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2025 DAILYLAW 601 (TRI)

Md. Ibrahim Miah and another v. The Union of India and 4 others

WP(C)/118/2025 · 2025-03-06

T Amarnath Goud

Writ Petition (Civil)body2025

Judgment text

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HIGH COURT OF TRIPURA _A_G_A_R_T_A_L_A_ WP(C) No.118 of 2025 Md. Ibrahim Miah and Another …..Petitioner _V_E_R_S_U_S_ The Union of India and 4 Others …..Respondents For Petitioner(s) : Ms. A. Debbarma, Advocate. For Respondent(s) : Mr. B. Majumder, Deputy SGI. HON’BLE MR. JUSTICE T. AMARNATH GOUD _F_I_N_A_L_O_ R_ D_ E_ R_ 06.03.2025 Heard. [2] The present petition has been filed under Article-226 of the Constitution of India directing the respondents to appoint an Arbitrator for determining the amount of compensation for acquiring 0.035 acres of bastu class of land pertaining to Plot No.6281/P, recorded under Khatian No.486 under Mouja Ramnagar, Sheet No.3/P under Sadar Sub-division, Tripura acquired by the government for construction of Western By Pass road connecting to NH-8 to NH- 108B, to the petitioners herein, being the owners of such land. [3] The petitioners have prayed for the following reliefs: i. Issue rule upon the respondents to show cause as to why a writ in the nature of Mandamus and/or order/orders and/or direction/directions of like nature shall not be issued whereby directing the respondents to appoint an arbitrator for determining the amount of compensation for acquiring land measuring 0.035 acres in terms of Sec.3G(5) of the National Highways Act, 1956, in connection with L.A. Case No.11/SDR/2023, apportionment No.67 for the purpose of construction of Western Bye Pass Road connection to NH-8 to NH- 108B . ii. Issue rule upon the respondents to show case as to why a writ in a the nature of mandamus and/or order/orders and/or direction/directions of like nature shall not be issued whereby directing the respondents to determine the actual measurement of the acquired land. iii. Call for records. iv. Make rules absolute.” [4] The facts in brief are that the petitioners seeking necessary orders from this Court upon the respondents to cause reference for arbitrator in connection with L.A. Case No.11/SDR/2023, apportionment No.67 for determining the amount of compensation for acquiring 0.035 acres of bastu class of land under Section 3G (5) of National Highways Act, 1956 and to determine the actual measurement of the acquired land. [5] In view of above and having heard the learned counsel appearing for the parties, without expressing any opinion on merits, this Court is of the view that ends of justice would be met if the matter is disposed of by directing the respondents to consider the case of the petitioner in accordance with law, facts and rights be decided as expeditiously as possible preferably within a period of three months from the date of the receipt of the copy of this order. Accordingly, the same is ordered. Further, it is made clear that whatever the decision is taken by the concerned respondents, the same may be communicated to the petitioners. [6] As such, the present petition stands disposed of. As a sequel, miscellaneous application, pending if any, shall stands closed. T. AMARNATH GOUD, J A. Ghosh ANJAN GHOSH Digitally signed by ANJAN GHOSH Date: 2025.03.16 13:22:59 +05'30'