20.07.2026 Item No.05 Ct. No. 19 PG WPA 11489 of 2025 Sujit Kumar Nandi & Ors. Vs. Union of India & Ors. Mr. Anindya Bose Mr. Krishan Roy Mr. Sekhar Mukherjee Mr. Anindya Chowdhury Ms. Ishita Kundu Ms. Raima Das Mr. Subhajit Mukherjee ……….for the petitioners Mr. Nilanjan Bhattacharjee, Sr. Adv. Ms. Jayita Dhar Chakraborty Mr. Swapnamoy Sarkar ……………for the State Mr. Asis Mukherjee Mr. Ashok Halder………for the Union of India 1. Affidavit of service, as filed today on behalf of the writ petitioners is taken on record. 2. The writ petitioners, respondent/State and the Union of India are represented by their respective learned counsel. 3. At the time of hearing, learned advocate appearing on behalf of the writ petitioners submits before this Court that for the present, he is pressing prayer (b) i.e. for issuance of appropriate writ/writs against the respondent no. 5 authorities, more specifically against the respondent no. 4 2 authority commanding him to refer the dispute regarding the adequacy of compensation, as have been determined in favour of the present writ petitioners before the arbitrator under section 3G(5) of the National Highways Act, 1956 (‘Act of 1956’ in short). 4. For effective adjudication of the instant writ petition, this Court proposes to look to section 3G of the Act of 1956 and the same is quoted hereinbelow in verbatim: “[3G. Determination of amount payable as compensation.(1)Where any land is acquired under this Act, there shall be paid an amount which shall be determined by an order of the competent authority. (2)………………. (3)………………. (4)………………. (5) 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, be determined by the arbitrator to be appointed by the Central Government. (6)………………………. (7)……………………….” 5. On careful perusal of the aforementioned legislative provision, it reveals to this Court that it is the intention of the Legislature that in the event the amount 3 determined by the competent authority under sub-section (1) or sub-section (2) of section 3G of the Act of 1956, for the purpose of acquisition of land for construction of a Highway is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government. 6. 6. It thus, appears to this Court that there cannot be any direction upon the respondent no. 4 authority to refer the dispute before the arbitrator since it is legislative intention that in the event the writ petitioners are themselves aggrieved with the inadequacy of the compensation, as has been determined by the appropriate authority (respondent no. 4 in this case), the writ petitioners have to approach before the arbitrator. 7. Such being the position, this Court directs the respondent no. 4 authority to communicate the details of the arbitrator, as has been appointed by the Central 4 Government in terms of section 3G (5) of the Act of 1956 positively within 30 working days from the date of communication of the server copy of this order. 8. It is further directed that in the event the writ petitioners, after receipt of such communication from the respondent no. 4 authority approaches the said Arbitrator within 30 working days from the date of receipt of such communication, the said Arbitrator shall treat the application within the period of limitation and he is further directed to dispose of the dispute, as would have been raised by the writ petitioners positively within 120 working days from the date of making application referring the dispute. 9. Liberty is given to the writ petitioners to communicate the server copy of this order to the respondent no. 4 authority as well as to the arbitrator, whose names and details would be provided by the respondent no. 4 authority to the writ petitioners and those authorities are 5 directed to act on the server copy of this order. 10. With the aforementioned observations, the instant writ petition is disposed of. 11. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities. (PARTHA SARATHI SEN, J.)