The Acts provide a complete code for land acquisition and disputes. The Central Government must deposit the compensation amount before taking possession of the acquired land. The appointment of a new arbitrator was noted, and the court left the matter to the new arbitrator to decide in accordance with the provisions of the Act of 1996. The court declined to issue various directions and advised the petitioners to initiate appropriate proceedings if advised.

ORDER

Anil Kshetarpal, J. - The hearing of the case was held through video conferencing on account of restricted functioning of the Courts.

2. Through this writ petition, as many as 28 petitioners who are residents of various villages have invoked the extraordinary jurisdiction under Article 226/227 of the Constitution of India, for the following substantive reliefs:-

"i. to declare entire arbitral proceedings before Arbitrator, Patiala including subsequent and consequential proceedings arisen thereon pertaining to acquisition of land of villages Khant, Ranwan, Khamano Kalan, Manderan, Jatana Niwan, Jatana Ucha, thesil Khamano District Fatehgarh Sahib for widening of National Highway No.5 as illegal, null and void ab-initio as central government has not yet appointed any Arbitrator for holding arbitral proceedings for land acquired in the year 2018-20 of above villages.

ii. To direct the respondents to initiate criminal and departmental proceedings against arbitrator Sh. Chander Gaind, for entertaining and exercising jurisdiction without appointment orders and for passing illegal interim measures/orders against innocent land owners/petitioners at their back and for changing the orders passed in open court to favour the respondent NHAI.

iii. To direct the respondents to initiate criminal and disciplinary proceedings against the responsible officers, authorities of NHAI including legal Advisor who recommended or filed wrong cases before the arbitrator without his appointment as arbitrator even without moving application for appointment of an Arbitrator to the central government,

iv. To impose heavy cost and direct the respondents to compensate for financial loss, physical and mental harassment suffered by petitioners/landowners who are helpless for filing and contesting following wrong, false proceedings before arbitral tribunal, Disrict Courts, this Hon'ble Court:-

a. More than ten cases before arbitrator, Patiala and almost hundred of land owners were party in one matter and helpless to engage counsels and to attend proceedings.

b. Eight Civil writ petitions before this Hon'ble Court arisen due to illegal interim orders passed by arbitrator in above proceedings.

c. Eight appeals before Ld. District Court Fatehgarh Sahib.

d. Eight civil revisions preferred by NHAI which have arisen from interim stay orders passed by Ld. District Court in the above arbitral proceedings.

e. Seven review petitions before Ld. District Court.

v. To recover the entire legal charges including stationary charges incurred or paid out of account of National Highway Authority of India for engaging counsels, senior standing counsels for contesting these wrong, false cases due to negligence of concerned officials, employees of respondents, vi. To initiate strict criminal, civil proceedings against the contractors, their agents who attempted to negotiate with land owners and demanded bribe for releasing the compensation in view of awards passed by the competent authority and on refusal to same they succeeded in their illegal act to get file cases before arbitrator and procured illegal stay orders leading to withhold compensation due towards landowners/petitioners.

vii. part away the land owners from compensation caused for loss caused due to negligence and wrong proceedings initiated by NHAI and wrongful orders passed by Arbitrator.

AND

Further, to issue writ in nature of mandamus to withhold and withdraw the entire arbitral proceedings pending before respondent no.5 Arbitrator, Patiala and to appoint an independent and impartial Arbitrator because he incompetent, ineligible, biased and become de jure unable to perform his functions as a sole Arbitrator in view of provisions of section14(1) (a), section 12, and 5th and 7th schedule of the Arbitration and Conciliation Act, 1996 because:-

His son has been appointed on the penal of legal practitioner to contest cases on behalf of the National Highways of India as he has personal and vested interest in view of 5th and 7th sche