The Punjab and Haryana High Court has dismissed a Public Interest Litigation (PIL) challenging the vires of certain sections of the National Highways Act, 1956, and the Arbitration and Conciliation Act, 1996.
The PIL, filed by Jaskaran Singh and Rajwinder Singh, sought to declare unconstitutional Section 3D(4) of the National Highways Act and Section 5 of the Arbitration and Conciliation Act.
The petitioners contended that the provisions curtailed the scope of judicial review under Articles 226 and 227 of the Constitution.
They also challenged the appointment of Divisional Commissioners as Arbitrators under Section 3G(5) of the National Highways Act, alleging that it was arbitrary, malafide, and violative of the principle of natural justice.
However, the Court observed that the petitioners’ land had been acquired for the construction of a national highway, and they had already challenged the award under Section 34 of the Arbitration and Conciliation Act.
The Division Bench of Chief Justice Sheel Nagu and Justice Sudhir Singh noted that the petitioners were raising a personal cause under the guise of a PIL.
The Court declined to interfere in the matter, holding that the issues raised could be addressed in separate proceedings.
The Court also observed that the petitioners had failed to demonstrate any public interest in the matter.
In conclusion, the Court dismissed the PIL, holding that it was not maintainable.