TAHMINA BEGUM Vs. UNION OF INDIA

JUDGEMENT

(1.) Both the writ petitions are taken up for disposal by this common judgment and order taking into account that the relief sought for in both the writ petitions are the same.

(2.) It appears from a perusal of the pleadings in both the writ petitions that certain lands belonging to the Petitioners were acquired under the provisions of the National Highways Act, 1956 (for short 'the Act of 1956'). Pursuant to the said acquisition so carried out, an order was passed under Sec. 3G of the Act of 1956 by the Competent Authority.

(3.) The Petitioners being aggrieved had approached the Commissioner, Lower Assam Division, Guwahati (Arbitrator) under Sec. 3G (5) of the Act of 1956 and the learned Arbitrator had passed two Awards on 29/8/2014 in Case No. RR 61/2012 and in Case No. RR 80/2012 thereby directing the Competent Authority thereby to re-compute the compensation on the basis of the directions passed therein and pay the compensation accordingly on the basis of such assessments made. The Petitioners thereupon had approached the Competent Authority on numerous occasions but the directions contained in the Awards passed by the learned Arbitrator dtd. 29/8/2014 were not complied with for which both the writ petitions were preferred by the Petitioners seeking a direction upon the Respondents to expedite the matter for payment of compensation in terms with the direction specified in the orders dtd. 29/8/2014 passed in Case No. RR 80/2012 (W.P.(C) No. 3435/2018) and in Case No. RR 61/2012 (W.P.(C) No. 1130/2018).