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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
DEVASHIS BARUAH
Nijam Uddin Laskar, S/o. Lt Ali Raja Laskar – Appellant
Versus
Union Of India, Rep By The Secretary To The Govt Of India, Ministry Of Road Transport And Highways – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. F. U. Barbhuiya, the learned counsel appearing on behalf of the petitioner. Ms. R. Borah, the learned counsel appears on behalf of the respondent Nos.1 & 5. None appears on behalf of the Revenue Department of the Government of Assam. Mr. H. Sarma, the learned counsel appears on behalf of the respondent Nos.3, 4 & 6.
2. The petitioner herein is aggrieved by the action on the part of the respondent No.4 who is the Competent Authority under the provisions of the National Highways Act, 1956, (for short, ‘the Act of 1956’) in not referring the dispute pertaining to the inadequacy of compensation as determined under Section 3G(1) of the Act of 1956 to the Arbitrator.
3. The materials on record, more particularly the pleadings in the writ petition show that the petitioner claims to be an owner nd of a plot of land admeasuring 7 kathas 8 gondas under the 2 RS Patta No.88 of Dag No.234 situated under Sub-Registry Office Silchar, P.S.-Silchar, Pargana-Barakpar, Mouza-Rongpur Part-I. Upon the said land, the petitioner had constructed an Assam Type House with three commercial shops. The respondent No.1 had issued a notification under Section 3A(1) of the Ac
Failure to address representations regarding land classification and compensation under the National Highways Act necessitates judicial intervention to ensure proper referral to an Arbitrator.
Petitioner must approach the appointed Arbitrator for grievances regarding compensation assessment under the National Highways Act, 1956.
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.
The Competent Authority under the National Highways Act cannot revise its compensation order, and disputes must be resolved through arbitration.
The competent authority must refer disputes regarding compensation apportionment to the Principal Civil Judge as mandated by 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.
Section 3-G(5) of the National Highways Act, 1956 does not empower the competent authority to make an adjudication on compensation, but requires the matter to be referred to an arbitrator appointed b....
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