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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANISH CHOUDHURY
Mazir Uddin Khan S/o- Lt. Khan Abdul Bari – Appellant
Versus
Union Of India – Respondent
ORDER :
MANISH CHOUDHURY, J.
Heard Mr. H.R. Ahmed, learned counsel for the petitioner; Mr. C. Boruah, learned Standing Counsel, NHIDCL for the respondent nos. 1 & 6; Ms. S. Konwar, learned Junior Government Advocate, Assam for the respondent nos. 3, 4 & 5; and Ms. G. Hazarika, learned Standing Counsel, Revenue and Disaster Management Department for the respondent no. 2.
2. The petitioner has projected that he has purchased a plot of land measuring 13 Kathas 3 Chota 8 Gonda, covered by Dag no. 75 and Patta no. 199, situate at Village – Bhuja, Mouza – Douadi under Nilambazar Revenue Circle, District – Sribhumi, Assam [‘the subject-plot’, for short]. The petitioner has stated that he has purchased the subject-plot by virtue of a registered sale deed no. 337 dated 15.02.2021. He after becoming the owner, was in possession of the subject-plot. The subject-plot stood mutated in his name by an Order dated 30.04.2022 by the Circle Officer, Nilambazar Revenue Circle. The petitioner has further stated that the subject-plot is situated adjacent to National Highway no. 8.
3. In the meantime, a land acquisition process has been undertaken by the Ministry of Road
Petitioner must approach the appointed Arbitrator for grievances regarding compensation assessment under the National Highways Act, 1956.
The court directed the petitioner to seek enhancement of compensation through the appointed Arbitrator under the National Highways Act, emphasizing the Arbitrator's role in addressing grievances rega....
The court ruled that compensation for land acquisition must reflect market value and consider hardships faced by landowners, as mandated by the National Highways Act and RFCTLARR Act.
Failure to address representations regarding land classification and compensation under the National Highways Act necessitates judicial intervention to ensure proper referral to an Arbitrator.
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.
Compliance with Arbitration Awards is essential for safeguarding property rights under Article 300-A of the Constitution.
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