IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7179 of 2011 MD.GUFRAN ALAM SON OF LATE SALIM UDDIN, R/O- VILLAGE- BELWA TAPU TOLA, P.S.- TOWN, DISTRICT- ARARIA. ……….. Petitioner Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, ARARIA. 3. THE COMPETENT AUTHORITY-CUM-DISTRICT LAND ACQUISITION OFFICER, ARARIA, COLLECTORATE, ARARIA. 4. THE MANAGING DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, NEW DELHI. 5. THE PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, NEW DELHI. ……………. Respondents For the petitioner : Mr. Amarnath Singh, Advocate. For the State : Mr. Ram Balak Mahto, A.G. For the N.H.A.I. : Mr. Sunil Kumar, Advocate. ----------- 4 20.05.2011 Heard learned counsels for the petitioner, the State and the N.H.A.I.. 2. Petitioner seeks a direction upon the respondents to make payment of the compensation amount of Award dated 26.2.2011 passed in Case No. 08/2010-11 in accordance with the provisions of National Highway Act, 1956 (for short “ the Act”) and the Rules framed thereunder. 3. Few facts which are not in dispute are as follows: The land owned and possessed by the petitioner was subject matter of acquisition for widening/strengthening of N.H.56. The possession of land has already been taken and the roads have been constructed thereon. The competent authority under the Act has already determined the compensation amount payable 2 to the petitioner in terms of Section 3G (1) of the Act. The said amount, under the orders of this Court, has been paid to the petitioner subject to furnishing sufficient securities. The petitioner thereafter invoked the jurisdiction of the authority under Section 3G (5) of the Act as a result whereof, the matter was referred to the Arbitrator. Learned Arbitrator after considering the grievance of the petitioner and the case of the authorities passed the arbitral Award on 18.1.2011 (Annexure-D to the counter affidavit of the authorities). It is the submission of the petitioner that the Act itself contemplate situations and provide specific provisions therefor. It is submitted that in terms of provisions contained under Section 3H of the Act read with the National Highway (Manner and Depositing the amount by the Central Government with the competent authority for acquisition of land) Rules 1998, the authorities are required to deposit the amount within a specified time limit and the petitioner is legally entitled to receive the same which may be subject to conditions. 4. Learned counsel for National Highway authorities, on the other hand, submits that the arbitral Award has already been challenged by the respondents in terms of the provisions contained under the Arbitration and Conciliation Act 1996 (for short “ the Arbitration Act”) which is made applicable to the Act in terms of provisions 3 contained under section 3G(6) of the Act. It is submitted that since the arbitral Award has already been subjected to a proceeding under the Arbitration Act, this Court may not exercise its jurisdiction under Article 226 of the Constitution of India. 5. Learned counsel for the petitioner, in reply, submitted that the petitioner has not approached this Court for enforcement of the arbitral Award. It is submitted that the Act provides a procedure where arbitral Award has already been made. The petitioner seeks a direction upon the authorities to act according to the provisions of the Act as contained in Section 3H of the Act. 6. I have considered the submissions made on behalf of the parties and perused the materials on record. The objection of the respondent authorities in this case is that the issue has already been laid before a Court for consideration in terms of provisions of the Arbitration Act and as such this Court should not exercise its jurisdiction in the matter by directing payment of the arbitral Award to the petitioner. The Act lays down specific procedure for determination of the amount of compensation initially by the competent authority and in case of any dispute and/or dissatisfaction under Section 3G (5) for getting the matter referred to the arbitrator for consideration of the matter and passing an Award. If the arbitrator has determined the 4 amount of compensation payable to the land holder then Section 3H (6) provides a procedure in the following term: “Where the amount determined by the arbitrator is in excess of the amount determined by the competent authority, the excess amount together with interest, if any, awarded under sub-section (5) shall be deposited by the Central Government in such manner as may be laid down by rules made in this behalf by that Government, with the competent authority and the provisions of sub-sections (2) to (4) shall apply to such deposit. “ 7. It would thus appear that provisions of Section 3H (2) too have been made applicable. Section 3H (2) reads as under: “As soon as may be after the amount has been deposited under sub-section (1), the competent authority shall on behalf of the Central Government pay the amount to the person or persons entitled thereto.” 8. This Court thus finds that the Act under which the acquisitions have been made itself provides a procedure which has to be complied with by the authority on whose instance the acquisitions were made. Consequently, this Court directs the respondent authorities to act strictly in terms of provisions contained under Section 3H of the Act. Since the matter has now been made subject matter of suit at the instance of the respondent authorities, this Court observes that in case of payment of amount of arbitral Award to the petitioner, appropriate sureties shall be obtained for such payment. 9. The application stands disposed of in the 5 aforesaid terms. pkj ( Kishore K. Mandal, J)