RAJA STONE CRUSHER DHAKOLI v. GOVERNMENT OF INDIA AND OTHERS
TA/947/2026 · 2026-09-03
Harkesh Manuja
body2026
DailyLaw.ai
[ 2026 DAILYLAW 38445 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 38445 (PNJ) · dailylaw.ai ]
Judgment text
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TA-947-2026 (O&M) --1-- 112 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH TA-947-2026 (O&M) Decided on:-03.09.2026 M/s Raja Stone Crusher, Dhakoli ….Applicant. vs. Government of India through its Secretary. Ministry of Shipping, Road, Transport and Highway and others
….Respondents.
CORAM:
HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Raj Kaushik, Advocate, for the applicant. Ms. Shreya Bublani, Advocate, for respondent No.2-NHAI. Mr. Gunjan Mehta, Addl. A.G., Punjab. ***** 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. 596 of 2023 titled “Government of India and another vs. M/s Radha Stone Crusher and others”, pending before the learned Additional District Judge, Rupnagar, to the Court of competent jurisdiction at Mohali or in the alternative transfer the petition bearing ARB-21-2023, titled “M/s Raja Stone Crushers vs. Union of India etc.” from the Court of Mohali to the competent Court of Jurisdiction at Rupnagar.
2.
Learned counsel for the applicant submits that the dispute SONIKA 2026.09.09 17:21 I attest to the accuracy and authenticity of this document
TA-947-2026 (O&M) --2-- arises out of acquisition of land situated in Village Dhakoli, Tehsil Dera Bass, District SAS Nagar, Mohali for the purpose of widening National Highway No.22. The Competent Authority passed award dated 25.01.2010 granted the compensation @ Rs.2,66,20,000/- per acre. Dissatisfied with the quantum of compensation, the applicant invoked arbitration under Section 3- G(5) of the National Highways Act, 1956 (hereinafter referred to as ‘1956 Act’). Thereafter, learned Arbitrator vide impunged award dated 22.11.2022, enhanced the compensation to Rs.9,68,00,000/- per acre. The said award was challenged by respondents No.1 & 2 before the Additional District Judge, Rupnagar, by way of filing arbitration petition bearing ARB No.596- 2023, whereas, the applicant challenged the said award before learned Additional District Judge-4, Mohali, by way of filing arbitration petition No.21-2023. Thus, two separate petitions 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 Rupnagar and Mohali.
3. I have heard learned counsel for the parties and gone through the paper book.
4. 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.
5. In the present case, the record indicates that two separate petitions under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “1996 Act”) arising from the same award, SONIKA 2026.09.09 17:21 I attest to the accuracy and authenticity of this document
TA-947-2026 (O&M) --3-- involving the same parties and subject matter, are pending before two different District Courts i.e. Rupnagar and Mohali. If the proceedings are allowed to continue before different Courts, there exists a real possibility of divergent findings on identical questions. Consolidation of connected matters before one Court would avoid conflicting decisions, reduce multiplicity of proceedings and facilitate uniform adjudication.
6. In view of above, the present transfer application is allowed. Arbitration Case No.21 of 2023 titled “M/s Raja Stone Crushers vs. Union of India etc.”, pending before the Court of learned Additional District Judge- 4, Mohali is ordered to be transferred to the Court of learned Additional District Judge, Rupnagar, which shall be heard alongwith ARB/596/2023 The transferor Court shall forthwith transmit the entire original record to the transferee Court. The parties shall appear before the learned Additional District Judge, Rupnagar, within one month from today.
7. Pending miscellaneous application(s), if any, shall also stand
disposed off. 03.09.2026
(HARKESH MANUJA) sonika JUDGE (i) Whether speaking/reasoned: Yes/No (ii) Whether reportable: Yes/ No SONIKA 2026.09.09 17:21 I attest to the accuracy and authenticity of this document