Swami Samarth Shetakari Wa Vindakari Sahakari Soot Girani Ltd. v. The Arbitrator And Additional Collector Solapur And ANR
by HEMANT CHANDERSEN SHIV Date:
2021.10.25 15:28:28 +0530 HEMANT CHANDERSEN SHIV hcs 1/2 49.w6972.21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6972 OF 2021 Swami Samarth Shetakari Wa Vinakari Sahakari Soot Girani Ltd.
... Petitioner V/s.
The Arbitrator and Additional Collector, Solapur & Anr.
... Respondents Mr.Surel S. Shah for the Petitioner.
Ms.R.M.Shinde AGP for the Respondent-State.
CORAM : PRASANNA B. VARALE & MADHAV JAMDAR, JJ.
DATED : 21ST OCTOBER, 2021 P.C:- 1.
As very limited grievance is raised in this Petition, the same is taken up for final disposal at the admission stage. 2.
Learned Counsel for the Petitioner states that the Petitioner is a Co-operative Society registered under the provisions of the Maharashtra Co-operative Societies Act whereas Respondent No.1 is authority appointed under the National Highways Act, 1956 for adjudicating dispute regarding compensation awarded under the said Act.
3.
Learned Counsel for the Petitioner invited our attention to certain documents to submit that lands of the Petitioner were acquired for construction of road i.e. Solapur for National Highways Project No.150 (E). Road from Solapur to Gulbarga. Learned Counsel then invited our attention to documents placed on record, namely, copies of Gat number of acquired properties. Then our attention was invited to copy of the application submitted to the authority, namely, Court of Arbitrator and Additional
hcs 2/2 49.w6972.21.doc Collector, Solapur. The application was submitted taking recourse to the provisions under section 3(G)(%) of National Highways Act, 1956. 4.
It was then submitted that the application was heard extensively and our attention was invited to copy of roznama at Exhibit-E and perusal of the copy of roznama show that on 10th August, 2021, the authority heard learned Counsel appearing for respective parties and the matter was closed for orders.
5.
Learned Counsel on instructions then submitted that this was not solitary occasion for closing the matter for orders but prior to this date also on one occasion the matter was extensively heard by authority and it was closed for orders. Learned Counsel submits that the Petitioners are awaiting for result of the proceedings for considerable length of period. This being limited grievance raised in the Petition, we deem it appropriate to dispose of the Petition with direction to Respondent No.1 to decide the application submitted to him under section 3(G)(5) of National Highway Act, 1956 bearing Arbitration Application No.1283 of 2019 as expeditiously as possible and not later than 12 weeks from the date of receipt of order of this Court.
6.
Learned AGP to inform the order to all the concerned respondents at the earliest.
7.
All concerned to act upon a copy of this order duly authenticated by the Registry of this Court.
[MADHAV JAMDAR, J.] [PRASANNA B. VARALE, J.]