Dr. Towaj Uddin Ahmed v. The State of Assam and 8 Ors

ORDER

22.05.2024 Heard Mr. ATM Hussain, learned counsel for the petitioner. Also heard Mr. R.K. Talukdar, learned counsel for the respondent No. 8 and Ms. B. Sarma, learned counsel for the respondent No. 7. Page No.# 3/4

¶2By filing this writ petition under Article 226 of the Constitution of India, the petitioner has 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 appeal dated 05.12.2023 filed by the petitioner.

¶3It is projected that the land of the petitioner has 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 submits that vide 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 no. 8 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.8 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, Page No.# 4/4 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.

¶7In 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 petitioner 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 appeal 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 petitioner or his representative appear before the said authority.

¶8It is also provided that in the event the petitioner apply for copies of documents forming part of the proceedings, the same shall be furnished to him on payment of requisite cost.

¶9Accordingly, this writ petition stands disposed of at the motion stage without issuance of notice on the respondents. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010100152024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2673/2024o DR.oTOWAJoUDDINoAHMEDo S/O-oAKIBULoHUSAIN,o VILL-oPUTHIMARI,o P.O.oANDoP.S.-oCHAPAR,o DIST.-oDHUBRI,o(ASSAM),o PIN-o783371. VERSUSo THEoSTATEoOFoASSAMoANDo8oORSo REPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o DISPUR,oGHY-06. 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oREVENUEoANDoDISASTERoMANAGEMENToDEPARTMENT oDISPUR oGHY-06. 3:THEoDEPUTYoCOMMISSIONER oGOALPARA oASSAM oPIN-o783101. 4:THEoSETTLEMENToOFFICER oREVENUEoANDoDISASTERoMANAGEMENToDEPARTMENT oGOALPARA oASSAM oPIN-o783101. 5:THEoASST.oSETTLEMENToOFFICER oMATIAoREVENUEoCIRCLE oMATIA Page No.# 2/4 DIST.- GOALPARA ASSAM PIN- 783101. 6:THE CIRCLE OFFICER MATIA REVENUE CIRCLE MATIA DIST.- GOALPARA ASSAM PIN- 783101. 7:THE UNION OF INDIA REPRESENTED BY THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NEW DELHI-01. 8:THE GENERAL MANAGER (P) NHIDCL PMU BONGAIGAON ASSAM PIN- 783380. 9:THE COMMISSIONER AND SECRETARY/ PRINCIPAL SECRETARY OF GENERAL ADMINISTRATION DEPARTMENT GOVT. OF ASSAM DISPUR GUWAHATI-06 Advocate for the Petitioner : MR. M U MONDAL Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA