Jhunu Paul Chowdhury & ORS v. Union Of India & ORS

03/02/2021 Item No.31 Court No.38.

AB Through Video Conference WPA 5052 of 2020 Smt. Jhunu Paul Chowdhury & Others Vs Union of India & Others Mr. Shubhankar Nag, Mr. Rajesh Upadhyay, Ms. Surabita Biswas, Mr. Akshay Jain ...for the Petitioners.

Mr. Chandi Charan De, Mr. Anirban Sarkar ...for the State.

Ms. Manika Roy ...for the NHAI.

Affidavit of service is taken on record.

The petitioners claim to be the co-owners of a petrol pump on N.H.34. Such property was acquired under the provisions of the National Highways Act, 1956. Amount of compensation was determined by the Competent Authority. Being dissatisfied with the quantum of compensation, the petitioners invoked the provision of Section 3(G)(v) of the National Highways Act, 1956. This was sometime in the year 2015. The petitioners have approached this Court with the present writ petition with the grievance that they are absolutely in the doldrums as regards the status of the arbitration proceeding. The petitioners have not

been informed as to whether or not an Award has been made or at what stage the arbitration proceeding is. Mr. De, learned Advocate for the State submits that an Award has been made in the arbitration proceeding. A copy of the Award has been made over to the Court. Let it be retained with the records. A copy of the Award shall be forwarded to the petitioners or their learned Advocate officially by the Competent Authority within a fortnight from the date of receipt of a copy of this order from the petitioners. Nothing further remains in this writ petition. Since I have not called for any affidavit, the allegations contained in the writ petition are deemed not to be admitted by the respondents.

WPA 5052 of 2020 is, accordingly, disposed of. Urgent Photostat Certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.

(Arijit Banerjee, J.)