahabad