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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
Jamal Uddin, S/o. Abdur Rajk – Appellant
Versus
State Of Assam, Rep. By The Commissioner And Secretary To The Govt. Of Assam, Revenue (Settlement) Department – Respondent
ORDER :
(MANISH CHOUDHURY, J.)
Heard Mr. J.M.A. Choudhury, learned counsel for the petitioner; Ms. N.Bordoloi, learned Standing Counsel, Revenue & Disaster Management Department for the respondent no. 1; Mr. R.K. Talukdar, learned Standing Counsel, NHIDCL for the respondent nos. 2 & 3; and Ms. S. Konwar, learned Junior Government Advocate, Assam for the respondent nos. 4, 6 & 7.
2. It is the case of the petitioner that the petitioner had owned a parcel of land measuring [i] 11 Kata 15 Chotak, 4 Ganda, covered under Dag no. 67 & Patta no. 110; [ii] 9 Kata 1 Chotak, covered under Dag no. 68 & Patta no. 110; and [iii] 9 Kata 1 Chotak, covered under Dag no. 79 & Patta no. 115; and [iv] 8 Kata 8 Chotak, covered under Dag no. 80 & Patta no. 83; at Village – Porgona- Kushiarkul, Mouza – Darakuna, Revenue Circle – Karimganj, District –Karimganj, Assam.
3. The petitioner has submitted that the said parcel of land came under the purview of acquisition for a National Highway project, ‘Building [Widening two lane with paved shoulder four laning etc.], maintenance, management and operation of NH-8 & NH-37 in the stretch of land from Km 0.020 to Km 14.380 in the district of Karimganj in the state of
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....
Petitioner must approach the appointed Arbitrator for grievances regarding compensation assessment under the National Highways Act, 1956.
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.
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.
Failure to address representations regarding land classification and compensation under the National Highways Act necessitates judicial intervention to ensure proper referral to an Arbitrator.
The arbitral award on land compensation cannot be modified without participation of affected parties, ensuring rights to compensation are upheld as originally awarded.
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.
Limited judicial interference under Sections 34/37 Arbitration Act in NHAI land compensation awards; no re-appreciation of evidence.
Writ petition for land compensation enhancement not maintainable during ongoing statutory arbitration under National Highways Act.
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