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 with for which both the writ petitions were preferred by the Petitioners seeking a direction upon the Respondents to expedite the matter for payment of compensation in terms with the direction specified in the orders dated 29.08.2014 passed in Case No. RR 80/2012 (W.P.(C) No. 3435/2018) and in Case No. RR 61/2012 (W.P.(C) No. 1130/2018).

4. This Court vide respective orders issued notice in the year 2018. It is seen from the records that on 25.08.2023 when the matter was listed, this Court directed the Competent Authority who is the Additional Deputy Commissioner, Kamrup (Rural) to place before this Court by way of an affidavit the computation pursuant to the Award dated 29.08.2014. However, when the matter was listed on 28.08.2023, the said affidavit was not filed by the Competent Authority. This Court duly observed in the order dated 28.08.2023 that the Awards so passed by the learned Arbitrator on 28.08.2014 in Case No. RR 61/2012 and in Case No. RR 80/2012 were not put to challenge by the NHAI and the delay in carrying out the computation in terms with the Award dated 29.08.2014 would be pre-judicial to the NHAI as it would lead to accruing of interest on the enhanced amount. Under such circumstances, the Competent Authority i.e. the Addl. Deputy Commissioner, Kamrup (Rural) was directed to place before this Court by way of an affidavit the computation pursuant to the Awards dated 29.08.2014 and the matter was directed to be listed again on 08.09.2023.

5. The records further reveal that on 08.09.2023 when the matter was listed, the counsel representing the Competent Authority gave a lame excuse for not being able to comply with the directions passed by the learned Arbitrator through an affidavit in W.P.(C) No. 3435/2018. However, in W.P.(C) No. 1130/2018, the Competent Authority did not even care to file an affidavit. Under such circumstances, this Court gave an additional opportunity to the Additional Deputy Commissioner, Kamrup(Rural) to place the computation arrived at on the basis of the Awards before this Court on the next date i.e. today.

6. The records reveals that the Competent Authority i.e. the Additional Deputy Commissioner, Kamrup (Rural) had filed an affidavit in W.P.(C) No. 1130/2018. In the said affidavit so filed, at Paragraph No. 3 the Competent Authority stated that the compensation amount in respect to the Petitioners in W.P.(C) No. 1130/2018 and W.P.(C) No. 3435/2018 were duly computed by the Competent Authority and the statement of computation of the compensation amount dated 14.09.2023 as per the Award of the Arbitrator dated 29.08.2014 was sent to the Project Director, NHAI, PIU, Guwahati vide the Communication dated 14.9.2023 directing them to make the funds available for necessary action for release of the said amount. In t