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2025 DAILYLAW 12905 (UTT)

SHIV KUMAR SHARMA v. UNION OF INDIA THROUGH SECRETARY MINISTRY

WPMS/3154/2022 · 2025-02-28

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPMS No. 3154 of 2022 with WPMS No. 2322 of 2022 Hon’ble Manoj Kumar Tiwari, J. Mr. Rajveer Singh, Advocate for the petitioners. 2. Mr. Yogesh Chandra Tiwari, Standing Counsel for the State of Uttarakhand. 3. Mr. Raunak Pant, Advocate, holding brief of Mr. Naresh Pant, Advocate for the NHAI. 4. Since common questions of law and fact are involved in these writ petitions, therefore they are heard together and are being decided by a common judgment. However, for the sake of brevity, facts of Writ Petition (M/S) No. 3154 of 2022 alone are being considered and discussed. 5. According to the petitioner, his land was acquired by National Highway Authority of India for construction of the Highway, which contention, however is disputed by learned counsel appearing for the National Highway Authority of India. 6. An award was passed by Collector, Haridwar under Section 3G(5) of National Highways Authority of India, Act 1956. Petitioner challenged the said award under Section 34 of the Arbitration and Conciliation Act, 1996. 7. In this writ petition, petitioner has challenged the order passed by District Judge, Haridwar in proceedings under Section 34 of the said Act. 8. Learned counsel for the respondents raised an objection that the appropriate remedy for the petitioners would be to file Appeal under Section 37 of the Arbitration and Conciliation Act, 1996. 9. This submission is not disputed by learned counsel for the petitioners. 10. Accordingly, the writ petitions are dismissed on the ground of alternate remedy with liberty to petitioners to approach the appropriate forum under Section 37 of the Arbitration and Conciliation Act, 1996. Petitioner shall also be at liberty to claim benefit of Section 14 of the Limitation Act. (Manoj Kumar Tiwari, J.) 28.02.2025 Navin