Uday Sao And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4794 of 2019 ====================================================== 1.

Uday Sao 2.

Amu Sao @ Mritunjay Kumar 3.

Kamlesh Sao 4.

Akhilesh Sao All are sons of Late Sukhdeo Sao, Resident of Village-Jankop, P.S.-Baroon, Distt.-Aurangabad, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Land Reforms, Department, Govt. of Bihar 2.

The Director, Land Acquisition Bihar, Patna 3.

The Collector, Aurangabad 4.

The District Land Acquisition Officer, Aurangabad 5.

The Arbitrator Cum Additional Collector, Aurangabad 6.

The Competent Authority Cum L.R.D.C., Aurangabad 7.

The General Manager Cum Project Director, Project Compliance Unit, National Highway Authority of India, Varanasi Zone, U.P. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Birendra Kumar Singh For the Respondent/s :

Mr. Rishi Raj Sinha, SC-19 Mr. Saurabh Kumar, AC to SC-19 For the NHAI :

Mr. Shri Nath Pathak ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-03-2019 Heard learned Counsel for the parties concerned. The petitioner has put to challenge, an order, dated 20.05.2017, passed by Arbitrator -cum- Additional Collector, Aurangabad, in L.A. Case No. 82 of 2014-16, whereby the petitioners' claim for higher compensation, on the basis of nature of land acquired for National Highway No. 2, has been

Patna High Court CWJC No.4794 of 2019(2) dt.11-03-2019 2/2 rejected.

This Court cannot entertain a writ application under Article 226 of the constitution of India against the award of the Arbitrator, which proceeding is, admittedly, governed by the provisions of Arbitration and Conciliation Act, 1996. This application is dismissed.

It goes without saying that I have not gone into the merits of the petitioners' claim and I am dismissing this application for approaching wrong forum.

However this order will not come in way of the petitioners approaching any other forum, if the same is found to be available to them.

(Chakradhari Sharan Singh, J.) ragini/- U