ORDER
Per: Justice Vivek Agarwal The present writ petition is filed by the petitioner being aggrieved of the order passed by the Arbitrator on 06.06.2023, whereby the Arbitrator has remanded the matter to the Land Acquisition Officer.
In our considered opinion, the remand order, being also an award, is amenable to the jurisdiction of the Court prescribed under Section 34 of the Arbitration and Conciliation Act, and, therefore, the writ petition is not maintainable. As far as the order dated 22.02.2017 (Annexure P-8) passed in W.P. No.2521/2017 is concerned, it is true that the learned counsel for the petitioner had appeared in that matter, but there is no discussion in regard to the scope of Section 34 of the Arbitration and Conciliation Act in that order.
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(VIVEK AGARWAL)
JUDGE
(AVANINDRA KUMAR SINGH)
JUDGE
Therefore, that order is not binding on this Court. Thus, when there is a statutory provision and the party, be it an individual or the National Highway Authority of India, is bound by the statutory provisions, and when the same is explained to Shri Mohan Sausarkar, he prays for withdrawal of the writ petition with liberty to pursue his remedy in accordance with law and strictly in terms of the provisions contained in Section 34 of the Arbitration and Conciliation Act. Accordingly, the present writ petition is dismissed as withdrawn with the aforesaid liberty.
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