MANISH MATHUR, J.

1. Heard Mr. Vijay Kumar Tewari, learned Counsel for the petitioner, learned State Counsel appearing on behalf of opposite parties No.1 and Ms. Samidha, learned Counsel appearing on behalf of opposite parties No.2.

2. The petitioner has approached this Court under Article 226 of the Constitution of India with the following reliefs :

"I. To issue writ, order or direction in the form of mandamus whereby directing the opposite party No.2 to deposit the enhanced amount of the compensation along with 9% interest from the date of the possession, as declared by the Learned District Magistrate, Barabanki/Arbitrator in his arbitral award dated 18.09.2015 in the account of the Opposite Party No.1 and further to direct the Opposite Party No.1 to disburse this amount in the account of the petitioner, immediately, as soon as, the money is deposited by the Opposite Party No.2.

II. That this Hon'ble Court may pass any other order which deem fit and proper in favour of the petitioner."

3. Shorn off unnecessary details the facts of the case are as under :

The land of about 11.496 Hectare in Malinpur Village, Pargana Suryapur, Tehsil Ramsanehighat, Barabanki was sought to be acquired by the Central Government for widening National Highway No.28 from Lucknow to Uttar Pradesh/Bihar Border, by a notification issued under Section 3-A(1) of the National Highways Act, 1956 (hereinafter referred to as "Act"), published in the gazette on 1.6.2005. After holding an enquiry under Section 3-C(2) of the Act, a declaration under Section 3-D(1) of the Act was published on 18.10.2005. Thereafter, a notice under Section 3-G(3) of the Act was issued in two daily newspapers, namely, Dainik Jagran on 19.11.2005 and Nispaksh Sahara Times on 21.11.2005 inviting claims from persons interested in the land, for determining the compensation payable.

4. According to the petitioner, on coming to know the acquisition proceedings, the aggrieved persons have filed their objections, which was scrutinized by the competent authority and after scrutinizing the objections, an award was declared by the competent authority/Special Land Acquisition Officer, Barabanki on 31.8.2006, by which, compensation @ Rs.4.20 per sq. ft. was determined by the respondent No.1-Competent Authority/Special Land Acquisition Officer, Barabanki.

5. It has been pleaded that in pursuance to the aforesaid award dated 31.8.2006, though the petitioner got the basic compensation as awarded by the competent authority in respect of his land, bearing Khasra No. 277, 179, 182, 183 and 184, situated at Village Malinpur, Pargana-Suryapur, Tehsil Ram Sanehi Ghat and District Barabanki but as adequate/just compensation was not awarded, the petitioner has filed the arbitration petition, bearing No. 426/170 (14-15) (computerized case No. D-20150412001272) against the award dated 31.8.2006 before the District Magistrate, Barabanki (Arbitrator as appointed under Section 3G (5) of the Act), seeking enhancement in the rate of compensation as awarded to him vide award dated 31.8.2006.

6. According to the petitioner, the District Magistrate, Barabanki/Arbitraror, after going through the record and perusing the written arguments, has passed an order dated 18.9.2015, whereby the rate of compensation was enhanced from Rs. 4.20 per sq. ft. to Rs. 52/- per sq. ft. along with 9% interest from the date of possession. Against the arbitral award dated 18.9.2015, the respondent No.2-National Highway Authority of India has filed an appeal under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "1996 Act") before the District Judge, Barabanki, which was registered as Case No. 315 of 2015.

7. Submission of the learned Counsel for the petitioner is that in the appeal preferred by the respondent No.2, there is no stay order till date but no amount of enhanced rate of compensation as awarded by the Arbitrator vide arbitral award dated 18.9.2015 has been paid to the petitioner. On enquir