Md. Shamim Ahmed and Anr v. Union of India and 6 Ors

ORDER Date : 29.04.2024 Heard Mr. D.K. Nath, learned counsel for the petitioners. Also heard Mr. R.K. Talukdar, learned CGC for respondent nos.1 and 7; Mr. A. Bhattacharyya, learned standing counsel for the respondent no.2; Mr. B. Gogoi, learned standing counsel for the respondent nos.3 and 6; and Ms. M. Barman, learned Govt. Advocate for respondent nos.4 and 5.

¶2By filing this writ petition under Article 226 of the Constitution of India, the petitioners have prayed for a direction upon the respondent no.1 to direct the Special Secretary to the Govt. of Assam-cum-Arbitrator to dispose of the Arbitration Case No. 25/2022 filed by the petitioners. Page No.# 3/4

¶3It is projected that the land of the petitioners have been acquired on which his house was constructed and that the zirat in respect of the construction was not assessed for which arbitration was sought for in accordance with Section 3(G)(5) of the National Highways Act, 1956.

¶4The learned counsel for the respondent no.2 has produced a copy of communication no. LA&A.eCF/ 410365/7, dated 15.12.2023, by which the Govt. of Assam has nominated Shri Ashok Kumar Barman, IAS (Retd.), Special Secretary to the Govt. of Assam, Revenue and Disaster Management Department for appointment as the Arbitrator for the State of Assam for settling the disputes in connection with the acquisition cases acquired under the National Highways Act, 1956.

¶5The learned standing counsel for the respondent nos.1 and 7 has produced a copy of the Gazette of India, Extraordinary published on 21.02.2024 to project that vide notification bearing no. S.O. 805(E), dated 21.02.2024, the Special Secretary to the Govt. of Assam has been appointed as Arbitrator for the purpose of performing the duties of Arbitrator under the National Highways Act.

¶6It is observed from the said notification that the department held by the Special Secretary to the Govt. of Assam is not incorporated. However, the learned standing counsel for the respondent nos.1 and 7 submits that the Arbitrator would be the Special Secretary to the Govt. of Assam, Revenue & Disaster Management Department. In the opinion of the Court, as the concerned officer, namely, Shri Ashok Kumar Barman, IAS (Retd.) has been nominated by name and therefore, till the currency of the Gazette of India notification 21.02.2024, he is empowered to act in accordance with Section 3(G) of the said Act. Page No.# 4/4

¶7Another grievance of the petitioners is that the Joint Survey Report has not been furnished to him, which is mentioned in order dated 02.02.2023 in Arbitration Case No. 25/2022.

¶8In view of the letter dated 15.12.2023 and notification dated

21.02.2024 as referred above, this writ petition stands closed with a direction to the petitioners to appear before the nominated authority by producing a certified copy of this order and it is hoped that the notified Arbitrator shall make an attempt to dispose of the Arbitration Case No. 25/2022 within a time bound period as prescribed under Section 29(A) of the Arbitration and Conciliation Act, 1996, which shall commence from the date when the petitioners or their representatives appear before the said authority.

¶9It is also provided that in the event the petitioners apply for copies of documents forming part of the proceedings, the same shall be furnished to him on payment of requisite cost.

¶10The photocopies of the letter dated 15.12.2023 and notification

21.02.2024 is retained as a part of record.

¶11Accordingly, this writ petition stands disposed of at the motion stage without issuance of notice on the respondents.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010078572024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2239/2024o MD.oSHAMIMoAHMEDoANDoANR.o SONoOFoRAHIMOODINoAHMED,oRESIDENToOFoDERGAONoTOWN,oPO-o DERGAON,oGOLAGHAT,oASSAM,oPIN-o785614 2:oMUSSTT.oFATIMAoBEGUM oDAUGHTERoOFoRAHIMOODINoAHMED oRESIDENToOFoDERGAONoTOWN oPO-oDERGAON oGOLAGHAT oASSAM oPIN-o78561o VERSUSo UNIONoOFoINDIAoANDo6oORS.o REPRESENTEDoTHROUGHoTHEoSECRETARY,oMINISTRYoOFoROADo TRANSPORToANDoHIGHWAYS,oGOVERNMENToOFoINDIA,oNEWoDELHI 2:PRINCIPALoSECRETARYoTOoGOVT.oOFoASSAM oREVENUEoDEPARTMENT oDISPUR oGUWAHATI-06 3:SECRETARYoTOoTHEoGENERALoADMINISTRATIVEoDEPARTMENT oGOVT.oOFoASSAM 4:THEoCOLLECTORoCUMoDISTRICToCOMMISSIONER oDISTRICT-oGOLAGHAT oASSAM 5:THEoADDITIONALoDISTRICToCOMMISSIONERoCUMoCOMPETENTo AUTHORITYo(LA) oDISTRICT-oGOLAGHAT oASSAM Page No.# 2/4 6:THE EXECUTIVE ENGINEER PWD (B) DIVISION JORHAT PIN- 785001 7:NATIONAL HIGHWAY INFRASTRUCTURE DEVELOPMENT CORP. LIMITED 3RD FLOOR PTI BUILDING 4-PARLIAMENT STREET NEW DELHI REPRESENTED BY THE GENERAL MANAGER (PROJECT) NATIONAL HIGHWAY INFRASTRUCTURE DEVELOPMENT CORP. LIMITED OPPOSITE BRAHMAPUTRA ACADEMY JUNIOR COLLEGE PIN- 785001 DIST.- JORHA Advocate for the Petitioner : MR. S K BARKATAKI Advocate for the Respondent : SC, NHIDC BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA