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Neutral Citation No. - 2025:AHC:130975-DB Court No. - 29 Case :- WRIT - C No. - 24521 of 2025 Petitioner :- Dharmveer Mittal Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Shiv Kant Mishra Counsel for Respondent :- A.S.G.I.,C.S.C.,Devendra Kumar,Santosh Kumar Singh Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard Shri Shiv Kant Mishra, learned counsel for the petitioner , Shri Ambrish Shukla, learned Additional Chief Standing Counsel for the State-respondents and Shri Santosh Kumar Singh, learned counsel for respondent -NHAI.
2. The instant petition has been filed praying for a writ of mandamus commanding the respondents to pay compensation to the petitioner in pursuance of award dated 14.8.2023, declared by Competent Authority/Special Land Acquisition Officer (Joint Organization), Pilibhit in respect of land bearing Gata No.86, area 387 sq. meters of Revenue Village Amariya, Tehsil Amariya, District Pilibhit.
3. It transpires from the record that the aforesaid land of the petitioners was acquired under the provisions of the National Highways Act, 1956. An award was declared on 14.8.2023. Being aggrieved thereby, the NHAI has filed a petition before the Arbitrator under Section 3G(5) of the National Highway Authority Act, 1956 (Act, 1956). The same is pending. However, there is no stay of the award of the Competent Authority.
4. At the very outset, learned counsel for the petitioners states that identical controversy had already been settled by this Court in the
case of Seema Rani And Another vs. Union Of India And 4 Others (WRIT - C No. - 25712 of 2024, dt. 27.09.2024) and as the
facts of the matter is squarely covered with the aforesaid judgment, similar indulgence may also be awarded to the instant petitioner and the writ petition may also be disposed of in the light of Seema Rani And Another(supra).
5. So far as the factual and legal aspect of the matter, the same is not disputed by the learned Additional Chief Standing Counsel as well as counsel for the NHAI.
6. Having regard to the facts of the case and the submissions made, we dispose of the instant petition in terms of Seema Rani And Another (supra), with the following directions: (a) The petitioner 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 petitioner within next four weeks. (c) The payment would be subject to the final outcome of the arbitration proceedings.
Order Date :- 5.8.2025 NLY Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad