Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 9784 of 2018 Petitioner :- Lachchu Singh Respondent :- District Judge Counsel for Petitioner :- Raj Kumar Kesari
Hon'ble Mrs. Sunita Agarwal,J.
No one appears to press the present petition. There is a resolution of the High Court Bar Association to abstain from judicial work.
The prayer in the present petition is to issue a direction to the District Judge, Hapur to institute and register the Misc. Application filed by the petitioner under Section 34 of the Arbitration and Conciliation Act, 1996 (In short as "the Act, 1996") readwith Section 3G(6) of the National Highways Act, 1956 and after registering the same to decide it within a stipulated period.
A perusal of the averments made in the present petition indicates that pursuant to the notification dated 7.12.2012, an award was made by the District Judge, Hapur, in respect to the land acquired for a project as indicated therein.
The petitioner claims to be the owner of certain plots which were allegedly acquired and award with respect to which had been declared by the District Magistrate, Hapur.
In paragraph '7' of the petition, it is contended by the petitioner that being dissatisfied with the award and aggrieved by the order of rejection of his objection, an application under Section 34 of the Act, 1996 had been presented by him in the office of the District Judge, Hapur. But the employee of the concerned section, under whose supervision such applications are registered, refused to accept the application moved by the petitioner and did not provide any computer number on the same. However, a copy of the application under Section 34 of the Act, 1996 alongwith the affidavit of the petitioner dated 27/28.11.2018 has been filed as Annexure '2' to the present petition.
Having noticed the said fact, the present petition is being disposed of with the direction that the petitioner may move a fresh application in the concerned office of the District Judgeship, Hapur, alongwith certified copy of this order.
In that eventuality, the office shall accept the same after getting the defects removed, if any, in presentation thereof.
However, as to the jurisdiction of the District Judge, Hapur to entertain (adjudicate) the said application, no observation has been made by this Court.
It is further made clear that this Court has not entered into the merits of claim of the petitioner and has only granted him liberty to present the application under Section 34 of the Act, 1996, in accordance with law.
Order Date :- 28.1.2019/Brijesh