The submission of a Joint Verification Report in compliance with an Arbitrator's order extinguishes the cause of action for a writ petition seeking compliance.

ORDER :

Manish Choudhury, J.

Heard Mr. R.P. Sharma, learned Senior counsel assisted by Ms. M. Bora, learned counsel for the petitioners; Ms. S. Konwar, learned Junior Government Advocate, Assam for the respondent nos. 1, 5 & 6; Ms. R. Bora, learned Standing Counsel, NHIDCL for the respondent nos. 2 & 4; and Mr. A. Bhattacharjee, learned Standing Counsel, Revenue & Disaster Management Department for the respondent no. 3.

2. In the process of land acquisition for a National Highway Project :-

‘Building [Widening/four-laning, etc.], maintenance, management and operation of connecting from NH-37A to NH-52 on the stretch of land from Km 17.3 to Km 182 [Office of the Deputy Commissioner, Sonitpur, Tezpur, Assam’ [‘the Highway Project’, for short] initiated by the Ministry of Road Transport and Highways [‘the MoRT&H], Government of India [GoI], the parcels of land belonging to the petitioners, 44 [forty four] in nos., came to be acquired. The Competent Authority, Land Acquisition [CALA] had passed an Award under Section 3G[1] of the National Highways Act, 1956 [‘the N.H. Act’]. Dissatisfied with the amount of compensation assessed by the Competent Authority, Land Acquisition [CALA] in the Award passed under Section 3G[1] of the N.H. Act, the petitioners preferred an application before the Arbitrator appointed under Section 3G[5] of the N.H. Act seeking enhancement of the compensation on the ground that the Competent Authority, Land Acquisition [CALA] while determining the award, did not take relevant factors including market value of the land acquired in the proper perspective. The said application has been registered as Arbitration Case no. 01/2023.

3. By an Order dated 14.02.2023 passed by the Arbitrator in Arbitration Case no. 01/2023, a joint verification was directed for the purpose of examining the issue of justified compensation. The Competent Authority, Land Acquisition, Project Manager, NHIDCL, Tezpur and the jurisdictional Circle Officer were directed to visit the site and submit a joint verification report.

4. Ms. Bora, learned Standing Counsel, NHIDCL and Ms. Konwar, learned Junior Government Advocate, Assam have placed an Office Letter no. e.120213/139 dated 11.03.2025 of the Additional District commissioner [LA], Sonitpur, Tezpur, that is, the Competent Authority, Land Acquisition [CALA] addressed to the office of the Senior Government Advocate, Assam enclosing therewith a Joint Verification Report submitted by the jurisdictional Circle Officer to the Competent Authority, Land Acquisition [CALA] on 06.03.2025.

5. The learned Senior Counsel for the petitioners has also been furnished a copy of the Joint Verification Report.

6. It is submitted by the learned counsel for the parties that as the Joint Verification Report has been submitted in terms of the Order dated 14.02.2023 of the Arbitrator, the matter would now revert back to the Arbitrator for deciding the application of the petitioners for enhancement of compensation.

7. The instant writ petition was filed seeking inter-alia a direction to the respondents to comply with the Order dated 14.02.2023 passed by the Arbitrator in Arbitration Case no. 01/2023. Since the Joint Verification Report has been submitted in deference to the Order dated 14.02.2023 passed by the Arbitrator in Arbitration Case no. 01/2023, there survives no cause of action to proceed further with the writ petition as the matter would now revert back to the Arbitrator. The writ petition is, therefore, closed.

8. A copy of the Joint Verification Report dated 06.03.2025 along with the Office Letter no. e.120213/139 dated 11.03.2025 of the Additional District commissioner [LA], Sonitpur, Tezpur, that is, the Competent Authority, Land Acquisition [CALA] is kept with the case record by marking it as Document-‘X’.