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2026 DAILYLAW 37800 (PNJ)

HARBANS KAUR AND ORS v. 1UNION OF INDIA, THROUGH ITS SECRETARY, MINISTRY OF SHIPPING, ROAD, TRANSPORT AND HIGHWAY DEVELOP

TA/998/2026 · 2026-08-26

Harkesh Manuja

body2026

Judgment text

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TA-998-2026 (O&M) --1-- 124 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-998-2026 (O&M) Decided on:-26.08.2026 Harbans Kaur and others ….Applicants. vs. Union of India and others ….Respondents. CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Raj Kaushik, Advocate, for the applicants. ***** HARKESH MANUJA J. (Oral) 1. The present application has been filed under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of Arbitration Case No. ARB No. 752 of 2022 titled “National Highways Authority of India vs. Harbans Kaur and others”, pending before the learned Additional District Judge, Patiala, to the Court of competent jurisdiction at Sangrur. 2. Learned counsel for the applicants submits that the dispute arises out of acquisition of land situated in Village Badrukhan, Tehsil & District Sangrur for four lanning/widening of National Highway No.64. The Competent Authority passed award dated 15.01.2014 under Section 3-G of the National Highways Act, 1956 (hereinafter referred to as ‘1956 Act’). Thereafter, arbitral award was passed by the Arbitrator-cum-Commissioner, Patiala Division, Patiala on 14.03.2022. The Arbitrator did not make further enhancement but held the applicants entitled to 100% solatium with interest. SONIKA 2026.08.31 17:24 I attest to the accuracy and integrity of this document TA-998-2026 (O&M) --2-- The said award was challenged by respondent No.1-NHAI before the Additional District Judge, Patiala, by way of filing arbitration petition bearing ARB No.752-2022 under Section 34 of the Arbitration and Conciliation Act (hereinafter referred to as ‘the Act’) whereas, the applicant challenged the said award before learned Additional District Judge, Sangrur. Thus, two separate petitions under Section 34 of the Act arising from the same award and involving the same parties as well as subject matter, are pending before two different District Courts, i.e. at Sangrur and Patiala. 3. Notice of motion. 4. On the asking of the Court, Mr. K.S. Kang, Advocate, accepts notice on behalf of respondent No.1, whereas, Mr. Gunjan Mehta, Addl. Advocate General, Punjab, accepts notice on behalf of respondents No.3 & 4. 5. I have heard learned counsel for the parties and gone through the paper book. 6. The power of transfer under Section 24 CPC is discretionary and is required to be exercised with the paramount consideration of securing the ends of justice. The convenience of the parties is certainly a relevant consideration; however, the Court is also required to consider whether transfer would facilitate an effective, expeditious and consistent adjudication of the disputes between the parties. 7. In the present case, the record indicates that two separate petitions under Section 34 of the Act arising from the same award, involving the same parties and subject matter, are pending before two different District Courts i.e. Sangrur and Patiala. If the proceedings are allowed to continue before different Courts, there exists a real possibility of divergent findings SONIKA 2026.08.31 17:24 I attest to the accuracy and integrity of this document TA-998-2026 (O&M) --3-- on identical questions. Consolidation of connected matters before one Court would avoid conflicting decisions, reduce multiplicity of proceedings and facilitate uniform adjudication. 8. In view of above, the present transfer application is allowed. Arbitration Case No. ARB No.752 of 2022 titled “National Highways Authority of India vs. Harbans Kaur and others”, pending before the Court of learned Additional District Judge, Patiala is ordered to be transferred to the Court of learned Additional District Judge, Sangrur. The transferor Court shall forthwith transmit the entire original record to the transferee Court. The parties shall appear before the learned Additional District Judge, Sangrur, within one month from today. 9. Pending miscellaneous application(s), if any, shall also stand disposed off. 26.08.2026 (HARKESH MANUJA) sonika JUDGE (i) Whether speaking/reasoned: Yes/No (ii) Whether reportable: Yes/ No SONIKA 2026.08.31 17:24 I attest to the accuracy and integrity of this document