1 - Digambar S/o Madho Sahu @ Madhav Aged About 52 Years R/o Staff v. 1 - Union Of India National Highway Authority Of India, Project Implementation Unit, Block
Case Details
1 AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.01.22 17:22:01 +0530 2025:CGHC:3978 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5828 of 2024 1 - Digambar S/o Madho Sahu @ Madhav Aged About 52 Years R/o Staff Qr. Ward No. 37, Domanhil, P.O. Sonawani, Tah. And P.S. Chirimiri, District M.C.B. , Chhattisgarh. --- Petitioner(s) versus 1 - Union Of India National Highway Authority Of India, Project Implementation Unit, Block- F-5,m Sivraj Greens, Sihava Road, Dhamtari, District Dhamtari, Chhattssagh. 2 - National High Way Authority Of India, G 5 And 6, Sector-10,m Dwarika, New Delhi - 110075. 3 - Project Director, National Highway Authority Of India, Project Implementation Unit, Block- F-5,m Sivraj Greens, Sihava Road, Dhamtari, District Dhamtari, Chhattssagh. 4 - Collector, Raipur, District Raipur, Chhattssagh. 5 - Sub Divisional Officer (Revenue), Abhanpur, District Raipur, Chhattssagh. 2 --- Respondent(s) WPC No. 5852 of 2024 1 - Dileep Kumar S/o Late Rohan Prasad Aged About 51 Years R/o New Mines, Ward No. 35, Domanhil, P.O. Sonawani, Tahsil And P.S. Chirimiri, District M.C.B. Chhattisgarh. ---Petitioner(s) Versus 1 - State Of Chhattisgarh National Highway Authority Of India, Project Implementation Unit, Block - F- 5, Shivraj Greens, Sihava Road, Dhamtari, District Dhamtari Chhattisgarh. 2 - Union Of India Through The Secretary, Ministry Of Road Transport And Highways, Transport Bhawan, 1, Parliament Street, New Delhi - 110001. 3 - National High Way Authority Of India G 5 And 6, Sector - 10, Dwarka, New Delhi - 110075. 4 - Project Director National Highway Authority Of India, Project Implementation Unit, Block - F- 5, Shivraj Greens, Sihava Road, Dhamtari, District Dhamtari Chhattisgarh. 5 - Sub Divisional Officer (Revenue) Abhanpur, District Raipur Chhattisgarh. --- Respondent(s) WPC No. 5965 of 2024 1 - Foodo Devi W/o Ramlal Aged About 54 Years R/o Chief House Ward No. 36, Domanhil, P.O. Sonawani, Tah. And P.S. Chirimiri, Distt. M.C.B., C.G. 3 2 - Jagarnath S/o Badrinath Aged About 67 Years R/o Subhash Colony, Ward No. 35, Domanhil, P.O. Sonawani, Tah. And P.S. Chirimiri, Distt. M.C.B., C.G. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Collector, Raipur, District Raipur, C.G. 2 - Union Of India Through The Secretary, Ministry Of Road Transport And Highways, Transport Bhawan, 1, Parliament Street, New Delhi- 110001 3 - National High Way Authority Of India G 5 And 6, Sector- 10, Dwarka, New Delhi- 110075 4 - Project Director National Highway Authority Of India, Project Implementation Unit, Block - F - 5, Shivraj Greens, Sihava Road, Dhamtari, District Dhamtari, C.G. 5 - Sub- Divisional Officer (Revenue) Abhanpur, District Raipur, C.G. --- Respondent(s) WPC No. 5888 of 2024 1 - Santosh Kumar S/o Judagiram Aged About 44 Years R/o Chief House Ward No. 37, Domanhil P.O. Sonawani Tahsil P.S. Chirmiri District - M.C.B. (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Collector Raipur District - Raipur (C.G.) 4 2 - Union Of India Through The Secretary Ministry Of Road Transport And Highways Transport Bhawan 1, Parliament Street New Delhi - 110001 3 - National High Way Authority Of India G 5 And 6, Sector - 10, Dwarka New Delhi - 110075 4 - Project Director National Highway Authority Of India Project Implementation Unit Block - F- 5 Shivraj Greens Sihava Road Dhamtari District - Dhamtari (C.G.) 5 - Sub - Divisional Officer (Revenue) Abhanpur District - Raipur (C.G.) --- Respondent(s) WPC No. 5874 of 2024 1 - Jeetendra Thakur S/o Nagina Thakur Aged About 42 Years R/o Chief House Ward No. 37, Domanhil, P.O. Sonawani, Tahsil And P.S. Chirmiri, District M.C.B. Chhattisgarh. ---Petitioner(s) Versus 1 - Union Of India G 5 And 6, Sector - 10, Dwarka, New Delhi - 110075. 2 - National High Way Authority Of India G 5 And 6, Sector - 10, Dwarka, New Delhi - 110075. 3 - Project Director National Highway Authority Of India, Project Implementation Unit, Block - F - 5, Shivraj Greens, Sihava Road, Dhamtari, District Dhamtari Chhattisgarh. 4 - Collector Raipur, District Raipur Chhattisgarh. 5 5 - Sub Divisional Officer (Revenue) Abhanpur, District Raipur Chhattisgarh. ... Respondent(s) For Petitioner For respective : :
Legal Reasoning
Mr. Raj Kumar Gupta, Advocate. Ms. Annapurna Tiwari with Ms. Anmol respondents/Union of Sharma, Central Govt. Counsel. India For Respondent/NHAI in : Mr. Dhiraj Kumar Wankhede, Advocate. WPC Nos.5828/2024 and 5888/2024 For Respondent/NHAI in WPC/5965/2024 For Respondent/NHAI in WPC Nos.5852/2024 : Mr. Anand Kumar Gupta, Advocate. : Mr. Gary Mukhopadhyay, Advocate and 5874/2024 For Respondents/State : Mr. R.S. Marhas, Addl. A.G. Hon'ble Justice Shri Bibhu Datta Guru Order on Board 22/01/2025 1. Since the common facts and grounds involved in all these petitions, they are being considered and decided by this common order. 2. By the present writ petitions, the petitioners are seeking compensation from the date of issuance of modified award dated 08/11/2021, passed by the SDO(Revenue) which has been passed pursuance to the award passed by the arbitrator (NHAI) in Case No.137/B-121 year 2016-17, 136/B-121 year 2016-17, 135/B-121 year 2016-17, 134/B-121 year 2016-17 and 133/B-121 year 2016-17, respectively of village Kendri. 6 3. Learned counsel for the petitioners would submit that the arbitrator has remanded the land acquisition proceeding/award passed earlier to the competent Officer(Land Acquisition) and the amended award has been passed by the said Officer on 08/11/2021, but the enhanced amount of compensation has not be released by the respondents. 4. Learned counsel for the respondent/NHAI by referring the judgment of the Hon’ble Supreme Court in the matter of National Highways Authority of India Vs. Sheetal Jaidev Vade and Others reported in (2022) 16 SCC 391 submits that the petitioners are seeking execution of the arbitral award and the same is permissible only by filing an application under Section 36 of the Arbitration and Conciliation Act, 1996. 5. I have heard learned counsel for both the parties and perused the award dated 08/11/2021. 6. The award dated 08/11/2021 which is an amended award passed pursuance to the order/arbitral order dated 08/10/2018 passed by the Additional Collector-cum-Arbitrator (NHAI), by which, the arbitrator has remanded back the proceedings to the competent Officer under the Land Acquisition i.e. the SDO(Revenue) and pursuance to the said remand, the amended award has been passed by the SDO (Revenue) dated 08/11/2021, therefore, it is clear that the petitioners are seeking the execution of an arbitral award dated 08/10/2018 passed by the Additional Collector-cum- 7 Arbitrator (NHAI), hence, in view of the judgment of the Hon’ble Supreme Court in the matter of National Highways Authority of India Vs. Sheetal Jaidev Vade and Others, the petitioners may approach the District Judge for execution of the arbitral award under Section 36 of Arbitration and Conciliation Act, 1996.
Decision
7. With the aforesaid liberty, the writ petition is disposed of. SD/- (Bibhu Datta Guru) Judge Amardeep