ASHOK BHUSHAN, SATISH CHANDRA, JJ. - (1.) Heard learned counsel for the petitioner, learned Standing Counsel and Sri Pranjal Mehrotra learned counsel appearing for the respondent no.4.
(2.) By this writ petition, the petitioner has prayed for quashing the order dated 22.6.2009 passed by District Magistrate/Arbitrator determining the compensation for land acquired under the National Highways Act, 1956.
(3.) Sri Pranjal Mehrotra learned counsel appearing for the respondent no.4 has raised preliminary objection regarding maintainability of the writ petition. He submits that against the order dated 22.6.2009 the remedy is to seek arbitration as per the provisions of the Arbitration and Conciliation Act, 1996. He has relied upon a Division Bench decision of this Court dated 8.11.2013 in Civil Misc. Writ Petition No.45023 of 2010 in which case this Court has dismissed the writ petition challenging an award of the Arbitrator on the ground of availability of the proceedings under the Arbitration and Conciliation Act, 1996. Section 3-G of sub Section (6) of the National Highways Act, 1956 itself contemplates the arbitration proceedings. Following the aforesaid Judgment, the petitioner is to seek remedy under the provisions of sub section (6) of Section 3-G of the National Highways Act, 1956.;