M/S Om Medical Centre Pvt. Limited v. Arbitrator Cum Additional District Commissioner And Other

CWP-1270 of 2021

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-1270 of 2021 Date of decision:- 08.02.2021 M/s Om Medical Centre Pvt. Ltd.

...Petitioner

Vs.

Arbitrator-cum-Addl.District Commissioner, Palwal & ors.

...Respondents

CORAM: HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Kulbhushan Sharma, Advocate for the petitioner.

*** Ritu Bahri, J. (Oral) Petitioner is seeking direction to the respondent No. 1 to decide the petition for determination of amount of compensation immediately within reasonable time bound period, which is pending subjudice before him (P-1) bearing case No. 90 of dated 11.06.2015. Brief facts are that the commercial land along with structure of the petitioner comprising of land bearing rectangle No. 17 Killa No. 13/2 (0-7, 18/3 (0-1), 24 (0-7), Rectangle 21 Killa No. 4/1/1 total measuring 16 marlas, situated and located within the limits of Municipal Council Palwal, Tehsil and District Palwal, were acquired by respondent No. 2 and 3 for widening the existing 6 lanes of the road, vide gazette notification dated 19.11.2010. The petitioner was awarded compensation of Rs.36,42,174/-, vide award No. 31 dated 31.12.2014.

However, the petitioner filed application for redetermination of the compensation in question by the Arbitrator on the grounds mentioned in para No. 5 (a) to (k) in the application for determination of compensation by the arbitrator (P-1), which GAURAV ARORA 2021.02.09 14:43 I attest to the accuracy and integrity of this document Chandigarh was referred to the Court of respondent No. 1 bearing case No.

CWP-1270 of 2021 11.06.2015. Copy of the reply of said application is Annexure P-2. The petitioner closed his evidence on 12.08.2015, as per his statement (P-3). The case is now fixed for arguments and the next date is 08.02.2021. Issue notice of motion.

On asking of the Court, Mr. R.S. Madan, Advocate and Mr. Hitesh Pandit, Addl.A.G. Haryana accepts notice on behalf of respondent Nos. 1 and 2 and respondent No. 3 respectively. Without commenting on the merits of the case, the present petition stands disposed of by giving direction to respondent No 1 to conclude the proceedings in case No. 90 of dated 11.06.2015, within a period of four months, from the date of receipt of certified copy of this order. After deciding the matter, the report be sent to this Court. (RITU BAHRI) 08.02.2021 JUDGE G Arora Whether speaking/reasoned : Yes/No Whether reportable : Yes/No GAURAV ARORA 2021.02.09 14:43 I attest to the accuracy and integrity of this document Chandigarh