Bhola Prasad Agrawal v. State Of Chhattisgarh,

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 364 of 2021 • Bhola Prasad Agrawal S/o Late Harufulman Agrawal, Aged About 65 Years R/o Lanka Para, Surajpur, Tahsil And District Surajpur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh, Through - Secretary Department Of Revenue, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh.

2. Land Acquisition Officer-Cum- Sub Divisional Officer (Revenue), Ambikapur, District Surguja Chhattisgarh.

3. National Highway Authority Of India, Through Project Officer, Raipur Section Of National Highway, District Raipur, Chhattisgarh

4. Union Of India, Through - Secretary, Ministry Of Road, Transport And Highways, New Delhi., District : New Delhi, Delhi

5. Chief Engineer, Public Works Department (National Highway Division), Raipur, District Raipur, Chhattisgarh. ---- Respondents For petitioner : Mr. Anurag Singh, Advocate.

For respondents No. 4 & 5 : Mr. Tushar Dhar Diwan, Counsel on behalf of Mr. Ramakant Mishra (ASG) For State : Mrs. Richa Shukla, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order 08.02.2021 Heard.

1.

Learned counsel for the petitioner submits that the petitioner may be given a liberty to execute the award passed in favour of the petitioner to get it executed as a decree of the Civil Court as per Section 36 of the Arbitration and Conciliation Act 1996 (henceforth 'the Act 1996'). 2.

In view of such submission, since the award is passed under Sub-

Section 6 of Section 3G of the National Highways Act 1956 (henceforth 'the Act 1956') and makes the Arbitration and Conciliation Act 1996 applicable, therefore as per Section 36 of the Act 1996, the award would be executable before the competent Court.

3.

In view of the submission made by the Counsel, the writ petition finally stands disposed off.

Sd/- (Goutam Bhaduri) JUDGE Vishakha