Natwar Lal Agarwal v. The State of Jharkhand

----- CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner For the State For Res. No.5 : : : Mr. Tapan Kr. Mishra, Advocate Mr. Vishal Kr. Rai, A.C. to G.A.IV Mr. A. A. Andrew, A.C. to Ms. Khusboo Kataruka, Advocate ----- Order No.04 Date: 20.09.2022 The present writ petition has been filed for quashing the order as contained in memo no.1611 dated 15.09.2021 (Annexure-7 to the writ petition) passed by the Additional Collector, Gumla-cum-Arbitrator under the National Highways Act, 1956 in Misc. Case No.11 of 2021, whereby the petitioner’s objection against non-payment of appropriate compensation to him allegedly violating Section 3G(7)(a) and (d) of the National Highways Act, 1956 for acquisition of the land in question has been rejected. It is jointly submitted by learned counsel for the parties that earlier a writ petition being W.P.(C) No.4438 of 2021 (Basant Kumar Gupta Vs. The State of Jharkhand & Ors.) was filed challenging the aforesaid order dated 15.09.2021 passed by the respondent no. 3. The said writ petition was dismissed as not maintainable by this Court vide order dated 09.05.2022, giving liberty to the petitioner of the said case to take alternative/statutory/efficacious recourse under Section 34 of the Arbitration and Conciliation Act, 1996 (in short, “the Act, 1996”) against the said order passed by the respondent no. 3. Having heard learned counsel for the parties and keeping in view that the present writ petition is squarely covered by order dated

09.05.2022 passed by this Court in W.P.(C) No.4438 of 2021, the present writ petition is also dismissed as not maintainable in terms with the said order. -2- The petitioner is, however, at liberty to take alternative/ statutory/efficacious recourse under Section 34 of the Act, 1996 against the impugned order/award as contained in memo no.1611 dated 15.09.2021 passed by the respondent no. 3 in Misc. Case No. 11 of 2021. Sanjay/ (Rajesh Shankar, J.)