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IN THE HIGH COURT AT CALCUTTA
HIRANMAY BHATTACHARYYA
Nityabasi Sekh – Appellant
Versus
State of West Bengal – Respondent
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
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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