ANOOP AGRAWAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Challenge in this petition is to an Award dtd. 6/12/2017 passed by Commissioner, Sagar Division Sagar, in purported exercise of the power under sub-sec. (5) of Sec. 3G of the National Highway Act, 1956 (for short '1956 Act'); whereby, while setting aside the Award passed by the Competent Authority, the Arbitrator has remanded the matter for fresh determination.

(2.) The issue as to whether it is within the competence of the Arbitrator under Sec. 3(G)(5) of 1956 Act, to set aside the Award and remanded the matter to the competent authority for its reconsideration, is no more res integra. A co-ordinate Bench of this Court in Writ Petition No. 18374/2014 (Santosh Soni vs National Highway Authority) and in connected batch of writ petitions decided on 23/1/2015, relying on earlier decision in Writ Petition No.5883/2011 (Radheshyam vs National Highway Authority) decided on 11/10/2011, has held :

(3.) Being not in variance with the view expressed by a coordinate Bench in Writ Petition No.5883/2011 and Writ Petition No. 18374/2014 (supra), it was beyond the competence of the Arbitrator under Sec. 3(G)(5) of 1956 Act to have set aside the Award and remanded the matter to the Competent Authority.