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ARUN DEV CHOUDHURY
Achyut Kr Gohain S/o Late Suneswar Gohain – Appellant
Versus
Union of India – Respondent
JUDGMENT :
ARUN DEV CHOUDHURY, J.
1. Heard Mr. A. Buragohain, learned counsel for the petitioner. Also heard Mr. C. Baruah, learned Standing Counsel for the NHIDCL representing the respondent No. 3.
2. Assailing an order dated 08.07.2023 issued by the General Manager (P), NHIDCL, PMU-Dibrugarh (respondent No. 3) rejecting the claim made by the petitioner for payment of compensation for acquiring the land, the present writ petition is filed.
3. The brief facts of the case is that by a Notification dated 15.09.2014, the land of the petitioner measuring an area of 1 Bigha 3 Katha 18 Lessa covered by Dag No. 103 at village 108, Khowang FS Grant, under Mouza-Moran in the district of Dibrugarh was acquired for construction of four laning National Highways-37 in the stretch of Demow to Dibrugarh. Accordingly, compensation with regard to zirat has already been paid to the petitioner.
4. The award under Section 19G of the National Highways Act, 1956 was also passed by the competent authorities. In terms of the aforesaid award, the petitioner was granted compensation against the value of land under acquisition, 100% solatium on the amount in accordance with the Right to Fair Compensation and Tran
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.
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.
Arbitrator under Section 3G(5) of National Highways Act lacks power to remand compensation disputes to competent authority; must determine amount independently.
An appeal under Section 74 of the Right to Fair Compensation Act cannot challenge awards issued under the National Highways Act, 1956.
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