← Library
Patna High CourtCWJC/7555/2019disposed

Sunil Kumar v. Union Of India

2019-04-18Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7555 of 2019 ====================================================== Sunil Kumar S/o Lakhan Singh R/o Village and P.O. Tungi, P.S. Hasua, District- Nawada.

... ... Petitioner/s

Versus

1.

Union of India through Secretary, Ministry of Road Transport and Highways.

2.

State of Bihar through Collector, Nawada.

3.

National Highway Authority of India through its Chairman. 4.

Ministry of Road Transport and Highways through Director General (Road Development) 5.

Collector (Land Acquisition) cum Arbitrator Nawada. 6.

District Magistrate, Nawada.

7.

Bipin Kumar S/o Lakhan Singh R/o Vill. and P.O.- Tungi, P.S. Hasua, District- Nawada.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Shekhar Dwivedi, Sr. Advocate Mr.Parth Gaurav For the Union of India Mr. S.D.Sanjay, ASC Mr. Anshay Bahadur Mathur For the NHAI Mr. S.N.Pathak (S.C.) For the State :

Mr.Sajid Salim Khan (SC25) Mr. W.A. Khan, AC to SC 25 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-04-2019 Heard the learned counsel for the parties.

The present writ application has been filed, putting to challenge an order dated 30.06.2018, passed by the Collectorcum-Arbitrator in Compensation Case No. 46 of 2018-19 under Section 3-G(5) of the National Highways Act, 1956 (for short 'the Act of 1956').

In my view, the petitioner has remedy of challenging

Patna High Court CWJC No.7555 of 2019(2) dt.18-04-2019 2/2 the said award under Section 34 of the Arbitration and Conciliation Act, 1996, in the light of the provision under Section 3-G(6) of the Act of 1956 and in the light of the decision of this Court in the case of Asha Singh and another Vs. The State of Bihar and others, passed in CWJC No.1375 of 2019, decided on 23.01.2019.

This writ application is, thus, disposed of with a liberty to the petitioner to question the correctness of the award, in accordance with law, before an appropriate forum. (Chakradhari Sharan Singh, J) HR/- U