Gurdip Kaur vs Union Of India And Ors

Harkessh Manuja, J

Present petition has been filed on behalf of the petitioner seeking following reliefs:-

“i) Issue a writ in the nature of mandamus directinng the respondentss to pay the same compensatioon to the petitioner as has been paid to the similarrly situated land owwners of the same Village i.e. Rs. 2.30/- lacs per Marla for the land acquired under the same notifiication dated 24.12.2004 for thhe same purposee issued under the Nationnal Highways Act, 1956 for widening of Jalandhaar-Pathankot NH-1A alongwith all statutory benefiits on the enhaanced compensation as per provisions of Sections 23 (1-A), 23 (2), 28 annd 34 of the Land Acquisition Act, 1894 in view of Division Bench Judgment of this Hon'ble Couurt titled M/s Golden Iron and Steel Forgings vs. Union of India and ors, 2011(4) R.C.R (Civil) 3775 and the judgmeent of Hon'ble Supreme Court of India passed in Union of India & others Vs Tarsem Singh & others (Civil Appeal No 7064/19).

ii) Issue any othher appropriate writ, order or direction which this Hon’ble Court may deem fit and proper to thhe facts and circumstances of thhe instant case.”

Having argued for some time, learned counsel for the petitioner submits that he may be granted liberty to seek arbitrationn in terms of Section 3-G(5) of National Hiighways Act, 1956, for short ‘the Act’, for seeking enhancement of commpensation.

Learned counsel representing the respondents raise no objection to the innocuous prayer made by learned counsel for the petitioner.

In view of the above, in case the petitioner/ landowner invokes arbitration in terms of Section 3-G(5) of the Act within 30 days fromm today, the same be finally decided within 06 months of the date of its presentation in accordance with law and keeping in viiew the awarrd dated 28.07.2011 (P-2) passed in Case No. MA-494 of 2009, titlled as Smt. Lilawati and ot hers Vs. Government of India and otheers pertaining to same village and same notification.

Disposed of in the above terms.

It is made clear that in case the learned Arbitrator failss to conclude the arbitration proceedings within 06 months from the date of presenntation of the claim petition, thhe petitioner shall be entitled for a litigati on costs toward delay in adjudication @ Rs.50000/- per month which shall be paid by the learnned Arbitrator.

It is made clear that nothing stated herein-above shall be construed as an expression of opinion on the merits of the claaim made by the petitioner/ landowner.

Pending misc. application(s), if any, shall also staand disposed of.