The National Highways Authority Of India v. Asraful Sekh & ORS

15.02.2022 Item No.26 Court No.18 AJ.

C.O. 2644 of 2019 (Through Video Conference) The National Highway Authority of India -Vs- Asraful Sekh & Ors.

Ms. Manika Roy.

... for the petitioner.

The order proposed to be passed in the present application under Article 227 of the Constitution of India would not cause any prejudice to the opposite parties as such, service of notice of the present application upon the said opposite parties is dispensed with.

The petitioner has initiated a proceeding for acquisition of land under Mouza Uttarhajrapota, District: Nadia.

The award passed in the said acquisition proceeding by the statutory arbitrator is under challenge in the Misc. Arbitration Case No. 57 of before the learned District Judge, Krishnagar, Nadia.

The petitioner is complaining inordinate delay in disposal of the said misc. case.

The learned Advocate for the petitioner submits that the opposite parties have received compensation but due to the pendency of the said misc. case, the petitioner is unable to take possession of the acquired lands. The petitioner, therefore, prays for a direction upon the learned

District Judge for expeditious disposal of the said misc. case.

In view of the nature of the proceeding and considering the involvement of public interest in the matter, the learned District Judge is requested to dispose of the said misc. case in accordance with law as expeditiously as possible preferably, within a period of six available effective working months of the said Court from the date of communication of this order, if the same is otherwise ready for such disposal.

The learned District Judge to adhere to the time limit fixed by this order for disposal of the said misc. case shall not entertain prayer of the parties for any unnecessary adjournment.

The petitioner is required to communicate this order to the learned advocate representing the opposite parties in the said misc. case within a week from date.

C.O. 2644 of 2019 is disposed of with the above terms without any order as costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)