LAXMI NARAYAN SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India, whereby and whereunder the order dated 16.06.2018 passed by the Additional Collector cum Arbitrator, NHAI, NH 02, Hazaribag passed in Arbitration Case No.10/2017 pertaining to Land Acquisition Case No.18/12-13 has been assailed, whereby and whereunder, the prayer for enhancement of amount of compensation in lieu of acquisition of land, has been dismissed. Ms. Sweety Topno, learned counsel appearing for the Respondent-NHAI has raised the preliminary objection regarding maintainability by making reference of provision of Section 3G (6) (7) of the NHAI Act, 1956, whereby and whereunder, if the decision taken in pursuance to the provision as contained under Section 3G (5) of the Act, 1956, the same pertains to Arbitration and Conciliation Act, 1996 and as such, once the Arbitrator has taken decision, an appeal will lie under the provision of Section 34 of the Arbitration and Conciliation Act.

(2.) Upon this, Mr. Lukesh Kumar, learned counsel appearing for the petitioner, seeks permission to withdraw this writ petition with a liberty to approach before the alternative Forum for redressal of his grievance. Such submission and prayer has not been objected either by the learned counsel for the Respondent-NHAI or by the learned State counsel.

(3.) In view thereof, without interfering with the issue on merit, the writ petition stands disposed of by giving liberty to the petitioner to approach before the alternative Forum, if he so wishes. Accordingly, the writ petition stands disposed of.