Court No. - 4
Case :- WRIT - C No. - 27525 of 2019 Petitioner :- Ajay Kumar And Another Respondent :- Project Director National Highway Authority Of India And 2 Others Counsel for Petitioner :- Pradeep Kumar Srivastav Counsel for Respondent :- C.S.C.,Neeraj Dube
Hon'ble Bala Krishna Narayana,J. Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioners, Sri Neeraj Dube, learned counsel for respondent Nos.1 and 2 and learned Standing Counsel for respondent No. 3.
The instant writ petition has been filed by the petitioners with the prayer to quash the order dated 13.06.2019 passed by respondent No.3/Collector District Saharanpur in exercise of his power under Section 3G(5) of the National Highways Act, 1956 (hereinafter referred as "the Act, 1956).
It is contended by Sri Neeraj Dube, learned counsel for respondent Nos.1 and 2 that in view of the provisions of Section 3G(6) of the Act, 1956, the petitioner has alternative remedy to file an objection against the impugned award under Section 34 of the Arbitration and Conciliation Act, 1996. Hence this writ petition is liable to be dismissed on the ground of alternative remedy available to the petitioner.
In view of the above, this writ petition is dismissed with liberty to the petitioners to avail alternative remedy available to them under Section 3G(6) of the Act, 1956.
Order Date :- 22.8.2019 saqlain