WPMS/1153/2021
2021 Latest Caselaw 2082 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
          ON THE 28TH DAY OF JUNE, 2021
                        BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
     Writ Petition (M/S) No. 1153 OF 2021
BETWEEN:
Trilok Chand Gupta And Company                  ...Petitioner

     (By Mr. Narendra Bali, Advocate)

AND:
National Highway Authority of India
& another                           ...Respondents

     (By Mr. Naresh Pant, learned counsel for NHAI and Mr.
     T.S. Phartiyal, learned Additional C.S.C.)


                      JUDGMENT

1. Petitioner's land was acquired for widening of National Highway No. 58 (Muzaffarnagar-Haridwar Segment). The Competent Authority Land Acquisition under National Highways Act, 1956 determined the amount payable as compensation to the petitioner @ of `2,611/- per square meter.

2. Dissatisfied with the valuation made by the Competent Authority, petitioner approached the Arbitrator under Section 3G(5) of National Highways Act, 1956 and the Arbitrator enhanced the valuation of petitioner's property at the rate of `7,150/- per square meter and provided that petitioner shall also be entitled to interest @ 9% per annum.

3. NHAI thereafter filed an application under Section 34 of Arbitration and Conciliation Act challenging the award given by the Arbitrator. However, said challenge thrown under Section 34 of the Arbitration and Conciliation Act was subsequently

withdrawn by NHAI. The order dated 09.03.2021 passed by District Judge, Haridwar, on the application filed under Section 34 of Arbitration and Conciliation Act by NHAI, is on record as Annexure - 4 to the writ petition.

4. Thus, it is apparent that the award given by the Arbitrator has attained finality.

5. Learned counsel for the petitioner submits that NHAI has not deposited the amount of compensation before the Competent Authority Land Acquisition despite the provision contained in Section 3H(1) of National Highways Act, 1956. He further submits that possession of the land has been taken which could not have been taken without depositing the amount determined under Section 3G of National Highways Act.

6. Having regard to the facts and circumstances of the case, the writ petition is disposed of with a direction to the Competent Authority - Special Land Acquisition Officer, Haridwar to issue a demand note to NHAI, after calculating up- to-date interest, within two weeks from the date of production of certified copy of this order. NHAI shall deposit the amount of compensation, with accrued interest with the Competent Authority Land Acquisition / Special Land Acquisition Officer, Haridwar within six weeks. The Competent Authority Land Acquisition shall pass appropriate order for release of the amount after hearing all stakeholders, in accordance with law, within three weeks thereafter.

(MANOJ KUMAR TIWARI, J.) Aswal