High CourtsSingle Bench

Mathura Prasad vs 4th Additional District Judge, Dehrdun & Others

Uttarakhand High Court · Decided on 1 October 2021 · Citation: (2021) 10 UK CK 0003

HON’BLE JUDGES
Manoj Kumar Tiwari, J
ACTS & SECTIONS REFERRED
National Highways Act, 1956 — Section 3G(5), 3H(4) · Arbitration And Conciliation Act, 1996 — Section 34
RESULT
Disposed Of
CASE NUMBER
Writ Petition (M/S) No. 2085 Of 2021
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

7 paragraphs · 282 words

Manoj K. Tiwari, J

1.

According to the petitioner, his land was acquired by National Highways Authority of India for widening of NH-72 and the amount, determined by the Competent Authority Land Acquisition as compensation, was paid to him.

2.

Petitioner approached Arbitrator under Section 3G(5) of National Highways Act, 1956 and the amount of compensation was enhanced vide award dated 22.10.2012. Thereafter, petitioner approached learned District Judge, Dehradun by filing an application under Section 34 of Arbitration and Conciliation Act and learned District Judge affirmed the award given by Collector.

3.

It is the contention of leaned counsel for the petitioner that certain persons stake claim over the amount, determined as compensation by the Collector, and consequently, the matter was referred by the Competent Authority Land Acquisition to the District Judge, Dehradun vide letter dated 21.08.2016 under Section 3H(4) of National Highways Act, 1956, which has now been registered as Miscellaneous L.A. Case No.125 of 2016.

4.

By means of this writ petition, petitioner has sought a direction to 4th Additional District Judge, Dehradun to expedite disposal of Miscellaneous L.A. Case No. 125 of 2016.

5.

Mr. Neeraj Garg, learned counsel appearing for the petitioner submits that petitioner is a senior citizen with 97 years of age, therefore, court concerned be directed to decide Miscellaneous L.A. Case No. 125 of 2016 at the earliest.

6.

Having regard to the fact of the case, the writ petition is disposed of with a request to learned 4th Additional District Judge, Dehradun to decide Miscellaneous L.A. Case No. 125 of 2016 as early as possible, in accordance with law, preferably within four months from the date of production of certified copy of this order.