PUNARNAVA AYURVEDA HOSPITAL PVT Vs. ARBITRATOR FOR NH

JUDGEMENT

(1.) The property of the petitioner was acquired for the purpose of widening National Highway No.66. The Special Deputy Collector (LA), the 2nd respondent, the competent authority under the National Highways Act, 1956 (hereinafter referred to as the 'N.H. Act') determined the compensation payable to the petitioner and passed Ext. P1 award. Dissatisfied with the amount determined by the competent authority, the petitioner filed Ext.P2 arbitration application dtd. 24/8/2022 under Sec. 3G (5) of the N.H. Act before the 1st respondent Arbitrator. Aggrieved by the delay in disposal of Ext. P2 arbitration application, the petitioner approached this Court by filing W. P. (C) No. 9997 of 2023 and this Court, by judgment dtd. 12/4/2023, disposed of the writ petition directing the Arbitrator to dispose of Ext. P2 arbitration application within two months from the date of receipt of the copy of the judgment after hearing the parties.

(2.) Pending Ext. P2 arbitration application, the petitioner filed Ext.P4 application dtd. 4/7/2023 for appointment of an Advocate Commissioner with a Surveyor and Technical person to conduct inspection of the properties and to file a report with sketch plan showing the lie, nature, commercial importance, appurtenance to National Highway and other aspects. The 2nd respondent filed Ext. P5 objection dtd. 25/7/2023 to Ext. P4 application. Ext.P4 application for appointment of Advocate Commissioner was rejected by the Arbitrator by Ext.P6 order upholding the contention of the 2nd respondent, the competent authority that the valuation of the land and structures has already been done after site inspection and observing all the legal formalities and pointing out the time frame fixed by this Court for disposal of Ext. P2 arbitration application.

(3.) Ext.P6 order is impugned in the writ petition contending that when the provisions of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Arbitration Act') are applicable to Ext. P2 proceedings, the Arbitrator is having jurisdiction under Sec. 26 of the Arbitration Act to appoint an Advocate Commissioner with Surveyor and Technical person and to report to the Arbitrator for adjudication of the dispute and rejection of the application amounts to jurisdictional error.