Ramesh Kumar v. Union of India and 4 Others

Court No. - 21 Case :- WRIT - C No. - 42674 of 2023 Petitioner :- Ramesh Kumar Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Vikrant Pandey,Ram Awadh Maurya Counsel for Respondent :- A.S.G.I.,C.S.C.,Pranjal Mehrotra,Sudhir Bharti Hon'ble Manoj Kumar Gupta,Acting Chief Justice Hon'ble Donadi Ramesh,J.

¶1Heard Sri Vikrant Pandey, learned counsel for the petitioner, Sri Rajeev Gupta, learned Additional Chief Standing Counsel for the state-respondents, Sri Pranjal Mehrotra, counsel for respondent nos.1 and 4 and Sri Sudhir Bharti, counsel for respondent no.5.

¶2The petitioner has challenged the award of the Arbitrator dated 19-04-2023 passed under Section 3G (5) of the National Highways Act, 1956.

¶3Learned counsel for NHAI Sri Pranjal Mehrotra submits that the petitioner has efficacious alternative remedy of filing an objection under Section 34 of the Arbitration and Conciliation Act, 1996 read with Section Section 3G (6) of the National Highways Act, 1956.

¶4We find considerable force in the submission of the learned counsel for the respondents.

¶5As the petitioner has an alternative remedy available to him under the statute, therefore, we relegate him to the said remedy as we are not inclined to examine the factual disputes relating to quantification of the compensation amount in exercise of writ jurisdiction.

¶6The petition is accordingly disposed of with liberty to the petitioner to avail the remedy provided under the statute. (Donadi Ramesh, J.) (Manoj Kumar Gupta, A.C.J.) Order Date :- 11.12.2023/pks High Court of Judicature at Allahabad