Satish Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14441 of 2018 ====================================================== Satish Kumar Son of Vijay Kumar, Resident of Village- Beladih, P.S.- Bela, District- Gaya.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Project Director, Implementing Unit, Gaya, National Highway Authority.

3.

The District Land Acquisition Officer, Gaya.

4.

The Circle Officer, Belaganj, Gaya.

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

For the Petitioner/s :

Mr. Nagendra Sharma For the State :

Mr. Sajid Salim Khan- SC-25 Mr. Md. Wasi Ahmad Khan, AC to SC-25 For the NHAI :

Mr. S. N. Pathak Mr. Saurav Nikunj ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-02-2023 Heard learned counsel for the parties concerned. The petitioner is aggrieved by an order dated 01.08.2017 vide R.A. No. 293 of 2016-17 passed by the Arbitrator under Section 3G (5) of the National Highway Authority of India Act.

Learned counsel for NHAI submits that award of the Arbitrator can be challenged under Section 34 of the Arbitration and Conciliation Act, 1996, inasmuch as Section 3-G (6) of the NHAI Act specifically stipulates that the provision of the Arbitration and Conciliation Act, 1996 shall apply to every arbitration under this Act.

Patna High Court CWJC No.14441 of 2018(3) dt.10-02-2023 2/2 In view of the aforesaid provisions this application is disposed with liberty to the petitioner to challenge the Arbitrator's award in accordance with law.

With the aforesaid observation and direction, this writ petition is disposed.

(Anil Kumar Sinha, J) ashwani/- U