PRA COMPUTER PVT. LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. T.A. Khan, learned Senior Advocate assisted by Mr. Rakshit Joshi, learned Advocate for the appellant, Mr. B.S. Parihar, learned Standing Counsel for the State of Uttarakhand-respondent Nos.2, 4 and 5, and Mr. Naresh Pant, learned Advocate for the National Highways Authority of India-respondent No.3.

(2.) This appeal is preferred against the order passed by the learned Single Judge in WPMS No.09 of 2020 dated 03.01.2020. The appellant herein filed WPMS No.09 of 2020 seeking a writ of mandamus to the fourth respondent to decide the Arbitration proceedings pending before him, in Arbitration Case No. 51/01 of 2018, expeditiously; and for a writ of mandamus directing respondent Nos.1 to 3 and 5 not to take possession of the land of the petitioner, and not to demolish the building of the petitoner situated at Khasra No. 01/946 at village Durgapalpur Parma, Tehsil Lalkua, District Nainital till the final disposal of Arbitration Case No.51/01 of 2018 pending before respondent no.4.

(3.) Facts, to the limited extent necessary, are that the petitioner, a company registered under the Companies Act, is the owner of the subject land on which they constructed a factory which houses plant and machinery. The National Highways Authority of India (for short the "NHAI") instituted proceedings for acquisition of the subject land for the purpose of widening the existing road, and to provide for drainage etc. An order was passed on 19.05.2018 determining the compensation as Rs.1,11,17,341/-, for acquisition of the petitioner's land. The NHAI appears to have called upon the appellant-writ petitioner to furnish details of their bank account to enable the compensation amount to be deposited therein. The appellant-writ petitioner, however, invoked the jurisdiction of this Court, and has chosen not to receive the compensation till date. The justification furnished, for invoking the jurisdiction of this Court, is that, since the proceedings before the Arbitrator (District Magistrate, Nainital), appointed in terms of Section 3(G)(5) of The National Highways Act, 1956 (hereinafter referred as the "1956 Act"), is still pending adjudication before him, the petitioner should not be dispossessed in the integrum since their dispossession, and the consequential demolition of their building and removal of the plant and machinery, would result in an irreparable situation of the appellant-writ petitioner not being in a position to adduce evidence, regarding the value of the building, and the plant and machinery located therein, before the arbitrator.