Chattisgarh High Court
Jai Janki Vallabh vs Sub Divisional Officer (Revenue) And ... on 2 May, 2018
Author: Sanjay K. Agrawal
Bench: Sanjay K. Agrawal
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPC No. 908 of 2018
Jai Janki Vallabh S/o Late Pawan Kumar, aged about 25 years, R/o Village
Patarapali, Tahsil Kharsiya, District Raigarh (C.G.)
---- Petitioner
Versus
1. Sub-Divisional Officer (Revenue) and Land Acquisition Officer, Kharsiya,
District Raigarh (C.G.)
2. Chief Engineer, National Highway Tribunal, Raipur, through Division
Kharsiya, District Raigarh, C.G.
3. Kriparam Jaiswal, S/o Late Padman, aged about 80 years, R/o Village Ulda,
Tahsil Kharsiya, District Raigarh (C.G.)
4. Ram Krishna Jaiswal, S/o Chhabiram Jaiswal, aged about 60 years, R/o
Village Ulda, Tahsil Kharsiya, District Raigarh (C.G.)
5. Hari Krishna Jaiswal, S/o Chhabiram Jaiswal, aged about 55 years, R/o
Village Ulda, Tahsil Kharsiya, District Raigarh (C.G.)
6. Rama Bai Jaiswal, D/o Chhabiram Jaiswal, aged about 57 years, R/o
Village Ulda, Tahsil Kharsiya, District Raigarh (C.G.)
7. Parmanand Jaiswal, S/o Jagdish Jaiswal, aged about 53 years, R/o Village
Ulda, Tahsil Kharsiya, District Raigarh (C.G.)
8. Lalita Bai Jaiswal, D/o Jagdish Jaiswal, aged about 53 years, R/o Village
Ulda, Tahsil Kharsiya, District Raigarh (C.G.)
9. Meera Bai D/o Jagdish Jaiswal, aged about 53 years, R/o Village Ulda,
Tahsil Kharsiya, District Raigarh (C.G.)
10. Satendra Kumar Jaiswal S/o Dinbandhu, aged about 26 years, R/o Village
Ulda, Tahsil Kharsiya, District Raigarh (C.G.)
11. Nutan Kumari Jaiswal D/o Dinbandhu, aged about 30 years, R/o Village
Ulda, Tahsil Kharsiya, District Raigarh (C.G.)
12. Kantibai Jaiswal W/o Dinbandhu, aged about 60 years, R/o Village Ulda,
Tahsil Kharsiya, District Raigarh (C.G.)
13. Dulendra Kumar Jaiswal S/o Kanhaiya Lal, aged about 30 years, R/o Village
Ulda, Tahsil Kharsiya, District Raigarh (C.G.)
14. Vina Kumari Jaiswal D/o Kanhaiya Lal, aged about 30 years, R/o Village
Ulda, Tahsil Kharsiya, District Raigarh (C.G.)
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15. Hitlal Jaiswal S/o Late Narayan Prasad (since dead) through : Legal Heir
Damodar Prasad Jaiswal S/o Hitlal Jaiswal, aged about 45 years, R/o
Village Ulda, Tahsil Kharsiya, District Raigarh (C.G.)
16. Kamla Jaiswal Wd/o Chandrashekhar Jaiswal, aged about 60 years, R/o
Village Ulda, Tahsil Kharsiya, District Raigarh (C.G.)
17. Kailashi Jaiswal Wd/o Komal Prasad, aged about 40 years, R/o Village
Ulda, Tahsil Kharsiya, District Raigarh (C.G.)
---- Respondents
For Petitioners : Ms. Hamida Siddiqui, Advocate. For Respondents / State : Mr. Arun Sao, Dy. Advocate General Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 02/05/18
1. This writ petition has been preferred by the petitioner challenging the impugned order dated 16.01.2018 (Annexure - P/1) passed by the Arbitrator under Section 3-G(5) of the National Highway Act, 1956 (for brevity ' Act of 1956').
2. Learned counsel for the petitioner would submit that the impugned order is unsustainable and bad in law as the same has been passed without impleading the petitioner as party and, therefore, it is liable to be set aside.
3. On the other hand, learned State counsel would support the order impugned.
4. I have heard learned counsel for the parties and perused the impugned order with utmost circumspection.
5. By virtue of provisions contained in Section 3-G(5) of the Act of 1956, the order has been passed by the Arbitrator and remedy available to the petitioner is to file an application under Section 34 of the Arbitration and Conciliation Act, 1996 before the District Judge in view of provision contained in Section 3-G(5) of the Act of 1956. Therefore, petitioner is at liberty to make an application before the appropriate authority for setting 3 aside the award passed by the Arbitrator in accordance with law.
6. With the aforesaid observation, the writ petition stands disposed of with liberty reserved in favour of the petitioner. No order as to cost(s).
Sd/-
(Sanjay K. Agrawal) Judge Priyanka