Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 3789 of 2021 Petitioner :- Saurabh Gupta Respondent :- National Highway Authority Of India And 3 Others Counsel for Petitioner :- Harsh Vikram,Dharm Vir Jaiswal Counsel for Respondent :- C.S.C.,Neeraj Dube
Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioner and perused the record.
By means of this petition under Article 227 of the Constitution, the petitioner has prayed for following relief:-
"(i) Issue writ order or direction in the nature of mandamus commanding the respondent no. 2 the District Judge to decide the Misc. (Arbitration Petition) No. 04 of 2018 National Highway Authority of India versus Competent Authority Land Acquisition Bareilly and another within such time as may be fixed by this honourable court."
It is contended on behalf of the petitioner that more than seven years have been passed since the institution of miscellaneous case before the District Judge, Bareilly but no compensation has been paid till today.
Considering the facts and circumstances of the case and pleadings raised, this petition is disposed of with a direction to the court concerned to consider and decide the aforesaid "Misc. (Arbitration Petition) No. 04 of 2018 (National Highway Authority of India Versus Competent Authority Land Acquisition, Bareilly and another)" strictly in accordance with law and after recording satisfaction regarding service of summons and after giving full opportunity of hearing to all the parties concerned, as expeditiously as possible preferably within a period of eighteen months from the date of production of copy of this order.
It is clarified that the procedure prescribed for deciding such suit, shall be religiously complied with and priority shall be fixed in the order in which other pending suits, if any, have been expedited by this Court in the past.
It is further clarified that time frame provided for disposal of the case shall be deemed to be extended in the event concerned district is hit by another surge of pandemic (SARS COV- 2/COVID 19) resulting in the suspension of public movement and/or judicial working in the district concerned.
It is provided that a copy of the order available on the official website of the High Court will be taken to be authentic one.
Order Date :- 13.8.2021 IrfanUddin