Neutral Citation No. - 2025:AHC:132868-DB Court No. - 29 Case :- WRIT - C No. - 22400 of 2025 Petitioner :- Kashif Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Samsad Ahmed Khan,Shiv Kant Mishra Counsel for Respondent :- A.S.G.I.,C.S.C.,Swetashwa Agarwal,Vaibhav Tripathi Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard Shri Shiv Kant Mishra, learned counsel for the petitioner, Shri Nagendra Pandey, learned Additional Chief Standing Counsel for the State and Shri Vaibhav Tripathi, learned counsel appearing for National Highways Authority of India (respondent nos.3 and 4). 2. The instant writ petition has been preferred for a direction commanding the respondents to ensure payment of compensation to the petitioners in pursuance of the award dated 5.3.2024 declared by the Competent Authority/Special Land Acquisition Officer (Joint Organization) Bareilly in respect of land bearing Khasra No. 731 area 0.1430 hectare of the Revenue Village Rasula Chaudhary, Tehsil & District Bareilly. 3. At the very outset, learned counsel for the respondents states that against the aforesaid award dated 05.03.2024, National Highways Authority of India (NHAI) has already preferred an application before the Arbitrator under Section 3(G)5 of the National Highways Act, 1956, which is stated to be pending consideration. He further states that in lieu of the award, the requisite amount has already been deposited to the Special Land Acquisition Officer. 4. Learned counsel for the petitioners submits that in identical facts and circumstances, a Co-ordinate Bench had passed a detailed order on 27.09.2024 in Writ-C No. 25712 of 2024 (Seema Rani And Another v. Union of India And 4 Others). The operative part of the order passed in the said writ petition is as follows:- "8. Accordingly and with consent of counsel for the parties, the petition is disposed of as follows: - (a) The petitioners will furnish indemnity bond for the entire amount before the Competent Authority within two weeks from today, along with true attested copy of the instant order. (b) Upon furnishing of the indemnity bond to the satisfaction of the Competent Authority, the amount would be released in favour of the petitioners within next four weeks. (c) The payment would be subject to the final outcome of the arbitration proceedings." 5. Learned counsel for the petitioner further states that the petitioner is ready to furnish an indemnity bond for the entire amount before the Competent Authority within two weeks from today. He also undertakes that in case the NHAI succeeds in the said proceeding, the difference amount shall be returned to it. He submits that the matter is squarely covered with the aforesaid judgment and the instant writ petition may also be disposed of in the light of judgement passed in Seema Rani (supra). 6. So far as the factual and legal aspect of the matter is concerned, the same is not disputed by learned Standing Counsel as well as learned counsel for the NHAI. 7. Considering the factual situation, the petitioner may press application, which is pending before the respondent no. 2 i.e. Competent Authority/Special Land Acquisition Officer (Joint Organization) Bareilly, wherein he may furnish indemnity bond to lift the compensation. If the NHAI is still aggrieved with the quantum of compensation, the remedy under Section 3G (5) of the Act has already been invoked and the said proceeding is stated to be pending before the Arbitrator i.e. District Magistrate, Bareilly. 8. Having regard to the facts of the case and the submissions made, we dispose of the instant petition in terms of the order passed in Seema Rani (supra). Order Date :- 5.8.2025 Ranjeet Sahu Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad