Rahul Singh and Another v. Union of India and 4 Others
Case brief
What is this about?
Allahabad High Court, WRIT - C No. 1717 of 2021 (Rajesh Bindal, C.J. and Piyush Agrawal, J.), decided 04.05.2022. Writ petition praying for compensation @ ₹3000/- per square meter with interest, and additionally for trees and superstructure, on land acquired under the National Highways Act, 1956, dismissed as not maintainable: the petitioners had accepted the Arbitrator's award dated 16.09.2015 without filing objections under Section 34 of the Arbitration and Conciliation Act, 1996 and filed the writ more than five years after the award. Background: earlier award of 24.06.2010 remanded on Section 34 objections; NHAI's Section 34 objections to the 2015 award rejected by the court below with First Appeal From Order pending; petitioners' execution application pending.
What did the court decide?
Once, in proceedings under the provisions of the National Highways Act, 1956, the Arbitrator has already passed the award and the petitioners, being satisfied, did not challenge it by filing any objection under Section 34 of the Arbitration and Conciliation Act, 1996, a writ petition filed more than five years thereafter is not maintainable.