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2025 DAILYLAW 63132 (ALL)

RAKESH SHARMA v. UNION OF INDIA AND 5 OTHERS

WRIC/17232/2025 · 2025-05-26

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:89929-DB Court No. - 21 Case :- WRIT - C No. - 17232 of 2025 Petitioner :- Rakesh Sharma Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Anupam Kumar Shukla,Himanshu Kumar,V.R. Tiwari Counsel for Respondent :- A.S.G.I.,C.S.C.,Pranjal Mehrotra Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. Shri R.K. Jaiswal, Advocate has filed his power on behalf of respondent No. 1. 2. The petitioner has challenged the award of the Competent Authority dated 12.04.2022 and the Arbitrator dated 21.12.2024 rendered under the provisions of the National Highways Act, 1956. 3. Learned counsel for respondents No. 2, 3 & 4, Shri Devendra Kumar, submits that the petitioner has remedy to challenge the award of the Arbitrator by filing objection under Section 34 of the Arbitration and Conciliation Act 1996 read with Section 3-G(6) of National Highways Act, 1956. 4. We find force in the submission. The award of the Arbitrator is subject to challenge as per the provisions of Arbitration and Conciliation Act, 1996 in view of Section 3-G(6) of National Highways Act, 1956. 5. In view of availability of remedy under the Statue, we decline to examine the issue relating to inadequacy of the compensation awarded to the petitioner. 6. The petition stands disposed of with liberty to the petitioner to avail the remedy provided under the Statute, if so advised. Order Date :- 27.5.2025 Mukesh Kr. (Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad