Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 351 of 2019 Petitioner :- Mukhya Pariyojana Prabadhak And 2 Others Respondent :- Saiyad Nasim Abbas Rizvi And 4 Others Counsel for Petitioner :- Pranjal Mehrotra
Hon'ble Mrs. Sunita Agarwal,J.
The petitioners herein are aggrieved on account of pendency of the Arbitration Case No.14 of 2015 (Saiyad Nasim Abbas Rizvi & others Vs. Union of India & others) filed under Section 34 of the Arbitration and Conciliation Act' 1996 before the District Judge, Allahabad and the extension of the interim order from time to time. Learned counsel for the petitioners submit that the work of railways is being affected on account of pendency of the arbitration case.
It is contended that the acquisition with respect to the land in question has been made for a project of national importance by the railways under the Railways Act' 1989. The compensation determined by the competent authority under Section 20-F of the Act' 1889 with respect to the land acquired has been challenged before the arbitrator who has determined the dispute by arbitral award dated 28.10.2015. The Arbitration Case no.14 of 2015 has been filed challenging the arbitral award, wherein an interim order restraining the petitioners/railways from demolishing the constructions existing on the spot, has been passed on 17.05.2017.
For a period of more than one year, the arbitration case is pending before the court below and in view of the delay in disposal thereof, the public work of railways is being affected.
It is contended that the compensation determined by the competent authority as upheld by the arbitrator has been deposited and has also been released in favour of the claimants.
Perused the order sheet.
Without expressing any opinion as to the merits of the claim made by the petitioners, the present petition is being disposed of with the direction to the District Judge, Allahabad to make an endeavour to decide the Arbitration Case No.14 of 2015 (Saiyad Nasim Abbas Rizvi & others Vs. Union of India & others), expeditiously, preferably within a period of four months from the date of submission of certified copy of this order, without granting any unnecessary adjournment to any of the parties.
Order Date :- 21.1.2019 Himanshu