CHANDRA PRAKASH AND 11 OTHERS v. UNION OF INDIA AND 3 OTHERS
WRIC/1371/2025 · 2025-01-24
Anish Kumar Gupta, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8241 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8241 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:12574-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.37) Court No. - 21 Case :- WRIT - C No. - 1371 of 2025 Petitioner :- Chandra Prakash And 11 Others Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Ratnakar Pandey,Shiv Kant Mishra Counsel for Respondent :- A.S.G.I.,C.S.C.,Paras Nath Rai,Rajesh Kumar Jaiswal,Swetashwa Agarwal Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The request of Sri R.K. Jaiswal, learned Senior Counsel for respondent no.3 for time to obtain instructions is declined as we observe that in similar facts and circumstances a detailed order was passed after granting time to all the respondents to obtain instructions. 2. Heard Shri Shiv Kant Mishra, for the petitioners, Shri Paras Nath Rai, Senior Central Government Standing Counsel, for respondent no.1, Shri Rajiv Gupta, learned Additional Chief Standing Counsel appearing for respondent no. 2, Shri R.K. Jaiswal for respondent no.3 and Shri Swetashwa Agarwal, learned counsel for respondents no.4. 3. The prayer made in the instant petition is for issuance of a writ of mandamus directing the Competent Authority to declare award pursuant to order dated 30.09.2024 passed by Additional District Judge, Court No. 6, Kanpur. 4. Case of the petitioners is that their land was acquired under the provisions of National Highways Act, 1956. An award was made by the Competent Authority on 15.02.2015. It was challenged before the Arbitrator and the Arbitrator allowed the arbitration case and remanded the matter for fresh consideration by the Competent Authority. In pursuance thereof, the Competent Authority passed a fresh award on 21.01.2020. It was challenged by NHAI by seeking arbitration under Section 3-G(5). The Arbitrator rejected the challenge by order dated 28.03.2022. The NHAI challenged the
award of the Arbitrator by filing objection under Section 34 of the Arbitration and Conciliation Act, 1996. It has been allowed by Additional District Judge, Court No. 6, Kanpur by order dated 30 September 2024. The matter has once again been remanded to the Competent Authority for decision afresh as per provisions of Act No. 30 of 2013. 5. Submission is that Competent Authority has not made any award so far and it may be directed to pass the award within a reasonable time. 6.
Learned Additional Chief Standing Counsel, Shri Rajiv Gupta, agrees that in similar facts and circumstances, Writ Petition No. 42020 of 2024 was disposed of by order dated 20.01.2025 directing respondent no.2 to make award within three months. 7. Having regard to the said stand, we dispose of the instant petition also by providing that respondent No. 2 would conclude the proceedings pursuant to order of Additional District Judge, Court No. 6, Kanpur dated 30 September 2024 within three months from the date of communication of the instant order provided there is no legal impediment and the petitioners offer full assistance. Order Date :- 24.1.2025 Shubham Arya (Anish Kumar Gupta, J.) (Manoj Kumar Gupta,J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad