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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
RAJESH MAZUMDAR
Ghanashyam Chetry, S/O Lt. Tika Ram Chetry – Appellant
Versus
National Highway Authority Of India Rep. By The Chairman New Delhi – Respondent
JUDGMENT :
Rajesh Mazumdar, J.
Heard Mr R P Sarmah, learned Senior Counsel, assisted by Ms M Borah, learned counsel appearing for the petitioner. Also heard Ms R Borah, learned Standing Counsel for the NHAI and Mr N Das, learned counsel appearing for the respondent Nos. 2, 3, 4 and 5.
2. The bone of contention in this writ petition is non-payment of a residual part of an arbitral award passed by the Commissioner, North Assam Division, Tezpur, an Arbitrator, NH-4 Lane of Nagaon and Morigaon District on the appeal petition filed by certain persons whose land has been acquired for construction of NH-4-Lane by the National Highway Authorities of India.
3. By the award dated 25.09.2008, in Case No. 4/2008, the learned Arbitrator has recorded as follows:-
“On the other hand, the construction of National Highway is being delayed. The appellants have applied for passing an order for interim award at fifty percent of the present market value. Considering the probable value of land per bigha @ 15 lakhs, fifty percent as interim award is hereby passed for payment. The total area of land being acquisitioned is 6 bighas, 1 katha and 18 lessas. Previously, the total area of land to be acquisitioned w
The arbitral award on land compensation cannot be modified without participation of affected parties, ensuring rights to compensation are upheld as originally awarded.
An appellate court must ensure compensation for land acquisition aligns with statutory provisions while addressing solatium and additional claims, confirming previous awards while modifying based on ....
Compliance with Arbitration Awards is essential for safeguarding property rights under Article 300-A of the Constitution.
The court established that under statutory arbitration for land acquisition, the authority must ensure fair compensation based on proper assessment and documentation, highlighting a constitutional ob....
The court upheld the authority to modify arbitration awards in compensation cases if the original decision is perverse or against public policy, ensuring fair compensation is granted to landowners.
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