Chandrakant Rajkumar v. State of Manipur & Ors.

the petitioner, Mr. H. Debendra, learned GA appearing for the respondent Nos. 1 & 2 and Mr. S. Samarjeet, learned Sr.PCCG appearing for the respondent Nos. 3 & 4. The present writ petition has been filed assailing, inter alia, the order for awarding compensation dated 06-07-2021 passed by the Collector, Imphal West District, Manipur. Learned counsel appearing the petitioner submitted that as the amount of compensation awarded by the Collector is not acceptable to the petitioner, he filed objection dated 17-07-2021 to the said order for award of compensation and as the respondents have failed to consider his objection, the petitioner approached this Court by filing the present writ petition for redressing his grievances. Under Section 3 G (v) of the National Highway Act, 1956, it is provided that if the amount determined by the competent authority under sub-section (i) or sub-section (ii) is not acceptable to either of the parties, the amount shall, on application by either of the parties, be determined by the Arbitrator to be appointed by the Central Government. It has been submitted by Mr. S. Samarjeet, learned Sr.PCCG and Mr. H. Debendra, learned GA that an Arbitrator as mentioned under Section – 3 G (v) of the National Highway Act had been appointed by the Government by issuing a Notification dated 21-07-2022 and in view of appointment of such Arbitrator, the grievances raised by the petitioner can be decided by the said Arbitrator. Mr. K. Roshan, learned counsel appearing for the petitioner submitted that the petitioner may be allowed to withdraw the present writ petition with liberty to approach the Arbitrator with regard to his claim of compensation as raised in his objection dated 17-07-2021. Learned counsel also seeks liberty to allow the petitioner to raise further claims and objections before the Arbitrator if so required. In view of the submission made above and as the Arbitrator has been appointed for deciding the issues raised in the present writ petition, the prayer made on behalf of the petitioner is allowed. Accordingly, the present writ petition is hereby disposed of as withdrawn with liberty given to the petitioner to approach the said Arbitrator for deciding the issues raised in the present writ petition. It is also made clear that the petitioner can raise further grounds and claims before the Arbitrator, if so advised. Kim JUDGE Item No. 20 IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C) No. 422 of 2021 B.K John & 3 Ors ....Petitioners -Versus- State of Manipur & 3 Ors HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH BEFORE ....Respondents

17.08.2022 Heard Mr. M. Hemchandra, learned senior counsel assisted by Mr. Rohitkumar, learned counsel appearing for the petitioners, Mr. H. Debendra, learned GA appearing for the respondent Nos. 1 & 2 and Mr. S.Samarjeet, learned Sr.PCCG appearing for the respondent Nos. 3 & 4. The present writ petition has been filed assailing, inter alia, the award dated 25-05-2021 passed by the Deputy Commissioner, Kangpokpi, Manipur. Learned counsel appearing the petitioners submitted that as the amount of compensation awarded by the Deputy Commissioner, Kangpokpi is not acceptable to the petitioners, they filed objections against the said award of compensation and as the respondents have failed to consider their objections, the petitioners approached this Court by filing the present writ petition for redressing their grievances. Under Section 3 G (v) of the National Highway Act, 1956, it is provided that if the amount determined by the competent authority under sub-section (i) or sub-section (ii) is not acceptable to either of the parties, the amount shall, on application by either of the parties, be determined by the Arbitrator to be appointed by the Central Government. It has been submitted by Mr. S. Samarjeet, learned Sr.PCCG and Mr. H. Debendra, learned GA that an Arbitrator as mentioned under Section – 3 G (v) of the National Highway Act had been appointed by the Government by issuing a Notification dated 21-07-2022 and in view of appointment of such Arbitrator, the grievances raised by the petitioners can be decided by the said Arbitrator. Mr. M. Hemchandra, learned senior counsel appearing for the petitioners submitted that the petitioners may be allowed to withdraw the present writ petition with liberty to approach the Arbitrator with regard to their claim of compensation as raised in their objections. Learned senior counsel also seeks liberty to allow the petitioners to raise further claims and objections before the Arbitrator if so required. In view of the submission made above and as the Arbitrator has been appointed for deciding the issues raised in the present writ petition, the prayer made on behalf of the petitioners is allowed. Accordingly, the present writ petition is hereby disposed of as withdrawn with liberty given to the petitioners to approach the said Arbitrator for deciding the issues raised in the present writ petition. It is also made clear that the petitioners can raise further grounds and claims before the Arbitrator, if so advised. Kim JUDGE Item No. 21 IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C) No. 479 of 2021 Irom Kesho Singh & 38 Ors ....Petitioners -Versus- State of Manipur & 3 Ors HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH BEFORE ....Respondents

17.08.2022 Heard Mr. K. Roshan, learned counsel appearing for the petitioners, Mr. H. Debendra, learned GA appearing for the respondent Nos. 1 & 2 and Mr. S.Vijayanand Sharma, learned Sr.PCCG appearing for the respondent Nos. 3 & 4. The present writ petition has been filed assailing, inter alia, the order for awarding compensation dated 06-07-2021 passed by the Collector, Imphal West District, Manipur. Learned counsel appearing the petitioners submitted that as the amount of compensation awarded by the Collector is not acceptable to the petitioners, they filed objection dated 04-08-2021 to the said order for award of compensation and as the respondents have failed to consider their objection, the petitioners approached this Court by filing the present writ petition for redressing their grievances. Under Section 3 G (v) of the National Highway Act, 1956, it is provided that if the amount determined by the competent authority under sub-section (i) or sub-section (ii) is not acceptable to either of the parties, the amount shall, on application by either of the parties, be determined by the Arbitrator to be appointed by the Central Government. It has been submitted by Mr. S. Samarjeet, learned Sr.PCCG and Mr. H. Debendra, learned GA that an Arbitrator as mentioned under Section – 3 G (v) of the National Highway Act had been appointed by the Government by issuing a Notification dated 21-07-2022 and in view of appointment of such Arbitrator, the grievances raised by the petitioners can be decided by the said Arbitrator. Mr. K. Roshan, learned counsel appearing for the petitioners submitted that the petitioners may be allowed to withdraw the present writ petition with liberty to approach the Arbitrator with regard to their claims of compensation as raised in their objection dated 04-08-2021. Learned counsel also seeks liberty to allow the petitioners to raise further claims and objections before the Arbitrator if so required. In view of the submission made above and as the Arbitrator has been appointed for deciding the issues raised in the present writ petition, the prayer made on behalf of the petitioners is allowed. Accordingly, the present writ petition is hereby disposed of as withdrawn with liberty given to the petitioners to approach the said Arbitrator for deciding the issues raised in the present writ petition. It is also made clear that the petitioners can raise further grounds and claims before the Arbitrator, if so advised. JUDGE