In a writ petition, the Court, without adjudicating on merits, directed NHAI to dispose of Arbitration Misc. Case No. 40/2014 arising from L.A. Case No. 46(01)/2013 within three months.
Direction to NHAI to dispose of Arbitration Misc. Case No. 40/2014 within three months.
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W.P.(C.) No. 12146 of 2015
16.07.2015
Heard Mr. Patnaik, learned counsel for the petitioner and Mr. Amitav Das, lear
ned counsel for NHAI.
In this writ petition the petitioner prays for a direction to opposite party n
o.1 to dispose of Arbitration Misc. Case No. 40/2014 arising out of L.A. Case No. 46 (01)/2013
.
Mr. Das, files a counter affidavit on behalf of opposite party no.2 in Court t
oday and submits that aforesaid Arbitration case is not at all maintainable in view of Section
-3 G (5) of the National Highways Act, 1956 after receipt of the compensation amount. The affi
davit be kept on record.
Be that as it may, without going into the merits of the case, looking at the n
ature of prayer made in this writ petition, this Court directs opposite party no.1 to dispose
of the Arbitration Misc. Case No. 40/2014 arising out of L.A. Case No. 46 (01)/2013, in accord
ance with law as early as possible, preferably within a period of thee months from the date of
production of the certified copy of the order.
Learned counsel for the petitioner undertakes that the petitioner shall produc
e the certified copy of the order before opposite party no.1 within two weeks hence.
The writ petition is accordingly disposed of.
Issue urgent certified copy.
Pradip Mohanty, J
..
Biswajit Mohanty,J.
2 issues framed by the court
Whether the writ petitioner is entitled to a direction to dispose of the arbitration matter arising out of the Land Acquisition case.
The scope of maintainability of the arbitration case after receipt of compensation amount, though not finally decided.
1 provisions across 1 enactments
Petitioner
NHAI
Pradip Mohanty
Biswajit Mohanty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court