Jai Janki Vallabh vs Sub Divisional Officer (Revenue) And Land Acquisition Officer,

This writ petition has been preferred by the petitioner challenging the impugned order dated 16.01.2018 (Annexure â€" P/1) passed by the

Arbitrator under Section 3-G(5) of the National Highway Act, 1956 (for brevity ' Act of 1956').

Learned counsel for the petitioner would submit that the impugned order is unsustainable and bad in law as the same has been passed without

impleading the petitioner as party and, therefore, it is liable to be set aside.

On the other hand, learned State counsel would support the order impugned.

I have heard learned counsel for the parties and perused the impugned order with utmost circumspection.

By virtue of provisions contained in Section 3-G(5) of the Act of 1956, the order has been passed by the Arbitrator and remedy available to the

petitioner is to file an application under Section 34 of the Arbitration and Conciliation Act, 1996 before the District Judge in view of provision contained

in Section 3-G(5) of the Act of 1956. Therefore, petitioner is at liberty to make an application before the appropriate authority for setting aside the

award passed by the Arbitrator in accordance with law.

With the aforesaid observation, the writ petition stands disposed of with liberty reserved in favour of the petitioner. No order as to cost(s).