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2026 DAILYLAW 5849 (UTT)

GURBACHAN SINGH v. NATIONAL HIGHWAYS AUTHORITIES OF INDIA

WPMS/1297/2026 · 2026-05-14

Rakesh Thapliyal

body2026

Judgment text

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2026:UHC:3730 SL. No. Dat e Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 14.05.2026 WPMS No. 1297 of 2026 Hon ’ble Rak esh Th apliyal, J. Mr. Gurbachan Singh, the petitioner, in person, Mr. Raunak Pant, learned counsel holding brief of Mr. Naresh Pant, learned counsel for the respondent no.1 and Mr. Sudhir Nailwal, learned Standing Counsel for the respondent no.2. 2. By the instant writ petition, the petitioner is praying for the following reliefs : - “i. issue writ or writs in the nature of mandamus directing / commanding the learned District Judge Udham Singh Nagar to dispose of both the connected Arbitration Case No. 108 of 2024 and Arbitration Case No. 109 of 2024 in terms of Annexure-I, II, III Page no. 9-21 as expeditiously as possible preferably within one month or within the time bound period that may be fixed by this Hon'ble Court without entertaining / allowing the unnecessary / malafide adjournments of either of the parties and after giving reasonable opportunity to petitioner / landowner to explain his written arguments and case laws and rebuttal of arguments of respondents. ii. pass any other such order or orders as this Hon'ble Court deems fit and proper in the facts and circumstances of this case and in order to do complete substantial justice to the petitioner.” 3. Learned counsel for the petitioner submits that the said Arbitration case was 2026:UHC:3730 instituted on 1st October, 2024 and as per the mandate of law, it has to be expedited within a year but the same is still pending. 4. Mr. Raunak Pant, Advocate, who appears for the National Highways Authorities, also informs to this Court that there is one pending petition filed by the petitioner with regard to the payment of CALA award, though CALA award was subsequently set aside by the Arbitrator and the same is assailed in Arbitration Case No. 108 of 2024 and Arbitration Case No. 109 of 2024 under Section 34 of the Arbitration Act, 1996. Mr. Raunak Pant, gives reference of another petition preferred by the petitioner for amount as per KALA award and as relief sought in them have direct nexus with the proceedings for expediting of which the instant writ petition has been moved and now CALA award has been aside by the Arbitrator which is now a subject matter of these two Arbitration Case No. 108 of 2024 and Arbitration Case No. 109 of 2024. 5. Since the relief as sought appears to be innocuous but so far as the submission of Mr. Raunak Pant, Advocate, is concerned, the writ petition filed for disbursement of the award in terms of the CALA award, appears to be now rendered infructuous though now the same is 2026:UHC:3730 subject matter of Arbitration Case No. 108 of 2024 and Arbitration Case No. 109 of 2024 also. 6. In such view of the matter, since the relief as sought appears to be innocuous, the instant petition is disposed of finally with the direction to the learned District Judge to decide both the Arbitration Case No. 108 of 2024 and Arbitration Case No. 109 of 2024 as expeditiously as possible preferably within four months from the date of production of certified copy of this order. ( Rak esh Th apliy al, J.) 14.05.2026 Shiv/ Pant