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2023 Supreme(Online)(Pat) 4215
PATNA HIGH COURT
Mr. Justice Anil Kumar Sinha
Maqbul, – Appellant
Versus
The State – Respondent
CWJC/7104/2021
Arbitrators should dispose of cases within a reasonable time.
Headnote:
ARBITRATION - DELAY IN DISPOSAL OF CASE - DIRECTION TO ARBITRATOR TO DECIDE CLAIM WITHIN A REASONABLE TIME
Fact of the Case:
The petitioner filed a claim for enhanced compensation before the Arbitrator under Section 3G5 of the National High Way Act, 1956 for the acquisition of his land for the construction of National Highway. The Arbitration Case has been pending since 2019.
Finding of the Court:
The court noted that no development had taken place in the Arbitration Case for the last three years.
Issues: Delay in disposal of arbitration case.
Ratio Decidendi: The court held that the Arbitrator should dispose of the Arbitration Case within a period of six months in accordance with law.
Final Decision: The court directed the Arbitrator to dispose of the Arbitration Case within a period of six months.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7104 of 2021
======================================================
Maqbul, Son of Late Jama Baks @ Shekh Jamawaks, resident of Village and
P.O.-Narayanpur, P.S. Manihari, District-Katihar.
... ... Petitioner/s
Versus
1.
The State of Bihar .
2.
The Collector, Katihar, District Katihar.
3.
The Additional Collector, Katihar.
4.
The Divisional Commissioner, Purnea-cum-Arbitrator Katihar.
5.
The Project Director, National Highway Authority of India, Project
implementation Unit, Purnea H/o Sri Sikander Singh, near Mahananda
Colony, Saheban Hata, P.S. K. Hat, District Purnea.
6.
The District Land Acquisition Officer, Katihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Fakhruddin Ali Ahmad
For the Respondent/s
:
Mr. Khurshid Alam, AAG-12
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2
02-01-2023
Submission of learned counsel for the petitioner is
that adequate compensation has not been given to the petitioner
for acquisition of his land for the construction of National High
Way. The petitioner has filed a claim for enhanced
compensation before the Arbitrator i.e., Divisional
Commissioner-cum-Arbitrator, Purnea under Section 3G5 of
National High Way Act, 1956 bearing Arbitration Case No.
211/2019.
The submission is that for the last three years no
development has taken place in the Arbitration Case filed by the
Patna High Court CWJC No.7104 of 2021(2) dt.02-01-2023
2/2
petitioner and a direction be issued to the Arbitrator to decide
the claim of the petitioner within a reasonable time.
Taking into consideration the nature of prayer made
by the petitioner and the fact that the Arbitration Case is
pending since 2019, the learned Divisional Commissioner-cum-
Arbitrator, Purnea is directed to dispose the Arbitration Case
No. 211/2019 within a period of six months in accordance with
law.
With the aforesaid direction and observation, the
instant petition stands disposed of.
perwez
(Anil Kumar Sinha, J)
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