Harinder Singh vs State Of Chhattisgarh

The challenge in the present writ petition is to the award passed by the respondent No.2 under the National Highways Act, 1956 (in short, the Act,

1956).

The grievance of the petitioners substantively seems to be the improper multiplier applied by the respondent No.2 while quantifying the

compensation part. According to the petitioners, the multiplier applied by the respondents and the notification for applying the said has already been

struck down by the High Court and therefore the notification cannot be applied in other cases when once it has been declared bad. This in other word

means that the petitioners are aggrieved by the compensation quantified and the multiplier applied by the State which according to the petitioners is

incorrect in the light of the order of the High Court of Chhattisgarh which has also been affirmed by the Division Bench, review against which has

also been dismissed and the matter is pending consideration before the Supreme Court.

Be that as it may, if we look into the provisions of the Act, 1956, Section 3G provides for the determination of amount payable as compensation.

Sub-section(5) of Section 3G also provides the mechanism in case if any person is aggrieved by the amount determined by the competent authority

and the recourse available is to approach the Arbitrator. The respondents in the instant case have already notified the Arbitrator to settle the dispute

so far as the quantum of compensation is concerned.

For ready reference, Section 3 G (5) of the Act of 1956 is reproduced hereinunder:

“3G(5) If the amount determined by the competent authority under sub-section (1) or sub-section (2) is not acceptable to either of the parties, the

amount shall on an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government.â€​

In the recent past also this court in a couple of writ petitions i.e. WPC No.5309 of 2021 and WPC No. 5207 of 2021 and other similar matters have

decided the issue directing the parties to avail the remedy provided under Section 3G(5) of the Act, 1956.

Based upon those decisions that this court has taken, the present writ petition also stands disposed of on identical terms. Since the Central

Government has already notified the authority to discharge the functions of the Arbitrator, the proper recourse available to the petitioners would to

avail the said remedy under Section 3G(5) of the Act, 1956.

Subject to the petitioners approaching the Arbitrator appointed by the Government within a period of 30 days from the date of receipt of copy of this

order, the Arbitrator notified shall proceed further with the matter and decide the same objectively after due consideration of the claim of the

petitioners and shall pass a reasoned and speaking order. In the event if the petitioners raise their claim within a period of 30 days time as provided,

the Arbitrator is expected to conclude the proceedings within an outer limit of six months from the date of receipt of claim of the petitioners.

With the aforesaid observation, the writ petition stands disposed of.