High Court of Punjab and HaryanaCWP/19598/2019disposed of

Jagir Singh (Now Deceased) Through Legal Heirs v. Government Of India And Others

2024-08-05Mr. Justice Suvir Sehgal2 pages

CWP-19598-2019 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (105) CWP-19598-2019 DATE OF DECISION:- 05.08.2024 JAGIR SINGH (DECEASED) THROUGH LEGAL HEIRS ...PETITIONERS

VERSUS

GOVERNMENT OF INDIA AND OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. Ankur Pandey, Advocate, for Mr. Manuj Nagrath, Advocate for the petitioners.

Ms. Sunint Kaur, Advocate, for Mr. Rishi Kaushal, Advocate for respondent No.2.

...

SUVIR SEHGAL, J. (Oral) 1.

By way of instant writ petition filed under Article 226/227 of the Constitution of India, petitioner has approached this Court inter alia for issuance of a writ in the nature of mandamus directing the Commissioner-cumArbitrator, Jalandhar Division, Jalandhar - respondent No.4, to decide arbitration case bearing No. M.A. No.110 of 2012, titled as Jagir Singh and others Versus Government of India and others, Annexure P-1, which is pending before him.

PARDEEP NAUTIYAL 2024.08.06 16:38 I attest to the accuracy and authenticity of this order/judgment.

CWP-19598-2019 -22.

Counsel for the petitioner submits that vide Notification dated 24.12.2004, issued under Section 3-A of National Highways Act, 1956, (for short "the Act") petitioner's land, situated in Village Dhadiala, Tehsil Dasuya, District Hoshiarpur, was acquired for improvement and widening of National Highway 1-A. He submits that aggrieved against the determination of compensation for the acquired land by respondent No.3, petitioner filed the petition under Section 3(G) of the Act, before the Commissioner-cumArbitrator, Jalandhar Division, Jalandhar - respondent No.4, for enhancement, which is pending since 2012. Counsel has made a reference to the zimni orders, Annexure P-2 (colly), passed by respondent No.4. 3.

Upon notice, response has been filed by respondent No.2, wherein, it has been submitted that the Award by the Arbitrator, is still awaited. 4.

Counsel representing respondent No.2, has submitted that the proceedings are still pending before the Arbitrator - respondent No.4. 5.

In view of above, as the reference petition filed by the petitioners under the Act, is pending for the last more than 12 years, writ petition is disposed of, with a direction to respondent No. 4, to decide the petition as expeditiously as possible, preferably within a period of four months, from the date of communication of this order.

(SUVIR SEHGAL) JUDGE 05.08.2024 Pardeep Whether Speaking/Reasoned Yes Whether Reportable Yes/No PARDEEP NAUTIYAL 2024.08.06 16:38 I attest to the accuracy and authenticity of this order/judgment.