ABOOBACKER P.K & RAFIYATH v. NATIONAL HIGHWAY AUTHORITY OF INDIA & OTHERS
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- A.MUHAMED MUSTAQUE
- Judgment Date
- 2020-01-08
- Court Decision / Holding
- The writ petition is disposed of as above. The court declines to interfere with Ext. P7 government order and holds that the appointment of the District Collector as Arbitrator stands. It notes that the petitioners could have challenged the appointment under the Arbitration and Conciliation Act and that the challenge to the award should have been under Sections 11/34. The petition is dismissed in respect of reliefs other than solatium, which the petitioners may pursue before the competent authority within one month, in light of Tarsem Singh.
- Final Disposition
- Writ petition dismissed; petitioners' challenge to appointment rejected; solatium remedy possible before competent authority within one month.
Parties to the Case
Appellants / Petitioners
- ABOOBACKER P.K
- RAFIYATH
Respondents
- NATIONAL HIGHWAY AUTHORITY OF INDIA
- THE PROJECT DIRECTOR, NHAI, PALAKKAD-678007
- UNION OF INDIA
- THE SPECIAL DEPUTY COLLECTOR, (SLAO) AND (ALA, NHDP), TALUK OFFICE, THRISSUR
- THE DISTRICT COLLECTOR, COLLECTORATE, THRISSUR
- DISTRICT LAND ARBITRATION COMMITTEE FOR NH 47, REPRESENTED BY ITS CHAIRMAN (DISTRICT COLLECTOR), COLLECTORATE, THRISSUR
- STATE OF KERALA
Legal Representation & Advocates
Counsels for Petitioners
- • Sri. G. Krishnakumar
- • Smt. M. L. Remya
Counsels for Respondents
- • M/S. M.V.Kini & Co., SC, NHAI
- • Sri. B.G. Bidan Chandran
- • Mr. B. Pramod, CGC
- • GOVERNMENT PLEADER
Case Synopsis & Summary
This writ petition by two landowners challenges an award under the National Highways Act, 1956, for compensation in respect of land acquired for a National Highway project. The award, dated 17 February 2013, was made by the District Collector of Thrissur in his capacity as Arbitrator under Section 3G(5) of the Act. Petitioners contend that the District Collector, who also chairs the District Level Arbitration Committee established by Government Order dated 27 July 2005 (Ext. P7), could not be an independent arbitrator, and therefore the award is vitiated by lack of neutrality. They argue that the challenge to the validity of the government order and to the arbitrator’s independence falls within the realm of arbitration law rather than writ jurisdiction; the appropriate remedy would have been under the Arbitration and Conciliation Act, 1996 (Sections 11 and 34). The petition also argues that the award should be set aside due to a lack of impartiality and the delay in challenging it. The court notes that Section 3G(6) makes the 1996 Act applicable to such arbitrators and that the government order was intended to ensure uniformity in compensation determinations. The court, however, declines to interfere with the government order and upholds the arbitration arrangement, while recognizing a possible solatium claim under the Tarsem Singh principle, which may be pursued before the competent authority within one month.
Provisions of Law Cited
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners contend that the District Collector, who presided as Chairman of the District Level Arbitration Committee formed under Government Order 239/2005, cannot act as an independent arbitrator for compensation under the National Highways Act. They challenge the validity of Exhibit P7 and argue the District Collector’s dual role undermines neutrality. They point out that the statutory framework—Section 3G(5) of the NH Act and Section 3G(6) applicability of the Arbitration and Conciliation Act, 1996—requires a proper and unbiased arbitrator, and that challenges to competence should have been under the Arbitration Act (Sections 11 and 34) rather than a writ petition. They emphasize the delay (six years) and rely on the Supreme Court decision in Tarsem Singh (2019) 9 SCC 304 to claim entitlement to solatium, which they propose to pursue before the competent authority.
Contentions of Respondents
The Respondents contend that Ext. P7, the government order constituting the District Level Arbitration Committee, is a policy/administrative matter not amenable to challenge in a writ petition. They argue the District Collector’s appointment as Arbitrator is valid under central Government authorization, and that the proper route to challenge validity or jurisdiction would be under Sections 11 or 34 of the Arbitration Act, not the writ petition. They contend the petition was filed beyond a reasonable period, and that no interference with the award is warranted. The respondents maintain that the arbitration framework is statutory and that the petitioners have not demonstrated grounds to impugn independence or competence at this stage.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Union of India and Another v. Tarsem Singh and Others | (2019) 9 SCC 304 | Positive | Cited to support the argument that solatium is a recognized remedy under the statute and may be pursued before the competent authority within a specified time frame. |
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