Punjab-Haryana High Court
National Highways Authority Of India vs Ishar Singh And Others on 3 April, 2024
Author: Suvir Sehgal
Bench: Suvir Sehgal
Neutral Citation No:=2024:PHHC:044625
2024:PHHC:044625
CR-1968-2024 and
CR-2006-2024 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
116 CR-1968-2024
Date of decision:03.04.2024
NATIONAL HIGHWAYS AUTHORITY OF INDIA
... PETITIONER
V/S
ISHAR SINGH AND OTHERS ... RESPONDENTS
118 CR-2006-2024
NATIONAL HIGHWAYS AUTHORITY OF INDIA
... PETITIONER
V/S
CHARANJIT SINGH AND OTHERS ... RESPONDENTS
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present: Mr. Vikas Chatrath, Advocate,
Mr. Abhishek Singla, Advocate,
Ms. Tanya Sehgal, Advocate and
Mr. B.P.S. Thakur, Advocate
for the petitioner in both cases.
***
SUVIR SEHGAL J. (ORAL)
1. This order shall dispose of the above mentioned petitions.
2. For the sake of convenience, factual position is being taken from
CR-1968-2024.
1 of 4
Neutral Citation No:=2024:PHHC:044625
2024:PHHC:044625
CR-1968-2024 and
3. Instant revision petition has been filed under Article 227 of the
Constitution of India for setting aside order dated 30.10.2023,
Annexure P-6, whereby application filed by the petitioner under
Section 36 (2) of the Arbitration and Conciliation Act, 1996, (for
short "the Act") has been allowed and stringent conditions have
been imposed.
4. Counsel for the petitioner submits that land belonging to the
private respondent No.1 was acquired for widening and
construction of National Highway No.71 (Sangrur to
Punjab/Haryana Border Section) in District Patiala. Competent
Authority-cum-SDM Patiala awarded compensation to the land
owners vide award dated 07.11.2014, Annexure P-1. Dissatisfied
with the award, land owners filed a petition before the
Commissioner-cum-Arbitrator, Patiala, who vide award dated
03.01.2020, Annexure P-2, enhanced the compensation. Counsel
submits that the petitioners filed objection petition under Section
34 of the Act, which is pending. On an application filed under
Section 36 (2) of the Act, the learned Additional District Judge by
the impugned order stayed the operation of the award, subject to
deposit of the entire enhanced amount along with interest in terms
of the award and directed that 50% of the amount be released to
the land owners, subject to their furnishing indemnity bonds and
the balance amount be kept in a Fixed Deposit till the disposal of
the objections. He has placed reliance upon the judgments of the
2 of 4
Neutral Citation No:=2024:PHHC:044625
2024:PHHC:044625
CR-1968-2024 and
Supreme Court in The Project Director National Highways
Authority of India Versus Saraswatibai Chandrakant Shinde
and others, 2022 (5) R.A.J. 371 and National Highways
Authority of India Versus Sheetal Jaidev Vade and others, 2022
(5) R.A.J. 651 to submit that the impugned order deserves to be
modified in terms of the observations made by the Supreme Court.
5. Issue notice restricted to respondents No.1 to 3.
6. Mr. Ranjit Saini, Advocate and Mr. Nitin Mehta, Advocate have
put in appearance on behalf of respondent No.1 in both cases and
filed separate Memorandum of Appearance, which are taken on
record. Ms. Amrita Garg, AAG, Punjab, accepts notice on behalf
of respondents No.2 and 3 in both cases.
7. Counsel representing claimant-land owner does not have any
objection in case the same course is adopted as has been done by
the Supreme Court.
8. In view of the consensus between the parties, the impugned order,
Annexure P-6, is modified with the following directions:-
(i) NHAI shall deposit 50 per cent of the
compensation amount, as awarded by the Arbitral Court, with
the Executing Court within a period of four weeks. The said
amount shall be released to the land owners unconditionally.
(ii) The learned District Court, before whom the
proceedings under Section 34 of the Act are pending, shall
make an endeavour to decide such proceedings within a period
of six months.
3 of 4
Neutral Citation No:=2024:PHHC:044625
2024:PHHC:044625
CR-1968-2024 and
(iii) The balance amount of compensation as per the
order to be passed under Section 34 of the Act, shall be
deposited by the NHAI with the Executing Court within four
weeks after such determination. The said amount shall also be
released by the Executing Court in favour of the land owners
subject to the rights and remedies available to the parties in
law.
9. Both the petitions are disposed of.
03.04.2024 (SUVIR SEHGAL)
sheetal JUDGE
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
4 of 4
