Madhya Pradesh High Court
Smt. Shamshad Begam @ Shama vs Union Of India on 20 November, 2019
Author: Chief Justice
Bench: Chief Justice
1 WP-24317-2019
The High Court Of Madhya Pradesh
WP-24317-2019
(SMT. SHAMSHAD BEGAM @ SHAMA Vs UNION OF INDIA)
1
Jabalpur, Dated : 20-11-2019
Per : Vijay Kumar Shukla, J.
Shri Krishna Kumar Gupta, Advocate for the petitioner. Shri Mohan Sausarkar, Advocate for the respondent nos. 1, 3 and 4. Shri Bhupesh Tiwari, Government Advocate for the respondent no.2. In this petition, a challenge has been made to the award passed by the Arbitrator under the provisions of Section 3G(5) of the National Highways Act, 1956.
Learned counsel for the respondents raised preliminary objection that the petition is not maintainable as alternative remedy is available under the provisions of Arbitration and Conciliation Act, 1996, which is applicable in the present case after the award has been passed by the Arbitrator.
Admittedly the quantum of compensation to which the petitioner is entitled, cannot be considered and decided by this court in writ proceedings.
In view of the aforesaid, the petition filed by the petitioner is disposed of with liberty to the petitioner to avail the statutory alternative remedy available to the petitioner under the Arbitration and Conciliation Act of 1996 in accordance with law against the award passed by the Arbitrator.
With the aforesaid liberty, the petition filed by the petitioner stands disposed of.
(AJAY KUMAR MITTAL) (VIJAY KUMAR SHUKLA)
CHIEF JUSTICE JUDGE
hsp
Digitally signed by HAR SAHAY
PATERIYA
Date: 02/12/2019 11:12:21