Court No. - 4
Case :- WRIT - C No. - 31673 of 2019 Petitioner :- Deepak Tyagi Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Ramesh Prasad Mishra Counsel for Respondent :- A.S.G.I.,C.S.C.
Hon'ble Bala Krishna Narayana,J. Hon'ble Prakash Padia,J.
Learned counsel for the petitioner is permitted to correct the prayer.
Heard learned counsel for the petitioner, Sri R. K. Jaiswal, learned counsel for respondent no. 1, Sri Pawan Kumar Mishra, Advocate holding brief of Sri Pranjal Mehrotra, learned counsel for respondent no. 2 and learned Standing Counsel for respondent nos. 3 and 4.
This writ petition has been filed with the following prayers:-
"(i) issue, a writ, order or direction in the nature of mandamus commanding the Arbitrator/District Magistrate, Ghaziabad - Respondent No. 3 to decide the Arbitration Case No. 1079 of 2018 pending before him Under Section 3G(5) of the National Highway Act, 1956 within stipulate period in accordance with law.
(ii) issue, a writ, order or direction in the nature of mandamus commanding the respondent authorities to make payment of land value and compensation expeditiously within the time fixed by this Hon'ble Court.
(iii) issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case to secure the end of justice.
(iv) Award of cost of the petition to the petitioner."
After going through the averments made in the writ petition and perusing the documents appended thereto, we find that for the redressal of the grievance which has been raised by the petitioner in this writ petition he has already filed a representation before respondent no. 3 on 07.08.2019, copy whereof has been brought on record as Annexure-4 to the writ petition but the same has not been decided till date.
It is contended by learned counsel for the petitioner that a writ of mandamus be issued to the respondent no. 3 to decide the Arbitration Case No. 1079 of 2018 pending before him within a specified period.
Learned counsel appearing for respondents have no objection to the grant of the prayer made by learned counsel for the petitioner.
Having heard learned counsel for the parties and perused the material brought on record, we find that Arbitration Case No. 1079 of 2018 filed by the petitioner before him Under Section 3G(5) of the National Highways Act, is pending since February 2018. We accordingly dispose of this writ petition with the direction to respondent no. 3 to decide the aforesaid case as expeditiously as possible, preferably within a period of six months from the date of filing a certified copy of this order.
Order Date :- 27.9.2019 Swati