Saurabh Taliwal and Another v. Union of India and 4 Others

Court No. - 21 Case :- WRIT - C No. - 39503 of 2023 Petitioner :- Saurabh Taliwal And Another Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Vishal Agarwal Counsel for Respondent :- C.S.C.,A.S.G.I.,Gopal Verma Hon'ble Manoj Kumar Gupta,Acting Chief Justice Hon'ble Donadi Ramesh,J.

¶1Heard Sri Vishal Agarwal, learned counsel for the petitioners and Sri Gopal Verma, learned counsel for respondent no.1.

¶2The instant petition is directed against the award of arbitrator dated 30.08.2023 passed under Section 3G (5) of the National Highways Act, 1956.

¶3The case of the petitioners is that they are entitled to compensation at commercial rates as has been paid to other co-sharers of Khasra No. 112.

¶4The issue raised by the petitioners is factual in nature and requires appreciation of evidence.

¶5Under Section 3G (5) of the National Highways Act, 1956, the provisions of the Arbitration and Conciliation Act, 1996 have been applied to every arbitral award given under the Act. The petitioners would, therefore, have rights of arbitration available to them for challenging the award as provided under the Arbitration and Conciliation Act, 1996.

¶6Accordingly, we decline to entertain the challenge in exercise of writ jurisdiction and relegate the petitioners to the remedy provided under statute.

¶7The petition stands disposed of accordingly. (Donadi Ramesh, J.) (Manoj Kumar Gupta, ACJ.) Order Date :- 7.12.2023 Noman High Court of Judicature at Allahabad