RAKHAL CH. GHOSH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A. Nandi, learned counsel appearing for the petitioner as well as Mr. D.C. Saha, learned counsel appearing for the respondents.

(2.) The grievance of the petitioner falls within a short compass. The land of the petitioner measuring 0.005 acre classified as dokan viti was acquired by the competent authority for National Highway No.44 by the notification No.F.NH- 12037/86/2014/TR/SARDP-NE(part) dated 01.01.2015 issued under Section 3D of the National Highways Act, 1956. On 11.09.2015, the notice of award was issued, but the petitioner was dissatisfied with the determination of the market value and he had immediately raised the claim for determination of the appropriate value of the acquired land. In view of dissatisfaction as expressed by the petitioner, the case was referred to Arbitration being Arbitration Case No.171 of 2016 and as per the notification, the District Magistrate and Collector, Gomati District was appointed as the arbitrator. Due notice was issued to the petitioner by the competent authority on 06.10.2016 and the matter was taken on 04.11.2016 and the following order was passed :

(3.) It is apparent that the next date for arbitration was fixed on 23.12.2016 and on that day no effective hearing had taken place for unavoidable circumstances. The first date was fixed on 16.05.2017 and on that day the following order was passed :