LILABATI DEBYA Vs. UNION OF INDIA
LAWS(GAU)-2018-12-114
HIGH COURT OF GAUHATI (AT: AGARTALA)
Decided on December 12,2018

Lilabati Debya Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

KALYAN RAI SURANA,J. - (1.) Heard Mr. U.C. Rabha, learned counsel for the petitioners. None appears on call for the Union of India. Also heard Mr. C. Baruah, learned standing counsel for NHAI (Res. No.2), Mr. A. Chakraborty, learned Junior Govt. Advocate for respondent No.4 and 5. None appears on call for the Revenue Department, Assam.
(2.) By these writ petitions under Article 226 of the Constitution of India, the petitioners have prayed for a direction to the respondent No.5, namely, the Addl. Deputy Commissioner (Land Acquisition)-cum- Competent Authority, NHA to expedite the matter of assessment of compensation in terms of directions specified in the order dated 30.06.2014, passed by the Arbitrator i.e. Commissioner, Lower Assam Division, Guwahati in Case No.RR.75/2012 and in Case No. RR.90/2012 within a specific period of time.
(3.) The case of the petitioners is that their respective land has been acquired for the purpose of construction of Four Lane NH-31 in respect of which compensation was determined by the Competent Authority. However, aggrieved by the quantum of compensation assessed, the petitioners had moved the designated Arbitrator in terms of the provisions of Section 3G (5) of the National Highways Act, 1956. The learned Arbitrator has disposed of the arbitration proceedings, being Case No. RR.75/2012- Sri Lilabati Debya Vs. The State of Assam and Case No. RR.90/2012- Sri Girish Chandra Kalita Vs. The State of Assam. The directions contained in the said order is as follows: "In view of the above observations, the following directions are made: (i) The value of the land for the purpose of compensation are to be made incorporating the solatium, interest as well as additional compensation whoever are applicable as stipulated by law as well as directions of the State government. (ii) The valuation of the building has to be made as per prevailing market price as on the date of taking over possession of land acquired on which the building was standing. (iii) The valuation of tress has to be made by the Competent Department (Forest or Agriculture Department as the case may be) as on the date of taking over possession of land. The fishery should also be assessed similarly by the Fishery Department. The Competent Authority is directed to intimate the date of taking over possession of land to the concerning Department accordingly and pay the compensation accordingly to such assessment. The appellant shall be at liberty to approach the arbitrator if they are aggrieved once again to the decision of the Competent Authority after taking into conclusion the above directions. All the petitions are disposed of accordingly.";


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