Neutral Citation No. - 2025:AHC:116318-DB Court No. - 29 Case :- WRIT - C No. - 22888 of 2025 Petitioner :- Krishna Anand Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Manish Singh Counsel for Respondent :- C.S.C.,Pranjal Mehrotra Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard Sri Manish Singh, learned counsel for the petitioner, Sri Pranjal Mehrotra, learned counsel appearing for respondent nos.1 and 3 and Sri Dilip Kumar Kesarwani, learned Additional Chief Standing Counsel for the respondent nos.2,4 and 5. 2. The instant writ petition is preferred under Article 226 of Constitution of India, inter alia, for the following reliefs:- "i. Issue a writ, order, or direction in the nature of Mandamus directing the learned Arbitrator / District Magistrate (Respondent No. 4) to decide the petitioner’s application under Section 3G(5) of the National Highways Act, 1956, dated 31.05.2024, which is pending before him, without any further delay, preferably on the next date fixed; ii. Issue a writ, order, or direction in the nature of Mandamus directing the National Highways Authority of India (Respondent No. 3) to ensure that their authorized counsel remains present before the learned Arbitrator so that the arbitration proceedings are not adjourned or delayed any further." 3. Learned counsel for the petitioner submits that the petitioner had earlier preferred Writ-C No. 17328 of 2024 (Krishna Anand Vs. Union of India and 3 others), which was disposed of on 22.05.2024 according liberty to the petitioner to make fresh application for reference of the dispute to the Arbitrator as contemplated under Section 3-G (5) of the National Highways Act, 1956 (in short "NH Act") within two weeks and the competent authority was directed to refer the dispute to the Arbitrator within next four weeks. In view of the aforesaid liberty, the petitioner had instituted the proceeding under Section 3-G (5) of the NH Act. It is contended that inspite of the best endeavour, till date the said proceeding could not be finalised. In support of his submissions, he has placed reliance on the order-sheet of the said proceeding, which is also appended as Annexure-14 to the writ petition. 4. Learned counsel for the petitioner submits that as there is absolutely non- cooperation by the National Highways Authority of India (in short "NHAI") in the ongoing proceedings, such situation again compelled the petitioner to invoke the writ jurisdiction. Learned counsel for the petitioner has confined his relief for a direction to the Arbitrator/ District Magistrate under the NH Act to finalise the proceeding. 5. Per contra, Sri Pranjal Mehrotra, learned counsel for NHAI raised an objection and placed reliance on the array of parties before the Arbitrator. He submits that the proceeding is totally misconceived as effective respondents had not been impleaded as necessary party in the ongoing proceeding. As such it cannot be held that there is non-cooperation by the NHAI in the ongoing proceeding before the Arbitrator. But at the same time, he assures the Court that in case the petitioner impleads necessary party in the ongoing proceeding, definitely all endeavour shall be made on behalf of NHAI to get the proceeding finalised before the Arbitrator. 6. Considering the facts and circumstances, at this stage, we are not inclined to make any observation against the NHAI for non-cooperation in the ongoing proceedings. Once an assurance has been given that there would not be any inordinate delay in the ongoing proceedings, in the interest of justice, we observe that in the ongoing proceedings under Section 3-G(5) of the National Highways Act, 1956, the NHAI may put its appearance within a week's time and further, we direct that the proceedings under Section 3-G(5) of the National Highways Act, 1956, shall be finalised without any inordinate delay, as expeditiously as possible, preferably within a period of six weeks from the date of production of a certified copy of this order before it. 7. The writ petition stands disposed of accordingly. Order Date :- 17.7.2025 pks Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad