RAMESH RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioners have filed this petition being aggrieved by the award dated 18.02.2013 passed in Case No.01/A82/2011 -12 under the National Highways Act, 1956.

(3.) Respondents have filed a reply and have stated that the petitioners have an alternative statutory efficacious remedy of approaching the Arbitrator, if they are aggrieved by the assessment of compensation made by the competent authority. Respondents rely upon a decision of Division Bench of this Court in the case of Kanhaiyalal Patel vs. Union of India and others, 2008 ILR(MP) 1932 wherein this Court has held that an award passed under the Act can be assailed only before the Arbitrator. Having heard learned counsel for the parties on the objection regarding maintainability, it is apparent that in view of the decision in the case of Kanhaiyalal Patel , the petitioners have an alternative statutory efficacious remedy against the award by taking up all issues regarding inadequacy of compensation before the statutory arbitrator.