HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CCP(S) No. 403/2024 In WP(C) No. 1226/2024 Nanak Chand …..Petitioner Through: Mr. Ashok Sharma, Advocate Vs V. Umashankar, Secretary to Government, Ministry of Road Transport and Highway, Jammu .….Respondents Through: Mr. Vishal Sharma, DSGI CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER (17.10.2025) 1. Mr. Vishal Sharma, learned DSGI appearing on behalf of the respondent-contemnor has submitted that the grievance of petitioner as projected in the writ petition is with regard to apportionment and not quantum of compensation, therefore, the appropriate authority for making the reference in terms of Section 3H (4) of the National Highways Act, 1956 would be the competent authority which in the instant case is the Collector. 2. It has been submitted that respondent-contemnor is vested with power to appoint arbitrator in terms of Section 3G (5) of the National Highways Act, 1956 only in respect of a dispute with regard to quantum of compensation. It has been submitted that keeping in view this legal position, the respondent-contemnor has already passed a consideration order dated 23.09.2025. A copy of the same has been produced which is taken on record. In Serial No. 17 2 CCP(S) No. 403/2024 the said order, the aforesaid position has been reiterated by the respondent-contemnor. 3. A perusal of the order of the writ Court would reveal that direction for considering the petitioner’s writ petition as a representation has been issued to respondent-contemnor and in the face of the aforesaid legal position, it would not be legally permissible for the respondent-contemnor to refer the dispute raised by the petitioner to the District Judge for determination as the appropriate authority for doing so is the Collector. 4. In order to cut short the controversy while closing the contempt proceedings against the respondent-contemnor, it is provided that the said respondent shall forward the representation of the petitioner in the shape of copy of writ petition to the concerned Collector, who shall take a decision thereon in accordance with the directions passed by the writ Court. 5. Disposed of. 6. A copy of this order be sent to respondent-contemnor. (SANJAY DHAR) JUDGE JAMMU 17.10.2025 SUNIL