WPMS/2085/2021
2021 Latest Caselaw 3990 UK

IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL
       ON THE 1ST DAY OF OCTOBER, 2021
                           BEFORE:
     HON'BLE SHRI JUSTICE MANOJ K. TIWARI

     Writ Petition (M/S) No. 2085 of 2021
BETWEEN:

Mathura Prasad                          ... Petitioner
      (By Mr. Neeraj Garg, Advocate)

AND:

4th Additional District Judge, Dehrdun
& others                             ... Respondents
      (By Mr. Yogesh Chandra Tiwari, Standing Counsel for the
      State of Uttarakhand and Mr. Raunak Pant, Advocate
      holding brief of Mr. Naresh Pant, learned counsel for
      NHAI)


                          JUDGMENT

1. According to the petitioner, his land was acquired by National Highways Authority of India for widening of NH-72 and the amount, determined by the Competent Authority Land Acquisition as compensation, was paid to him.

2. Petitioner approached Arbitrator under Section 3G(5) of National Highways Act, 1956 and the amount of compensation was enhanced vide award dated 22.10.2012. Thereafter, petitioner approached learned District Judge, Dehradun by filing an application under Section 34 of Arbitration and Conciliation Act and learned District Judge affirmed the award given by Collector.

3. It is the contention of leaned counsel for the petitioner that certain persons stake claim over the amount, determined as compensation by the Collector, and consequently, the matter was referred by the Competent Authority Land Acquisition to the District Judge, Dehradun vide letter dated 21.08.2016 under Section 3H(4) of National Highways Act, 1956, which has now been registered as Miscellaneous L.A. Case No. 125 of 2016.

4. By means of this writ petition, petitioner has sought a direction to 4th Additional District Judge, Dehradun to expedite disposal of Miscellaneous L.A. Case No. 125 of 2016.

5. Mr. Neeraj Garg, learned counsel appearing for the petitioner submits that petitioner is a senior citizen with 97 years of age, therefore, court concerned be directed to decide Miscellaneous L.A. Case No. 125 of 2016 at the earliest.

6. Having regard to the fact of the case, the writ petition is disposed of with a request to learned 4th Additional District Judge, Dehradun to decide Miscellaneous L.A. Case No. 125 of 2016 as early as possible, in accordance with law, preferably within four months from the date of production of certified copy of this order.

(Manoj Kumar Tiwari, J.) Aswal