Allahabad High Court
Mawasi vs Union Of India And 3 Others on 17 March, 2020
Bench: Bala Krishna Narayana, Ravi Nath Tilhari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 4 Case :- WRIT - C No. - 8771 of 2020 Petitioner :- Mawasi Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Neeraj Kumar,Ramesh Chandra Counsel for Respondent :- C.L. Chaudhary Hon'ble Bala Krishna Narayana,J.
Hon'ble Ravi Nath Tilhari,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the respondent no. 2 and Sri C. L. Chaudhary, learned counsel appearing for the respondent nos. 1, 3 and 4.
This writ petition has been filed by the petitioner with the following prayer :
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 05.11.2019 and 09.02.2017 passed by the respondent no. 2,/ Arbitrator (Annexure-8, 6 and 5 to the writ petition) in case no. 101/2015-16.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 4 to pay the compensation amount according to award dated 05.12.2016 as Rs. 4577.20 per square metre.
(iii) Issue any other writ, order or direction in the nature of which this Hon'ble Court may deem fit and proper in the circumstances of the case.
(iv) Award the cost of the petition to the petitioner."
A preliminary objection has been raised regarding the maintainability of this writ petition by the learned counsel for the respondents on the ground that against the impugned award, the petitioner has got a statutory alternative remedy available under Section 34 of The Arbitration & Conciliation Act, 1996 (hereinafter referred to as the "Act, 1996") in view of the fact that by virtue of Section 20F(6) of The Railways (Amendment) Act, 2008 (hereinafter referred to as the "Act, 2008"), the provisions of the Act, 1996 have been made applicable to all arbitrary proceedings taken under the Act, 2008.
Learned counsel for the petitioner has not been able to dislodge the preliminary objection raised by the learned counsel for the respondents.
In view of the above, without expressing any opinion on the merits of the case, we dispose of this writ petition with liberty to the petitioner to avail the alternative remedy available to him under the Act, 2008.
Order Date :- 17.3.2020 SA