RAM NIHOR v. ARBITRATOR/DISTRICT MAGISTRATE AND 2 OTHERS
WRIC/22431/2025 · 2025-07-14
Mahesh Chandra Tripathi, Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 73104 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 73104 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:113389-DB Court No. - 29 Case :- WRIT - C No. - 22431 of 2025 Petitioner :- Ram Nihor Respondent :- Arbitrator/District Magistrate And 2 Others Counsel for Petitioner :- Ramesh Chandra Pathak Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the petitioner and Ms. Uttara Bahuguna, learned Additional Chief Standing Counsel for the State-respondent and Shri Pranjal Mehrotra, learned counsel who is authorised to appear on behalf of the NHAI. 2. The instant writ petition has been preferred for a direction to the first respondent i.e. Arbitrator/District Magistrate, Basti to decide the Execution Case No. Nil/2024 (Ram Nihor v. Ministry of Road Transport & Highways Government of India and another) dated 4.7.2024 within stipulated period. 3. The record in question reflects that the land of the petitioner was commercial land but after acquisition, the competent authority had given compensation to the petitioner on the rate of agricultural land on 6.9.2018. Being aggrieved, the petitioner filed a Case No. 494 of 2018 before the Arbitrator/District Magistrate Basti, who rejected the case of the petitioner and upheld the valuation of competent authority dated 6.9.2018. Against the said order, the petitioner preferred an appeal before the learned Additional District and Sessions Judge, Court No. 6 Basti as Civil Misc. Application No. (Computer Registration No. 698/2018)701/2018 (Ram Nihor v. Ministry of Road Transport & Highways
Government of India and another), wherein, after calling the objection from the authority concerned, learned court had set aside the award dated 6.9.2018 passed by the arbitrator and also directed that the petitioner is entitled to get compensation treating the acquired land as abadi and commercial land vide order dated
30.05.2023. When the said order had not been complied by the arbitrator, the petitioner has preferred the Execution Case No. Nil/2024 (Ram Nihor v. Ministry of Road Transport & Highways Government of India and another) for execution of the order dated 30.05.2023, which is pending for consideration. As such, direction may be issued to the first respondent to decide the aforesaid case expeditiously. 4. Learned Additional Chief Standing Counsel very fairly states that in case the aforementioned case is pending for consideration, the same will be heard and decided expeditiously by the first respondent in accordance with law. 5.
In the facts and circumstances, no useful purpose would be served in keeping the writ petition pending and with the consent of the parties, the writ petition is disposed of finally with the direction to the first respondent to decide the aforementioned case of the petitioner strictly in accordance with law, as expeditiously as possible and preferably within three months from the date of production of a copy of this order before him, in case, there is no legal impediment. Order Date :- 15.7.2025 A.K.Srivastava Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad