Court No. - 34
Case :- WRIT - C No. - 6379 of 2019 Petitioner :- Phirasat Ali Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Virendra Kumar Gupta Counsel for Respondent :- A.S.G.I.,C.S.C.,Neeraj Dube
Hon'ble Sudhir Agarwal,J. Hon'ble Rajendra Kumar-IV,J.
1. Heard Chandra Veer Singh, Advocate, holding brief of Sri Virendra Kumar Gupta, Advocate, for petitioner and Sri Neeraj Dubey, Advocate, for respondents.
2. We are informed that the acquisition has been made and compensation has already been determined vide award dated 24.10.2016 in Land Acquisition Case No. 62 of 2012 whereagainst petitioner has already made an application for Arbitration under Section 3G(5) of National Highways Act, 1956 (hereinafter referred to as “Act, 1956”) before District Magistrate, Rampur and matter is pending.
3. That being so, if petitioner wants to seek any interim order, remedy lies to approach District Magistrate under Section 9 or 17 of Arbitration and Conciliation Act, 1996 (hereinafter referred to as “Act, 1996”) and since petitioner has statutory alternative remedy of seeking injunction, we do not find that any interference in this writ petition would be justified.
4. The writ petition is, accordingly, dismissed on the ground of alternative remedy.
Order Date :- 26.2.2019 PS