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2026 DAILYLAW 9491 (CAL)

AMDANGA KENDRIYA 34 NO JATIYA SARAK SAMPRASARANER PHOLE PROTARITODER NYAJYA ODHIKAR RAKSHA COMMITTE v. STATE OF WEST BENGAL AND ORS.

WPA/6299/2026 · 2026-04-16

Hiranmay Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L- 3 16/04/2026 Ct. No.-19 Aritra WPA 6299 of 2026 Amdanga Kendriya 34 No. Jatiya Sarak Samprasaraner Phole Protaritoder Nyajya Odhikar Raksha Committee Vs. The State of West Bengal & Ors. Mr. Abhijit Sarkar Mr. Raja Biswas ….for the petitioner Mr. Amal Kr. Sen, AAG Mr. Lal Mohan Basu ….for the State Affidavit of service filed in Court today is taken on record. A committee under the name and style “Amdanga Kendriya 34 No. Jatiya Sarak Samprasaraner Phole Protaritoder Nyajya Odhikar Raksha Committee” has approached this Court praying for a direction upon the respondent authorities to disburse the compensation as per the current market valuation of the acquired land in favour of the land owners of Amdanga area, whose lands were acquired for the purpose of widening the National Highway No.34 and for other consequential directions. Record reveals that the competent authority under the National Highway Act, 1956 determined the amount of compensation payable to the land owners. Aggrieved by such determination of compensation, the individual land owners approached the Arbitrator appointed by the Central Government under the provisions of Section 3G(5) of the 1956 Act. The learned Additional Advocate General draws the attention of the Court to the statements made in 2 paragraph 8 of the writ petition in support of his contention that the notice for payment of arbitral award as enhanced from the award of the competent authority under Section 3H(2) of the 1956 Act was issued to the land owners of Amdanga area. He further submits that the enhanced compensation has also been paid to the individual land owners. The individual land owners, whose property has been utilised for the purpose of widening of the National Highway have not approached this Court. Sub-section (6) of Section 3G of the 1956 Act states that the provisions of the Arbitration and Conciliation Act, 1996 shall apply to every arbitration made under the 1956 Act. Any land owner(s), who may be aggrieved by the arbitral award, are left free to work out their remedies in accordance with the relevant provisions of the statute. For such reason this Court is not inclined to entertain a writ petition at the instance of an association when the individual land owners have already availed of the recourses under the 1956 Act till the stage of Section 3G(5) of the 1956 Act. With the above observation WPA 6299 of 2026 stands disposed of. 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.)