Dismissed

Satyam Kumar Srivastava and Another v. Union of India Thru. Secy. Ministry Road Transport and National Highways, New Delhi and Others

Allahabad HC27 May 2022/3168/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition regarding land compensation acquired under the National Highways Act. The Court held that instead of approaching the High Court, the petitioner should approach the District Judge under section 36 of the Arbitration and Conciliation Act pending section 34 proceedings. The Court did not entertain the writ but directed expedited proceedings and considered re

What did the court decide?

Petitioner directed to approach the court concerned under section 36 of the Arbitration and Conciliation Act; proceedings under section 34 to be expedited.

Satyam Kumar Srivastava and Another Vs Union of India… — Land Acquisition | Allahabad HC (2022)

¶1

Court No. - 2

¶2

Case :- WRIT - C No. - 3168 of 2022

¶3

Petitioner :- Satyam Kumar Srivastava And Another Respondent :- Union Of India Thru. Secy. Ministry Road Transport And National Highways, New Delhi And Others Counsel for Petitioner :- Manish Mani Sharma Counsel for Respondent :- A.S.G.I.,C.S.C.,Sarvesh Kumar Dubey

¶4

Hon'ble Devendra Kumar Upadhyaya,J. Hon'ble Subhash Vidyarthi,J.

¶5

Heard learned counsel for the petitioners, learned State Counsel and Shri Amar Shankar, Advocate holding brief of Shri Sarvesh Kumar Dubey, learned counsel representing the National Highway Authority of India.

¶6

It appears that certain land belonging to the petitioners was acquired under the National Highways Act whereupon an award was also made. The award is said to be referred to the Arbitrator and the Arbitral Award has also been made on 10.04.2017. The National Highway Authority of India has challenged the said award by moving an application under section 34 of Arbitration and Conciliation Act before the District Judge concerned.

¶7

Now, this petition has been filed with the prayer that the competent authority i.e. Additional District Magistrate (F & R), Ambedkar Nagar may be directed to take a decision into the grievance of the petitioner for payment of compensation in respect of the land acquired.

¶8

For the said purpose, a specific mechanism is available under section 36 of the Arbitration and Conciliation Act as such instead of rushing to this Court by instituting these proceedings under Article 226 of the Constitution of India, the petitioner would have been better advised to approach the court concerned by moving appropriate application under section 36 of the Arbitration and Conciliation Act.

¶9

At this juncture, learned counsel for the petitioner has relied upon an interim order passed by Hon'ble Supreme Court on 07.01.2022 in Special Leave to Appeal (C) No.2024420225/2021, National Highway Authority of India vs. Avinash Kumar and others and has submitted that National Highway Authority of India may be directed to follow the said order and accordingly the petitioner may also be permitted to withdraw 50% amount without furnishing any security and

¶10

balance 50% of the amount may be ordered to keep in an interest bearing FDR account of a nationalized bank.

¶11

The proceedings under section 34 of the Arbitration and Conciliation Act are still pending where the petitioner can move appropriate application under section 36 of the said Act and make such prayers as he may be advised including the prayer keeping in view the order dated 07.01.2022 passed by Hon'ble Supreme Court.

¶12

In view of the aforesaid, we are not inclined to entertain this writ petition which is hereby disposed of with liberty to the petitioner to approach the court concerned by way of moving appropriate application under section 36 of the Arbitration and Conciliation Act. In case any such application is made, the same shall be considered and decided by the court concerned with expedition. We also direct that the learned court below shall expedite the proceedings of section 34 of the Arbitration and Conciliation Act itself and decide the same at the earliest.

¶13

Order Date :- 27.5.2022 akhilesh/

¶14

Digitally signed by AKHILESHWAR KUMAR Date: 2022.05.27 19:02:56 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Satyam Kumar Srivastava and Another v. Union of India Thru. Secy. Ministry Road Transport and National Highways, New Delhi and Others

Case brief

What is this about?

What did the court decide?

Satyam Kumar Srivastava and Another v. Union of India Thru. Secy. Ministry Road Transport and National Highways, New Delhi and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mohan Dass Pandey Vs District Magistrate, Godna and Others

M/S Samiah International Builders Ltd. Thru. Its Authorized Signatory, Lko. Vs State of U.P. Thru. Secy. Housing Govt. of U.P. Civil Secrt. Lko. and Others

Krishn Narayan Kesharvani Vs State of U.P. Thru. Secy. Urban Development Civil Secrt. Lko. and Others

Zaafar Agha and Another Vs District Magistrate, Lucknow and Others

Veni Madhav Tiwari Vs State of U.P. Thru. Prin. Secy. Exicse Lko. and Others

Ajay Kumar Vs State of U.P. Thru. Prin. Secy. (Housing and Urban Planning) Govt. of U.P. Secrt. Lko. and Others