Punjab-Haryana High Court
National Highways Authority Of India vs Raminder Kaur And Others on 7 May, 2024
Author: Suvir Sehgal
Bench: Suvir Sehgal
Neutral Citation No:=2024:PHHC:063589
CR-6459-2023
265-1 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CR-6459-2023
Date of Decision :-07.05.2024
National Highways Authority of India
.......Petitioner
Versus
Raminder Kaur and others
.......Respondents
CORAM:- HON'BLE MR. JUSTICE SUVIR SEHGAL
Present: Mr.Vikas Chatrath, Advocate
for the petitioner.
Mr.Ranjit Saini, Advocate
for respondent No.1.
****
SUVIR SEHGAL, J. (ORAL)
1. Instant revision petition has been filed under Article 227 of the
Constitution of India, inter alia, for setting aside the impugned order dated
06.05.2023, Annexure P6, whereby some onerous conditions have been
imposed while disposing of application under Section 36 (2) of the
Arbitration and Conciliation Act, 1996 filed by the petitioner.
2. While issuing notice of motion in this petition and other
connected petitions, this Court passed the following order:
"The petitioner assails order dated 06.05.2023 (Annexure P-6)
vide which the learned District Judge while disposing of an application
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filed by the petitioner under Section 36(2) of Arbitration and Conciliation
Act, has directed the petitioner to deposit the entire awarded amount
along with interest within 2 months and has further directed that while
50% of the said amount would be released to the land owners subject to
their furnishing indemnity bonds of double the amount with one surety of
the like amount, the balance 50% be kept in the shape of FDRs, not to be
released till the final disposal of the petition filed under Section 34 of the
Arbitration and Conciliation Act, 1996.
Learned counsel submits that Hon'ble Apex court in The Project
Director National Highways Authority of India Vs. Saraswatibai
Chandrakant Shinde, Appeal No.12409 of 2022, while dealing with the
similar issue had issued the following directions:
"(i) NHAI shall deposit 50 percent of compensation amount, as
awarded by Arbitral Court, with Executing Court within period of
four weeks. Paid amount shall be released to land owners
unconditionally.
(ii) District Court, before whom proceedings under Section 34 of
Arbitration Act are pending, shall make endeavour to decide such
proceedings within period of six months from next date of hearing
before Court.
(iii) Balance amount of compensation as per Award to be passed
under Section 34 of Arbitration Act, shall be deposited by NHAI with
Executing Court within four weeks after such determination. Amount
shall also be released by Executing Court in favour of land owners
subject to rights and remedies available to parties in law."
Notice of motion for 07.05.2024.
In the meantime, the amount in question shall be
deposited/released in the manner indicated in Saraswatibai's judgment
(Supra). It is clarified that 50% of the amount shall be released
unconditionally. It is further clarified that once the 50% of the awarded
amount along with interest is released to the claimants unconditionally,
the payment of the remaining amount shall remain stayed till further
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orders.
A photocopy of this order be placed on the connected cases."
3. Mr.Saini, has put in appearance on behalf of respondent No.1.
He submits that pursuant to the above reproduced order, 50% of the
compensation amount has been released to respondent No.1.
4. In view of the above development, revision petition is disposed
of. Impugned order, Annexure P6, stands modified in terms of order dated
02.11.2023 passed by this Court.
07.05.2024 (SUVIR SEHGAL)
Brij JUDGE
Whether reasoned/speaking : Yes/No
Whether reportable : Yes/No
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