- (1.) This petition seeks the quashing of the award dated 31 May 2017, passed by the Arbitrator under Section 3-G(5) of the National Highways Act, 1956 The Act. to the extent that instead of determining the amount of compensation payable to the petitioner, the Arbitrator has remanded the matter to the Competent Authority for a fresh determination in the light of the observations made in the award.
(2.) It is the submission of learned counsel for the petitioner, based on the provisions of sub-sections (5) and (7) of Section 3-G of the Act, that it was obligatory on the part of the Arbitrator to have determined the compensation payable to the petitioner instead of remanding the matter to the Competent Authority.
(3.) Sri Pranjal Mehrotra, learned counsel appearing for the National Highways Authority of India has also submitted that the Arbitrator should not have remitted the matter to the Competent Authority and in fact has stated that for this reason the National Highways Authority has also filed objections under Section 34 of the Arbitration and Conciliation Act, 1996.;