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 alre