IN THE HIGH COURT AT CALCUTTA
HIRANMAY BHATTACHARYYA, J.
Nityabasi Sekh And Ors. – Petitioners
Versus
State of West Bengal And Ors. – Respondents
WPA 1922 of 2026, WPA 2137 of 2026, WPA 25931 of 2025, WPA/2134 of 2026, WPA/2139 of 2026, WPA/2148 of 2026, WPA/2157 of 2026, WPA/2164 of 2026, WPA/2165 of 2026, WPA/2167 of 2026, WPA/2168 of 2026, WPA/2171 of 2026, WPA/2310 of 2026, WPA/2312 of 2026, WPA/2315 of 2026, WPA/2322 of 2026, WPA/2325 of 2026, WPA/2327 of 2026, WPA/2332 of 2026,WPA/2334 of 2026, WPA/2501 of 2026,WPA/2510 of 2026,WPA/2910 of 2026, WPA/2914 of 2026,WPA/2918 of 2026,WPA/2925 of 2026,WPA/2930 of 2026, WPA/2937 of 2026,WPA/2943 of 2026, WPA/2951 of 2026, WPA/2954 of 2026, WPA/2956 of 2026,WPA/2959 of 2026
Decided On : 12-03-2026
JUDGMENT :
Hiranmay Bhattacharyya, J.
1.It has been pointed out by the learned advocates appearing for the State in WPA 2148 of 2026 and WPA 2956 of 2026 that their names have not been recorded in the above two matters on February 17, 2026.
2. The names of the learned advocates representing the State in WPA 2148 of 2026 and WPA 2956 of 2026 today, shall stand incorporated as the learned advocates representing the State on February 17, 2026 also for all practical purposes.
3. It has been uniformly submitted by the learned advocate appearing for the petitioner, the State and the NHAI (in WPA 25931 of 2026 and WPA 2137 of 2026) that the issue involved in these two writ petitions is same and identical with the issues involved in the batch of writ petitions, the lead case being WPA 1922 of 2026.
4. In view thereof, these two writ petitions are also taken up for analogous hearing along with the said batch.
5. Learned advocates appearing for the State in WPA 25931 of 2025 and WPA 2137 of 2026 have filed the reports of the District Magistrate as well as ADM, Land Acquisition which are taken on record. Copies of such report have been supplied to the learned advocate appearing for the petitioner.
6. Pursuant to the earlier order dated February 17, 2026, the Special Land Acquisition Officer, Nadia has filed the report dated February 20, 2026 which is taken on record. Copy of such report has been supplied to the learned advocate appearing for the petitioners.
7. Learned advocate appearing for the National Highway Authority of India also files a report which is taken on record. Copy of such report has been supplied to the learned advocate appearing for the petitioner.
8. After perusing the said reports this Court finds that the lands of the petitioner was notified under LA Case No. 4/M-3/NH/18-19 under Section 3A of the National Highways Act, 1956 on April 5, 2026; declaration under Section 3D was subsequently published on April 2, 2019 whereupon the land vested absolutely in the Central Government. The competent authority assessed the valuation and forwarded the appropriate estimate for final determination and approval by the NHAI. It is not in dispute that some of the petitioners have already received the compensation.
9. Learned advocate appearing for the petitioners raises a dispute as to the quantum of compensation determined by the competent authority.
10. Section 3G(5) of the 1956 Act states that if the amount determined by the competent authority under sub-section (1) or sub-section (2) is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government.
11. Section 3G(6) of the 1956 Act states that subject to the provisions of this Act, the provisions of the Arbitration and Conciliation Act, 1996 shall apply to every arbitration under the said Act.
12. Since it appears from the submission of the learned advocate appearing for the petitioners that the amount determined by the competent authority is not acceptable to the petitioners, the petitioners have to avail of the remedy prescribed in the 1956 Act. The writ petitions accordingly stand disposed of by leaving the petitioners free to approach the arbitrator in accordance with the provisions as laid down under Section 3G(5) of the 1956 Act.
13. In case the petitioners approach the arbitrator, the arbitrator shall decide the same in accordance with law as expeditiously as possible but positively within a period of four months from the approach being made by the petitioners.
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 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.
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.
Writ petitioners are not entitled to compensation since awards were announced before the cutoff date, irrespective of their later payments.
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