Allahabad High Court
Mahaveer Singh And Others vs Union Of India And Others on 12 August, 2010
Bench: Ashok Bhushan, Virendra Kumar Dixit
Court No. - 35 Case :- WRIT - C No. - 45026 of 2010 Petitioner :- Mahaveer Singh And Others Respondent :- Union Of India And Others Petitioner Counsel :- Yogendra Nath Rai Respondent Counsel :- C.S.C.,R.K. Singh Hon'ble Ashok Bhushan,J.
Hon'ble Virendra Kumar Dixit,J.
Sri R.K. Singh, has accepted notice on behalf of the respondents no. 1 and 2 and learned Chief Standing Counsel for respondent no.3.
This writ petition is filed challenging the award given by arbitrator under Section 3 G(1) Sub Clause 2 of the National Highways Authority Act 1956. Learned counsel for the petitioners submits that the award given by the Arbitrator awarding only Rs. 820/- per sq. meter is in adequate. However, the value of land is of Rs.5000/- per Sq. Meter. He further submits that the remedy under Section 34 of Arbitration and Conciliation Act 1996 is not available to the petitioners, looking to the nature of ground which are sought to be raised for challenging the award. Submission needs scrutiny.
Learned counsel for the respondents no. 1 and 2 and learned Standing Counsel for respondent no.3 pray for and are allowed three weeks' time to file counter affidavit.
List thereafter.
Order Date :- 12.8.2010 Amit