NATIONAL HIGHWAYS AUTHORITY OF INDIA (NHIA) & ANR Vs. BELA DAS & ORS
LAWS(CAL)-2018-9-11
HIGH COURT OF CALCUTTA
Decided on September 04,2018

National Highways Authority Of India (Nhia) And Anr Appellant
VERSUS
Bela Das And Ors Respondents

JUDGEMENT

Biswanath Somadder, J. - (1.) During the course of hearing of the matter, the learned advocate for the State draws our attention to an order dated 27th March, 2018, which appears to have been passed by the District Magistrate, Nadia, being the Arbitrator, under section 3G (5) of the National Highways Act, 1956. It appears that a copy of the said order was received by an advocate representing the interest of the respondent no. 1 herein, being the writ petitioner (Smt. Bela Das). The said order reveals that the writ petitioner (Smt. Bela Das) has been directed to submit her statement to the arbitrator shortly and the case has been directed to be put up immediately after receipt of her statement or the order of the Hon'ble High Court, whichever is earlier.
(2.) Without going into any factual controversy which is in issue between the parties, we are of the view that the respondent no. 1/writ petitioner (Smt. Bela Das) will be at liberty to submit her statement in terms of the order dated 27th March, 2018, to the competent authority within a period of three weeks from date. The competent authority shall proceed to pass an award in conformity with the relevant provisions as contained in the National Highways Act, 1956, within six weeks therefrom. Once an award is passed by the competent authority in accordance with the provisions of the National Highways Act, 1956, it will be open to the respondent no. 1/writ petitioner (Smt. Bela Das) to take further steps in the matter in accordance with law, in the event she is aggrieved with the said order.
(3.) In view of the above directions, nothing remains to be decided in respect of W.P. 16237 (W) of 2017 which is treated as on day's list and stands disposed of in terms of this order together with the appeal and the application for stay.;


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