Authority: Hon'ble Manoj Kumar Tiwari, J.

Order Date: 12.08.2026

Case Overview

  • Petitioner: Rameshwar Prasad Mamgai
  • Respondents: Union of India, State of Uttarakhand, National Highways Authority of India (NHAI) and others
  • Nature of Proceeding: Writ petition (WPMS/700/2023) challenging compensation for land acquired under the National Highways Act, 1956 for widening a national highway.
  • Background: Petitioner’s land was acquired by the competent authority; the compensation determined by that authority was contested. Petitioner approached an arbitrator under Section 3G(5) of the National Highways Act.
  • Arbitration Award: Award dated 18 May 2022 (Annexure‑1) held that petitioner alone is entitled to compensation, including 12% interest.
  • Respondents’ Argument: Since an arbitral award exists in favour of the petitioner, the petitioner should file an application under Section 36 of the Arbitration and Conciliation Act, 1996.
  • Court’s Observation: The court found substance in the respondents’ contention and held that the arbitral award can be enforced under Section 36 of the Arbitration and Conciliation Act.

Final Outcome

  • The writ petition is disposed of, granting the petitioner liberty to file an application under Section 36 of the Arbitration and Conciliation Act within three weeks of this order.
  • The appropriate authority, upon receipt of a certified copy of this order, must endeavour to decide the application as early as possible, preferably within six months from the date of presentation.

Topics: Arbitration Enforcement, Land Acquisition Compensation