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2025 DAILYLAW 48183 (ALL)

VIJAY NANDAN PRASAD v. UNION OF INDIA THRU SECY. AND OTHERS

WRIC/61012/2012 · 2025-07-02

Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103823-DB Court No. - 3 Case :- WRIT - C No. - 61012 of 2012 Petitioner :- Vijay Nandan Prasad Respondent :- Union Of India Thru Secy. And Others Counsel for Petitioner :- B.S. Pandey,V.K. Singh Counsel for Respondent :- A.S.G.I.(2012/5645),Divakar Rai Sharma,Hari Prasad Yadav,M.C. Tripathi,Mohammad Ali,R.K. Singh Hon'ble Shekhar B. Saraf,J. Hon'ble Praveen Kumar Giri,J. 1. In the present writ petition following prayers have been made by the petitioner:- "1. Issue writ, order, or direction in the nature of certiorari quashing the impugned Award dated 01-09-2010 (Ann-21) passed by the Respondent no. 5 and Order dated 22-08-2012 (Ann-33) passed by the Respondent no. 6. a). "Issue writ order or direction in the nature of mandamus commanding the respondents to pay compensation and solasium with 18% interest to the the petitioner against constructed area in Plot No. 527, 528, 534/1,609/1,655,536 and 537. II. Issue writ, order, or direction in the nature of mandamus declaring section 3-J and 3-G of the Act No. 48 of 1956 as ultra-vires to Article 14 of the Constitution of India. III. Issue writ, order, or direction in the nature of mandamus directing the respondent no. 6 to compute the compensation of petitioner's entire notified land at the rate of Rs. 4,20,00,000/ per hectare alongwith solatium 18% interest till the date of actual payment is made. IV. Issue writ, order, or direction in the nature of mandamus directing the respondent no. 6 to grant solatium and interest in lieu of notified petitioner's Non-Z.A. Land of Plot no. 527, 534/1 609/1, 528 and 655 situate at Revenue Village-Katra, Tappa-Haveli, Tehsil-Basti Sadder, District-Basti in terms of similar to those contained under section 23(2) and 28 of the Land Acquisition Act 1894." 2. Upon perusal of the prayers, it appears that the main issue is with regard to challenge of an arbitration award dated 22.08.2012 passed by respondent No.6. This writ petition was filed within the 90 days period provided under Section 34 of the Arbitration and Conciliation Act, 1996. 3. It is trite law that an arbitration award cannot be challenged by way of writ petition and Hon'ble the Supreme Court has settled this issue in a catena of judgments. 4. In light of the same, the present writ petition is not maintainable. However, keeping in mind the fact that this writ petition is pending in this High Court for past 13 years, we dismiss this writ petition with the liberty to challenge the said award before the appropriate forum. 5. Needless to mention that the benefit of Section 14 of Limitation Act, 1963 shall apply in accordance with law. 6. In the event the petitioner files an application within a period of 30 days from the date, the court below is directed to hear the application under Section 34 of the Arbitration and Conciliation Act, 1996, expeditiously, preferably within a period of six weeks. Order Date :- 3.7.2025 K.Tiwari (Praveen Kumar Giri, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad