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HIRANMAY BHATTACHARYYA
Kabichan Roy – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Hiranmay Bhattacharyya, J. - Affidavit-in-opposition filed by the respondent nos.2, 3 and 4 is taken on record.
2. As prayed for by the learned Advocate for the petitioner and not opposed by Mr. Ghosh, learned Advocates for the respondents, leave is granted to the learned Advocate-on- record for the petitioner to amend the cause title of the writ petition insofar as the designation of the respondent no.9 is concerned.
3. The land of the petitioner situated in Mouza - Chengpara- 53, Block - Alipurduar, Police Station and District - Alipurduar is claimed to have been acquired by the authorities of the National Highways. The grievance of the petitioner is that the petitioner being dissatisfied with the amount determined by the competent authority on account of compensation for acquisition of the land of the petitioner, approached various authorities praying for enhancement of compensation under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, 2013 Act') and the concerned authorities are sitting tight over the representation of the petitioner.
4. The learned Advocate for the petitioner subm
The interest of justice requires providing the petitioner with the basis of determination of compensation and allowing the petitioner to approach the Arbitrator if aggrieved.
Once an award is passed, the National Highways Authorities have no right to sit over such award, except approaching the arbitrator in terms of Sub Section 5 of Section 3G of the N.H. Act, 1956.
Once an award is passed under the N.H. Act, 1956, the National Highways Authorities have no right to sit over such award, except to approach the arbitrator as per the Act.
Section 3(H)(4) of the National Highways Act, 1956 enables any person interested in the compensation to file an application with the competent authority to forward the dispute to the Principal Civil ....
Petitioner must approach the appointed Arbitrator for grievances regarding compensation assessment under the National Highways Act, 1956.
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