Junial Jidung, G.B.And 2 Ors v. The National Highways Authority of India and 8 Ors

ORDER Date : 05.03.2024

¶1The instant Interlocutory Application has been filed seeking a correction to the judgment and order dated 23.05.2023 passed in WP(C) No.6414/2013 insofar as referring the dispute to the Divisional Commissioner, Central Assam Division.

¶2It has been brought to light that in view of the post of Divisional Commissioner having been abolished, there was no Arbitrator as was appointed by the Central Government to decide the said arbitration dispute. In view of filing of the instant application, this Court vide various orders had asked both the Central Government as well as the State Government to take appropriate steps so that the mandate of the provisions of Section 3G(5) of the National Highways Act, 1856 is given full effect.

¶3Today, Mr. R. K. D. Choudhury, the learned Deputy S.G.I. appearing on behalf of the Ministry of Road Transport and Highways has placed before this Court a notification dated 21.02.2024 wherein it reveals that the Officer with the designation of Special Secretary to the Government of Assam had been designated as the Arbitrator for the purpose of Section 3G(5) of the National Highways Act, 1956. The said notification which was placed before this Court is kept on record and marked with the letter "X". Page No.# 4/6

¶4Taking into account the above, this Court therefore modifies the judgment and order dated 23.05.2023 passed in WP(C) No.6414/2013 to the extent that the reference so directed to be made to the Divisional Commissioner, Central Assam Division shall mean the Special Secretary to the Government of Assam as appointed vide notification dated 21.02.2024.

¶5With above observations and directions, the instant Interlocutory Application stands disposed of.

¶6Before parting with the records, this Court however finds it very relevant to observe that there are huge numbers of references which are to be decided by the Arbitrator in terms with Section 3G(5) of the National Highways Act, 1956. Delay in disposal of the said Reference would entail accumulation of interest, if the compensation amount is enhanced than the amount which have been awarded. Apart from that, this Court also takes note of Section 3G(6) of the National Highways Act, 1956 which categorically mandates that the arbitration is to be carried in terms with the provisions of Arbitration and Conciliation Act, 1996 meaning thereby Section 29A of the said Act of 1996 would come into play and the consequential effect thereof would be that there is a period which the Arbitrator has to decide the reference and failure to do so would terminate the mandate of the Arbitrator statutorily. In such circumstances, there would further delay in the proceedings and consequent sufferings of the "persons interested". Under such circumstances, this Court is of the opinion that both the Central Government and the State Government has to take an appropriate decision so that the Arbitration proceedings which are to be carried out in terms with Section 3G(5) of the National Highways Act, 1956 are decided seamlessly at the earliest by appointing more Special Secretaries to the Government of Assam, if Page No.# 5/6 so necessary.

¶7This Court also finds it relevant to take note of the submission of Mr. C. Baruah, the learned counsel appearing on behalf of the National Highway Authorities of India who submitted that the Special Secretary who would be taking up the Arbitration Proceedings has to have a dedicated Secretariat/establishment dealing solely for the purpose of deciding the References. He submitted that the Arbitration References which at present, are in huge numbers and cannot be decided by a stop gap arrangement inasmuch as there would be a delay in deciding those arbitration references. He further submitted that Special Secretary, Government of Assam is required to dedicate his Office to the disposal of the Arbitration References. Under such circumstances, he therefore submitted that there should be a proper establishment/Secretariat for the Special Secretary from the Government of Assam only to deal with these arbitration proceedings.

¶8This Court have given an anxious consideration to the said submission and this Court is of the opinion that taking into account the enormous amount of pendency of Arbitration References, the State of Assam in consultation with Government of India is required to do the needful so that the arbitration proceedings referred to the Special Secretary to the Government of Assam is decided giving due opportunities to both the parties at the earliest and for that purpose, the said Officer would be required to be provided with proper infrastructure which this Court feels that the State of Assam shall do the needful in due time in consultation with the Ministry of Road and Transport, Government of India.

¶9A copy of this order be served upon Mr. R. K. D. Choudhury, the learned Page No.# 6/6 Deputy S.G.I and Mr. S. Dutta, the learned Standing counsel, Revenue Department by the Registry for needful compliance.

JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010201352023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2841/2023o JUNIALoJIDUNG,oG.B.ANDo2oORS.o S/OoLT.oPURNACHANoJIDUNG,oVILL.oKHAILIMDISA,oHAFLONG,oP.O.oandoP.S.o MAIBONG,oDIST-oDIMAoHASAO,oASSAM 2:oSORUNoHOJAI oG.B. oS/OoLT.oBISHUoHOJAI oVILL.oDIDAODIP oHAFLONG oP.O.oandoP.S.oMAIBONG oDIST-oDIMAoHASAO oASSAM 3:oDEBENoPHONGIO oG.B. oS/OoLT.oTHAIREKDAUoPHONGLO oVILL.oLONGKHOR oHAFLONG oDIST-oDIMAoHASAO oASSAo VERSUSo THEoNATIONALoHIGHWAYSoAUTHORITYoOFoINDIAoando8oORS.o G-5oando6,oSECTORo-10,oDWARKA,oNEWoDELHI-110075 2:THEoNATIONALoHIGHWAYSoAUTHORITYoOFoINDIA oREGIONALoOFFICE-oHENGRABARI oBORBORIoBORTILLA oVIPoROAD oNEARoPRATIKSHAoHOSPITAL oGHY-36 3:THEoPROJECToDIRECTOR Page No.# 2/6 NHAI PIU- SILCHAR H/NO.328 1ST FLOOR COLLEGE ROAD AMBICA PATTY SILCHAR-788004 4:THE DIMA HASAO AUTONOMOUS COUNCIL REPRESENTED BY THE PRINCIPAL SECRETARY(N) DIMA HASAO AUTONOMOUS COUNCIL HAFLONG. 5:THE SECRETARY REVENUE DIMA HASAO AUTONOMOUS COUNCIL HAFLONG ASSAM 6:THE ADDL. DY. COMMISSIONER DIMA HASAO DISTRICT HAFLONG ASSAM 7:THE SUB DIVISIONAL OFFICER CIVIL MAIBANG DIMA HASAO DISTRICT HAFLONG ASSAM 8:THE SETTLEMENT OFFICER DIMA HASAO AUTONOMOUS COUNCIL HAFLONG ASSAM AN ASSESSOR OF L.A.and WORKS FOR THE STRETCHED FROM NUTON LAMPU TO BORO WAPU 9:THE DIVISIONAL COMMISSIONER HILLS and BARAK VALLEY DIVISION DISPUR GHY- For the Petitioner(s) : Ms. J. Bezbaruah, Advocate For the Respondent(s) : Mr. R. K. D. Choudhury, Deputy SGI : Mr. S. Dutta, Standing Counsel : Mr. C. Baruah, CGC Page No.# 3/6 : Mr. T. R. Gogoi, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH