JAMEELA Vs. NATIONAL HIGHWAY AUTHORITY OF INDIA

JUDGEMENT

(1.) The appellants are the petitioners in W.P (C) No.4947/2024. That writ petition was filed by the appellants/petitioners praying inter alia that an award of the Arbitrator under Sec. 3G of the National Highways Act, 1956 (In short 'the NH Act, 1956) should be set aside as certain crucial aspects which were statutorily required to be considered were not so considered by the Arbitrator.

(2.) It is the case of the learned counsel for the appellants that the acquisition of the portion of the building including the staircase and the lift room has resulted in a situation where the appellants will have to suffer substantial costs for relocating the said facilities which will also result in the usable area of the hotel coming down. It is her case that the damages so suffered by the appellants is also a matter that should have been taken into consideration by the Arbitrator while determining the compensation payable under the provisions of the NH Act, 1956. The appellants also have a case that they have not been paid any interest in terms of the provisions contained in the NH Act, 1956.

(3.) It is thus that the appellants were before this Court seeking to set aside the award of the Arbitrator and seeking a writ of Mandamus directing the Arbitrator to re-consider the matter taking note of Exts P5 and P6 reports and the provisions of the NH Act, 1956. The learned Single Judge on a consideration of the matter held as follows:- "The contention of the petitioner is that while issuing Ext P7 order, the arbitrator did not look into Ext P5 and P6 valuation reports submitted by the Executive Engineer of the PWD. I am of the view that these are all matters which could be agitated by the petitioner by filing appropriate petition under Sec. 34 of the Arbitration and Conciliation Act 1996. So as to facilitate the petitioner to initiate proceedings as per Sec. 34 of the Arbitration and Conciliation Act, 1996, the interim order granted in the case on 12/2/2024 will continue for a period of two weeks from today. Reserving such right of the petitioner, the writ petition is disposed of."