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 regarding compensation.

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 Assam’ [‘the Highway Project’, for short].

4. Mr. Choudhury, learned counsel for the petitioner has submitted that the Competent Authority, Land Acquisition [CALA] has already passed an Award under Section 3G[1] of the National Highways Act, 1956 [‘the N.H. Act’]. The petitioner being dissatisfied with the amount of compensation determined by the Competent Authority, Land Acquisition [CALA] in his Award passed under Section 3G[1] of the N.H. Act, intends to prefer an application of seeking enhancement of compensation amount determined by the Competent Authority, Land Acquisition [CALA] before the Arbitrator appointed under Section 3G[5] of the N.H. Act.

5. Mr. Talukdar and Ms. Konwar, learned counsel appearing for the State respondents have submitted that by an Order dated 06.03.2025, an Arbitrator has already been appointed for deciding the applications in respect of the Highway Project.

6. By an Order dated 06.03.2025, issued under the hand of the Principal Secretary to the Government of Assam, Revenue & Disaster Management Department, the present Secretary to the Government of Assam, Revenue & Disaster Management Department [Smti. Meenakshi Das Nath] has been appointed as an Arbitrator in terms of sub-section [5] of Section 3G of the N.H. Act, 1956 with immediate effect and until further order. A copy of the said Order is placed before this Court.

7. As the grievance regarding inadequacy of the compensation amount determined by the Competent Authority, Land Acquisition [CALA] raised by the petitioner in this writ petition, can be examined and considered by the Arbitrator so appointed under Section 3G[5] of the N.H. Act, 1956, this Court is of the considered view that the petitioner shall approach the Arbitrator by submitting an application along with all the supporting documents in support of its claim for enhancement of the compensation amount before the Arbitrator at the earliest. It is accordingly observed. It is further observed that in the event any such application is preferred by the petitioner before the Arbitrator so appointed, the Arbitrator shall consider and dispose of the application as expeditiously as possible. The official respondents who are in custody and possession of the relevant records of land acquisition in respect of the subject-plot[s] belonging to the petitioner and for the Highway Project under reference, shall transmit the relevant records to the office of the Arbitrator so as to facilitate the Arbitrator to dispose of the application by taking into consideration the factors delineated in sub-section [7] of Section 3G and following the procedure mentioned in sub-section [6] of Section 3G of the N.H. Act in an expeditious manner.

8. With the observation made and direction given above, the writ petition is disposed of. There