M/S Om Medical Centre Private Limited v. Arbitrator-Cum-Additional District Commissioner Palwal And Others

CWP-1261 of 2021

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-1261 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. 122 of dated 23.07.2015. Brief facts are that the commercial land along with structure of the petitioner comprising of land bearing Khasra No. 18/1 (0-5) and 18/3 (01) total measuring 6 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 14.01.2014. The petitioner was awarded compensation of Rs.16,69,328/-, vide award dated 26.02.2015.

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 (m) in the application for determination of compensation by the arbitrator (P-1), which was referred to the Court of respondent No. 1 bearing case No. 122 GAURAV ARORA 2021.02.09 14:43 I attest to the accuracy and integrity of this document Chandigarh dated 23.07.2015. Copy of the reply of said application is Annexure P-2.

CWP-1261 of 2021 The petitioner closed his evidence on 28.10.2015, 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. 122 of dated 23.07.2015, 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