D/L- 16

17/02/2026 Ct. No.-19 Aritra WPA 2137 of 2026 Majibar Mondal & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Ivan Ray Mr. K. Banerjee Ms. N. Dutta ….for the petitioners Mr. Sk. Md. Galib, Sr. Govt. Adv.

Ms. Sujata Mukherjee ….for the State Ms. Manika Sarkar Ms. Ankita Chowdhury Mr. Atanu Sur ….for the NHAI Mr. Galib, learned Senior Government Advocate raises an objection as to the maintainability of this writ petition. He submits that the prayers made under paragraph (a) and (b) are contradictory to each other. He further submits that if the petitioner is aggrieved by the determination of compensation by the competent authority, he has to approach the Arbitrator under Section

3G(5) of the National Highways Act.

The learned advocate for the petitioner submits that except the payment notice, no document has been served A person aggrieved by the determination of the compensation amount must be made aware of the basis of such determination so as to enable him to challenge such determination before the Arbitrator.

Mr. Galib, learned senior government advocate appearing for the State refers the documents annexed at page 109-110 of the writ petition and submits that the petitioner has already approached the arbitrator under Section 3G(5) of the National Highways Act, 1956. From the payment notice it appears that it is a notice for compensation award under Section 3H(5) of the National Highways Act, 1956.

Section 3H(5) of the 1956 Act states that where the amount determined under Section 3G by the arbitrator is in excess of the amount determined by the competent authority, the arbitrator may award interest at 9% per annum on such excess amount from the date of taking possession under Section 3D till the date of actual deposit thereof.

The District Magistrate & District Collector, Nadia, being the respondent No.6 is directed to file a report in the form of an affidavit specifically disclosing whether where any arbitral award in the light of the provisions mentioned under Section 3G(5) of the 1956 Act has been passed. If such an award has been passed, the same should be appended with the copy of the report. The report of the District Magistrate shall also state when the award was

The Additional District Magistrate (Land Acquisition)

Nadia, being the competent authority under the National

Highways Act, 1956, i.e. the respondent No.7 herein is

directed to file a report disclosing the copy of the award determining the compensation amount.

The reports of the District Magistrate & District Collector, Nadia, being the respondent No.6 and the Additional District Magistrate, i.e. the respondent no. 7 are to be filed on or before February 26, 2026 upon serving advance copies of the same to the learned advocate for the petitioner.

The Project Director of National Highway Authority of India will be at liberty to file a report with regard to the allegations contained in the writ petition within the time limit as mentioned hereinabove.

List this matter on February 11, 2026.

(Hiranmay Bhattacharyya, J.)