Court No. - 29
Case :- WRIT - C No. - 19241 of 2018 Petitioner :- Munde Devi Respondent :- Union Of India 5 Others Counsel for Petitioner :- Lakshmi Kant Trigunait,Dev Kant Trigunait Counsel for Respondent :- C.S.C.,Pranjal Mehrotra,Rajnish Kumar Rai
Hon'ble Krishna Murari,J. Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner and Sri Vijay Kumar, Advocate holding brief of Sri Rajnish Kumar Rai, who has accepted notice on behalf of respondent no. 1.
The land of the petitioner was acquired in pursuance of the notification dated 09.01.2009 for North Eastern Dedicated Carridor Bye Pass under the Indian Railways Act and award was prepared on 28.04.2011.
Aggrieved by the amount of compensation determined by the award, the petitioner appears to have invoked arbitration proceedings before the Commissioner, Allahabad Division, Allahabad which was barred by limitation and is still pending.
Prayer made by the petitioner is in two folds firstly, that a direction be issued to the respondent no. 2-Commissioner, Allahabad Division, Allahabad to expedite the arbitration proceedings and secondly, demolition notice published in local daily News Paper "Amar Ujala" dated 15.05.2018 be quashed.
In so far as the relief with respect to expediting the arbitration proceedings before the Commissioner, Allahabad is concerned, we direct the respondent no. 2 to consider and decide the said proceedings expeditiously, preferably, within a period of three months from the date of production of a certified copy of this order before him, in accordance with law after notice and opportunity of hearing to all concerned.
In so far as the demolition notice is concerned, once the land of the petitioner was acquired he is under an obligation to vacate the premises and hand over the possession to the authority.
Learned counsel for the petitioner states that it is a three storied building where the petitioner and her family members are residing, therefore, a reasonable time be allowed to her to vacate the premises.
Considering this aspect of the matter, we hereby direct the petitioner and her family members who are residing in premises to vacate the premises within three weeks, which shall be counted from today, and hand over the vacant possession to the authority. In case the vacant possession is not handed over within the time allowed, the respondent shall be at liberty to proceed against the petitioner in accordance with law.
With the aforesaid direction/observation, writ petition stands finally disposed of.
Order Date :- 28.5.2018 OP