Jamir Uddin Barbhuiya v. The Union of India and 6 Ors

ORDER Date : 20.09.2024

Heard Mr. J. I. Borbhuiya, the learned counsel appearing on behalf of the petitioner; Mr. S. Baruah, the learned Standing Counsel, CALA, appearing on behalf of the respondent Nos. 2,4,5 & 7 and Mr. R. K. Talukdar, the learned Standing Counsel, NHIDC appearing on behalf of the respondent No. 3.

¶2Taking into account that the dispute involved in the instant writ petition, this Court is of the opinion that the instant writ petition can be disposed of at the motion stage itself.

¶3It is the case of the petitioner that the petitioner is the owner of a plot of land measuring 6 kathas, 10 Chattaks, 13 Gondas covered by Dag No.7 of Patta No.3 Mouza - Rongpur Part-II, Pargona-Barakpar in the district of Cahar, Assam. It is the specific case of the petitioner that out of the said land 0.0335 Page No.# 3/3 hectares of land has been acquired under the National Highways Act of 1956 (for short 'Act of 1956'). It is the further case of the petitioner that in the said land the petitioner had constructed a building which has 4th floor. However, while computing the compensation the Competent Authority has paid an inadequate compensation without taking into account Section 3 (G)(7) of the National Highways Act,1956 read with section 26 to 28 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

¶4The learned counsel appearing on behalf of the petitioner further submitted that the petitioner has submitted a representation also to the Competent Authority on 24.07.2024 for making a proper assessment of the land compensation as well as the Zirat compensation. However the same has not been taken into account. It is under such circumstances, the petitioner has therefore, approach this Court by filing the instant writ petition.

¶5This Court having taken note of the provisions of the Act of 1956 is of the opinion that if the petitioner is aggrieved with the inadequacy of the compensation, the petitioner has the option of approaching the Competent Authority seeking a reference to the Arbitrator in terms with Section 3 (G)(5) of the Act of 1956. Further to that once the determination has already been done by the Competent Authority, the same can only be modified or interfered with except in terms with Section 3 (G)(5) of the Act of 1956.

¶6Under such circumstances, this Court disposes of the instant writ petition thereby granting the liberty to the petitioner to submit a fresh application before the Competent Authority whereby the petitioner may seek a reference to the Arbitrator in terms with Section 3(G) (5) of the Act of 1956.

¶7Mr. J. I. Borbhuiya, the learned counsel appearing on behalf of the petitioner submits that the petitioner shall carry out the said exercise forthwith and submit before the Competent Authority.

¶8This Court directs the Competent Authority is the respondent No. 5, that in the event the petitioner submits the application in terms with Section 3

(G)(5) of the Act of 1956, the same be referred to the Arbitrator, who has been duly appointed by the Central Government forthwith and not later than 20 days from the date of submission of such application.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010190892024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4804/2024o JAMIRoUDDINoBARBHUIYAo S/OoLATEoTURFANoALIoBARBHUIYA,o RESIDENToOFoVILLAGEoRONGPURoPARToII,oPOoRONGPUR,oDISToCACHAR,o ASSAM,o788009 VERSUSo THEoUNIONoOFoINDIAoANDo6oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oROADo TRANSPORToANDoHIGHWAYSoDEPARTMENT,oGOVT.oOFoINDIA,oNEWoDELHI 110001 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM oREVENUEo(SETTLEMENT)oDEPARTMENT oDISPUR oGUWAHATIo06 3:THEoDEPUTYoGENERALoMANAGERo(P) oNATIONALoHIGHWAYSoANDoINFRASTRUCTUREoDEVELOPMENTo CORPORATIONoLIMITED oPMU oPESKARoLANE oSONAIoROAD oSILCHAR o788806 4:THEoDISTRICToCOMMISSIONER oCACHAR oASSAM 5:THEoADDITIONALoDISTRICToCOMMISSIONER Page No.# 2/3 REVENUE AND LAND SETTLEMENT BRANCH CACHAR ASSAM 6:THE EXECUTIVE ENGINEER PWD BUILDING DIVISION CACHAR SILCHAR 7:THE CIRCLE OFFICER SILCHAR REVENUE CIRCLE DIST SILCHAR ASSA Advocate for the Petitioner(s) : Mr. J. I. Borbhuiya Advocate for the respondent(s): Mr. R.K Talukdar, SC, NHIDC Mr. S. Baruah, SC, CALA BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH