IMPORTANT POINT
Petitioner must approach the appointed Arbitrator for grievances regarding compensation assessment under the National Highways Act, 1956.

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 Transport and Highways, Government of India for the project of construction of 4 lane road under Bharatmala Project and in the said process of land acquisition, the subject-plot has come to be acquired. Against the acquisition of the subject-plot, a sum of Rs. 7,45,194/- has been assessed by the Competent Authority, Land Acquisition [CALA] towards compensation and a notice to that effect was served upon the petitioner by the CALA. The petitioner is aggrieved by the inadequacy of the compensation amount and also in the manner the compensation amount has been assessed. Hence, the writ petition.

4. Mr. Boruah, learned Standing Counsel, NHIDCL and Ms. Konwar, learned Junior Government Advocate for the State respondents have submitted that since the grievances of the petitioner are with regard to inadequacy of the compensation amount assessed by the Competent Authority, Land Acquisition [CALA] and the manner in which the compensation amount has been assessed, the petitioner is required to approach the Arbitrator appointed under sub-section [5] of Section 3G of the National Highways Act, 1956. They have submitted that an Arbitrator has already been appointed by a Notification bearing S.O. 4606[E] dated 22.10.2024 by the Ministry of Road Transport and Highways, Government of India and the said Notification has been published in the Gazette of India on 22.10.2024.

5. Having regard to the grievance of the petitioner, it appears that such grievance of the petitioner should be raised before the Arbitrator appointed under sub-section [5] of Section 3G of the National Highways Act, 1956. Apart from the Competent Authority Land Acquisition [CALA], it is the Arbitrator who can take into consideration the factors delineated in Clause [a], Clause [b], Clause [c] and Clause [d] of sub-section [7] of Section 3G of the National Highways Act, 1956 to arrive at the appropriate compensation amount.

6. In the above obtaining fact situation, this Court is of the considered view that the writ petition is not to be entertained at this stage, as the petitioner, considering the nature of grievances he has with the compensation amount assessed, is required to approach the Arbitrator for redressal of his such grievances. Therefore, the writ petition is not entertained, reserving the liberty to the petitioner to submit his application for enhancement of the compensation highlighting the grievances and along with all the supporting documents in support of his claims, before the Competent Authority, Land Acquisition [CALA], already appointed under Section 3[a] of the National Highways Act, 1956, that is, the respondent no. 4 within a period of 15 days from today. It is further observed that in the event such an application is submitted by the petitioner, the Competent