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DEVASHIS BARUAH
Tahmina Begum, W/o. Lt. Abdal Rahman – Appellant
Versus
Union of India, Rep. by the Secretary of the Ministry of Road Transport and Highways, Govt. of India – Respondent
JUDGMENT :
Both the writ petitions are taken up for disposal by this common judgment and order taking into account that the relief sought for in both the writ petitions are the same.
2. It appears from a perusal of the pleadings in both the writ petitions that certain lands belonging to the Petitioners were acquired under the provisions of the National Highways Act, 1956 (for short ‘the Act of 1956’). Pursuant to the said acquisition so carried out, an order was passed under Section 3G of the Act of 1956 by the Competent Authority.
3. The Petitioners being aggrieved had approached the Commissioner, Lower Assam Division, Guwahati (Arbitrator) under Section 3G (5) of the Act of 1956 and the learned Arbitrator had passed two Awards on 29.08.2014 in Case No. RR 61/2012 and in Case No. RR 80/2012 thereby directing the Competent Authority thereby to re-compute the compensation on the basis of the directions passed therein and pay the compensation accordingly on the basis of such assessments made. The Petitioners thereupon had approached the Competent Authority on numerous occasions but the directions contained in the Awards passed by the learned Arbitrator dated 29.08.2014 were not complied
The judgment establishes that compliance with procedural requirements in land acquisition is essential, and failure to notify affected parties or timely deposit of compensation invalidates the acquis....
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