Writ petition filed seeking direction to the Collector-cum-Arbitrator to dispose of a pending arbitration case for higher land compensation within a stipulated time, raising concerns over delay in resolving the matter.
Direction to dispose of the arbitration case within three months.
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W.P.(C) No. 6564 of 2020
conferencing.
Heard learned counsel for the petitioner.
Petitioner in this writ petition seeks for a direction to opposite party No.4-Collelctor-cum-Arbitrator under N.H. Act, Sambalpur to dispose of Misc.(Arbitration) Case No. 38 of 2017 arising out of L.A. Case No. 2 of 2015 within a stipulated time.
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It is contended by the petitioner his land appertaining to Hal Settlement Khata No. 150/143, Plot No. 1117/1995 measuring an area of Ac.0.04 dec. in MouzaCharmal in the district of Sambalpur was acquired by the Government for construction of four lane road of N.H. No. 42(55) which is connecting to Sambalpur and Cuttack. Thereafter award was passed in L.A. Case No. 2 of 2015. The petitioner came to know that he has been paid with low amount of compensation. Being dissatisfied with the compensation amount petitioner has filed an application before opposite party No.4 for higher compensation which was registered as Misc.(Arbitration) Case No. 38 of 2017 and the same is still pending. Hence the present writ petition to dispose of the same within a stipulated time.
Learned counsel for the petitioner submits that being not satisfied with the assessment made by the competent authority petitioner has already taken step as per Section 3-G(5) of the National Highways Act, 1956. He further submits that in the meantime the Government of India has taken a decision that the Collector of concerned
2
district will be the arbitrator.
In view of the above provision, we dispose of the writ petition with a direction to opposite No.4 to dispose of the Misc.(Arbitration) Case No. 38 of 2017 in accordance with the law after giving opportunity of hearing to the parties by end of December, 2020 on production of the certified copy of the order.
S.Panda,J.
…..……………… K.R.Mohapatra, J
3 issues framed by the court
Whether to direct the Collector-cum-Arbitrator to dispose of the pending arbitration case seeking higher compensation within a stipulated time.
Whether the petitioner has exhausted the statutory remedy under Section 3-G(5) of the National Highways Act, 1956 before filing this writ petition.
Whether the Collector-cum-Arbitrator was provided sufficient time to conduct the arbitration proceedings after being given a notice.
1 provisions across 1 enactments
Petitioner
Collector-cum-Arbitrator
S.Panda
K.R.Mohapatra
As recorded by the court registry
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