Patna High Court - Orders
Jag Narayan Singh vs The Union Of India on 31 March, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.342 of 2022
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Baleshwar Singh Son of Late Shatrudhan Singh Resident of Village- Karishat,
P.S. Udwant Nagar, District-Bhojpur.
... ... Petitioner/s
Versus
1. The Project Director, National Highway Authority of India, Patna.
2. The Joint Commissioner Cum Secretary Regional Transport Authority, Patna
Commissionery, Patna.
3. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms Department, Government of Bihar, Patna.
4. The Secretary, Land Acquisition and Land Reforms Department,
Government of Bihar, Patna.
5. The Director, Land Acquisition and Land Reforms Department, Government
of Bihar, Patna.
6. Arbitrator Cum, Commissioner Patna Division, Patna.
7. The District Land Acquisition Officer, Bhojpur, Ara.
8. The Land Acquisition Officer, Bhojpur, Ara.
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 380 of 2022
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Rajendra Singh son of Late Indradev Singh resident of Village- Karishat, P.S.
Udwant Nagar, District- Bhojpur.
... ... Petitioner/s
Versus
1. National Highway Authority of India Ministry of Road Transport and
Highways, Government of India, New Delhi.
2. The Project Director, National Highway Authority of India, Patna.
3. The Joint Commissioner cum Secretary Regional Transport Authority, Patna
Commissionery, Patna.
4. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms Department, Government of Bihar, Patna.
5. The Secretary, Land Acquisition and Land Reforms Department,
Government of Bihar, Patna.
6. The Director, Land Acquisition and Land Reforms Department, Government
of Bihar, Patna.
7. Arbitrator Cum, Commissioner Patna Division, Patna
8. The District Land Acquisition Officer, Bhojpur, Ara
9. The Land Acquisition Officer, Bhojpur, Ara
Patna High Court CWJC No.342 of 2022(2) dt.31-03-2022
2/5
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 778 of 2022
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Jag Narayan Singh Son of Late Jagat Narayan Singh Resident of Village -
Karishat, P.S. Udwant Nagar, District - Bhojpur.
... ... Petitioner/s
Versus
1. The Union of India through National Highway Authority of India, Ministry
of Road Transport and Highways, Government of India, New Delhi.
2. The Project Director, National Highway Authority of India, Patna.
3. The Joint Commissioner Cum Secretary Regional Transport Authority, Patna
Commissionery, Patna.
4. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms Department, Government of Bihar, Patna.
5. The Secretary, Land Acquisition and Land Reforms Department,
Government of Bihar, Patna.
6. The Director, Land Acquisition and Land Reforms Department, Government
of Bihar, Patna.
7. Arbitrator Cum, Commissioner Patna Division, Patna.
8. The District Land Acquisition Officer, Bhojpur, Ara.
9. The Land Acquisition Officer, Bhojpur, Ara.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 342 of 2022)
For the Petitioner/s : Mr. Aditya Narayan Singh.1, Adv.
For the Respondent/s : Mr. Rishi Raj Sinha ( Sc19 )
For the NHAI : Mr. Sanat Kumar Mishra, Adv.
(In Civil Writ Jurisdiction Case No. 380 of 2022)
For the Petitioner/s : Mr. Aditya Narayan Singh.1
For the Respondent/s : Mr. Rishi Raj Sinha (Sc19)
For the NHAI : Mr. Sanat Kumar Mishra, Adv.
(In Civil Writ Jurisdiction Case No. 778 of 2022)
For the Petitioner/s : Mr. Aditya Narayan Singh.1
For the Respondent/s : Mr. Dr. K.N. Singh (Asg)
For the NHAI : Mr. Sanat Kumar Mishra, Adv.
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CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH
SHARMA
ORAL ORDER
2 31-03-2022Heard the parties.
The case is being taken up from defect side. Patna High Court CWJC No.342 of 2022(2) dt.31-03-2022 3/5 Learned counsel for the petitioners is directed to submit the original petition alongwith attested affidavits and also remove all the defects pointed out by the Registry within two weeks from today.
In these writ petitions, the petitioners have come up before this Court for challenging the order passed by the Commissioner dated 21.05.2019 / 28.06.2019 while deciding the Arbitration Act and acting as Arbitrator. The power has been exercised by the Commissioner in terms of Section 3 G (5) of the NHAI Act, 1956. As per Section 3 G (6) the provisions of Arbitration and Conciliation Act, 1996 would apply to every arbitration under this Act. Thus the order passed by the Commissioner under challenge would be treated as an award passed under the Act of 1996.
The award passed by the arbitrator is final and the only recourse available to a party to the arbitration proceedings would be to challenge the same under Section 34 by removing an application before the concerned District Judge for setting aside the arbitral award.
Keeping in view, the provisions of Section 34 which applied exclusively to all the awards passed under the Act of 1996, the present writ petitions would not be maintainable Patna High Court CWJC No.342 of 2022(2) dt.31-03-2022 4/5 directly challenging the award of arbitrator.
The Division Bench of this Court in case of Pushpesh Kumar Patel Vs. Union of India and Ors. passed in C.W.J.C. No. 1696/2022 dated 24.03.2022 has observed as under:
"Petitioner lays challenge to the award dated 09.12.2021 passed by the learned Arbitrator in N.H. Arbitration Case No. 164 of 2019. The present petition, filed under Article 226 of the Constitution of India, is totally misconceived in law. The law on the issue is evidently clear as stands laid down by the Hon'ble Apex Court in (2005) 8 SCC 618, titled as SBP & CO. Vs. Patel Engineering Ltd. And Anr. (Paras-45, 46 and 47) and reiterated in (2020) 15 SCC 706, titled as M/s. Deep Industries Ltd. Vs. Oil and Natural Gas Corporation (Para-17), to which our attention is invited by Shri Sajid Salim Khan, SC-25. The petitioner ought to have taken recourse to the remedies provided under the provisions of the Arbitration and Conciliation Act, 1996.
In this view of the matter, petition is disposed of, Patna High Court CWJC No.342 of 2022(2) dt.31-03-2022 5/5 reserving liberty to the petitioner to take recourse to such other alternative remedies as are otherwise available in law."
In view of the above, the present writ petitions are dismissed leaving it open to the petitioners to pursue the remedy as above.
Accordingly, these writ petitions are dismissed.
(Sanjeev Prakash Sharma, J) amitkumar/-
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