M/L- 143 15/06/2026 Ct. No.-19 Aritra WPA 21203 of 2025 Asim Kumar Nayak Vs. The State of West Bengal & Ors. Mr. S.S. Mandal, Ms. Tanuja Basak ….for the petitioner Mr. Nilanjan Bhattacharyya, S.S.C., Ms. Joyita Dhar Chakraborty ….for the State Mr. Anil Kr. Gupta ….for the UOI The petitioner alleges that the compensation amount has been determined by the competent authority by considering the nature of the property of the petitioner acquired to be “bagan” in spite of the fact that the property has been converted to “commercial bastu”. Thus, it appears that the amount determined by the competent authority is not acceptable to the petitioner. Section 3G(5) of the National Highways Act, 1956 states that if the amount determined by the competent authority under sub-section (1) or sub-section (2) is not acceptable to either of the parties, the amount shall on an application by either of the parties, to be determined by the arbitrator to be appointed by the Central Government. Sub-section (6) of Section 3G of the 1956 Act states that subject to the provisions of the Act, the provisions of the Arbitration and Conciliation Act, 1996 shall apply to every arbitration under this Act. 2 At this stage, the learned advocate appearing for the petitioner prays for liberty to approach the arbitrator under the provisions of Section 3G(5) of the 1956 Act. The State and the Union of India are represented by their respective counsels. In the light of the submission made by the learned advocate for the petitioner, WPA 21203 of 2025 stands disposed of leaving the petitioner free to avail of the recourses under Section 3G (5) of the 1956 Act. If such an approach is made, the arbitrator shall act in accordance with law and dispose of the proceeding as expeditiously as possible. There will be no order as to costs. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Hiranmay Bhattacharyya, J.)