Pankaj Kumar Chaubey Vs the State of Jharkhand — Arbitration | Jharkhand HC (2024)

Pankaj Kumar Chaubey Vs the State of Jharkhand — Arbitration | Jharkhand HC (2024)

What the court decided

AI extract

Outcome

Liberty to the petitioners to avail the alternative remedy under section 34 of the Arbitration and Conciliation Act, 1996 in light of section 3-G(6) of the National Highways Act, 1956.

Issue for consideration

Whether the petitioners are entitled to payment of a higher amount of compensation, being aggrieved with the quantum of compensation already decided in their favour. +1 more

Ratio / Principle

This Court disposed of the petition, accepting that the petitioners' grievance over the quantum of already-decided compensation is to be pursued through the alternative remedy under section 34 of the Arbitration and Conciliation Act, 1996 in light of section 3-G(6) of the National Highways Act, 1956, and granting the petitioners liberty to avail that remedy; the Court itself did not adjudicate the quantum in the writ jurisdiction.

Detailed headnote1 paragraphs

High Court of Jharkhand, Ranchi (Hon'ble Justice Sanjay Kumar Dwivedi, sole judge), disposed of W.P.(C) No. 5962 of 2023 on 20.08.2024, filed by Pankaj Kumar Chaubey and Ashwini Kumr Choubey against the State of Jharkhand, the Deputy Commissioner/District Land Acquisition Officer cum Competent Authority/Additional Collector cum Arbitrator at Garhwa, the National Highway Authority of India and its Project Director (Durgapur), after ignoring the surviving filing defects (¶17). The prayer (¶18-19) was for payment of a higher amount of compensation. Learned counsel for the respondent State and NHAI submitted (¶20) that compensation had already been decided in the petitioners' favour, that the grievance was confined to the quantum, and that the petitioners possess an alternative remedy under section 34 of the Arbitration and Conciliation Act, 1996 in light of the provisions of section 3-G(6) of the National Highways Act, 1956. In consequence (¶21) the Court disposed of the petition granting the petitioners liberty to avail that arbitration route, without adjudicating or fixing any quantum itself. No precedent was cited and no monetary figure appears in the judgment.

IN THE HIGH COURT OF JHARKHAND, RANCHI

W.P.(C) No. 5962 of 2023

----

1) PANKAJ KUMAR CHAUBEY

Address - RO VILL PALHE KALAN PO BHOJPUR PS NAGAR UNTARI DIST GARHWA 2) ASHWINI KUMR CHOUBEY

RO VILL PALHE KALAN PO BHOJPUR PS NAGAR UNTARI DIST GARHWA

. ... Petitioners

-- Versus --

1) THE STATE OF JHARKHAND

2) THE DEPUTY COMMISSIONER GARHWA, PO AND PS AND DIST GARHWA 3) THE DISTRICT LAND ACQUISITION OFFICER CUM COMPETENT AUTHORITY GARHWA, PO AND PS AND DIST GARHWA

4) THE ADDITIONAL COLLECTOR CUM ARBITRATOR GARHWA, PO AND PS AND DIST GARHWA

5) THE NATIONAL HIGHWAY AUTHORITY OF INDIA THROUGH ITS CHAIRMAN, OFFICE AT NATIONAL HIGHWAY AUTHORITY OF INDIA G5 AND 6 SECTOR 10 PO AND PS DWARKA NEW DELHI 6) THE PROJECT DIRECTOR NATIONAL HIGHWAYS AUTHORITY OF INDIA, PIV DURGAPUR NHAI COMPLEX SECTOR 2A BIDHAN NAGAR DURGAPUR PO AND PS BIDHAN NAGAR DIST BURDWAN ( W B) ... . Respondents

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

For the Petitioner	:-	Mr. Binod Kumar, Advocate
For the State	:-	Mr. Anuj Burman, Advocate
For the NHAI	:-	Mrs.Sweety Topno, Advocate
		Mr. Amrit Raj Kisku, Advocate ----

5 /20.08.2024

The surviving defects are ignored.

Prayer in this petition has been made for payment of higher

amount of compensation.

Learned counsel for the respondent State as well as NHAI submit that compensation is already decided in favour of the petitioners however, the petitioners are aggrieved with quantum of compensation and as such the petitioners are having alternative remedy under section 34 of the Arbitration and Conciliation Act, 1996 in light of the provisions made in section 3-G(6) of National Highways Act, 1956.

In view of above, this petition is disposed of with liberty to petitioners to avail alternative remedy in light of the above provisions.

( Sanjay Kumar Dwivedi, J.)

SI/,