RAM AUTAR AND 9 OTHERS v. UNION OF INDIA AND 3 OTHERS
WRIC/8600/2025 · 2025-05-16
Anish Kumar Gupta, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33088 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33088 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:82488-DB HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (Sl No.30) Court No. - 21 Case :- WRIT - C No. - 8600 of 2025 Petitioner :- Ram Autar And 9 Others Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Ratnakar Pandey,Samsad Ahmed Khan Counsel for Respondent :- A.S.G.I.,Akanksha Gaur,C.S.C.,Paras Nath Rai Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. Heard Shri Shiv Kant Mishra, for the petitioners, brief holder of Shri Paras Nath Rai, Senior Central Government Standing Counsel, for respondent no.1, Shri Rajiv Gupta, learned Additional Chief Standing Counsel appearing for respondent no. 2 and Ms. Akanksha Gaur, learned counsel for respondents no.3 and 4. 2. The prayer made in the instant petition is for issuance of a writ of mandamus directing the Competent Authority to declare award pursuant to order dated 30.09.2024 passed by Additional District Judge, Court No. 6, Kanpur. 3. Case of the petitioners is that their land was acquired under the provisions of National Highways Act, 1956. An award was made by the Competent Authority on 15.02.2015. It was
challenged before the Arbitrator and the Arbitrator allowed the arbitration case and remanded the matter for fresh consideration by the Competent Authority. In pursuance thereof, the Competent Authority passed a fresh award on 21.01.2020. It was challenged by NHAI by seeking arbitration under Section 3-G(5). The Arbitrator rejected the challenge by order dated
28.03.2022. The NHAI challenged the award of the Arbitrator by filing objection under Section 34 of the Arbitration and Conciliation Act, 1996. It has been allowed by Additional District Judge, Court No. 6, Kanpur by order dated 30 September 2024. The matter has once again been remanded to the Competent Authority for decision afresh as per provisions of Act No. 30 of 2013. 4. Learned counsel for the petitioners submits another Writ Petition (C) bearing No. 42020 of 2024 (Mandanlal and 5 Others vs. Union of India and 3 Others) pertaining to the same proceeding was disposed of by order dated 20.01.2025 with direction to the Competent Authority to conclude the proceedings for declaration of award within three months. 5. Counsel for the respondents submits that they have no objection in disposal of the instant petition in same terms. 6.
Accordingly, the writ petition is disposed of by providing that the Competent Authority shall make award in terms of the order dated 30.09.2024 passed by Additional District Judge, Court No. 6, Kanpur, expeditiously, if not already declared, keeping in mind the direction issued in the previous writ petition as well as the instant order. Order Date :- 17.5.2025 Shubham Arya (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad