Research › Search › Judgment

Gauhati High Court · body

2025 DIGILAW 1199 (GAU)

Executive Director (Projects) NHIDCL v. T. Lalhmachhuani

2025-07-28

DEVASHIS BARUAH, MRIDUL KUMAR KALITA

body2025
JUDGMENT AND ORDER : Devashis Baruah, J . Heard Mr. P. J. Saikia, the learned Senior counsel assisted by Ms. M. Nirola, the learned counsel appearing on behalf of the review applicants. I have also heard Mr. P. D. Nair, the learned counsel appearing on behalf of the respondent Nos. 1 to 6 and Ms. Marry Khiangte, the learned Government Advocate appearing on behalf of the respondent No.7. 2. The present application has been filed by the review applicants seeking review of the judgment and order dated 24.10.2024 passed in Writ Appeal No.10/2024. 3. The grounds so taken in the instant review petition is that an error apparent on the face of the record had crept in the judgment and order dated 24.10.2024 on the ground that this Court had misconstrued the Document dated 17.04.2021 as an order passed under Section 3G(1) of the National Highways Act, 1956 (for short ‘the Act of 1956’). It is the specific case of the review applicants that till date, there is no order passed in terms with Section 3G(1) of the Act of 1956 though the notification under Section 3D of the Act of 1956 was issued on 29.09.2020. 4. At the outset, it is relevant to take note of that pursuant to the judgment and order dated 24.10.2024 in Writ Appeal No.10/2024, the review applicants herein have approached the Supreme Court under Article 136 of the Constitution of India which was registered and numbered as Special Leave to Appeal (C) No.057/2025. The learned Senior counsel who represented the review applicants before the Supreme Court withdrew the said appeal with a liberty to seek modification of the impugned judgment and order dated 24.10.2024. The said Special Leave Petition was dismissed vide an order dated 17.02.2025. However liberty was granted to the review applicants to file application seeking modification of the judgment and order dated 24.10.2024. 5. In the backdrop of the above, let this Court take note of as to whether a case has been made out for exercise of the review jurisdiction by this Court and/or modification of the judgment and order dated 24.10.2024. 6. 5. In the backdrop of the above, let this Court take note of as to whether a case has been made out for exercise of the review jurisdiction by this Court and/or modification of the judgment and order dated 24.10.2024. 6. The specific ground which is taken is that the Document dated 17.04.2021 is not an order under Section 3G(1) of the Act of 1956 and as such, the directions issued by this Court to deposit the amount of compensation as determined in the Document dated 17.04.2021 before the competent authority at the earliest and not later than 30 days from the date of the judgment and further directions issued to the competent authority to disburse the amount of compensation in terms with Section 3H of the Act of 1956 is an error apparent on the face of the record. 7. This Court has duly taken note of the Document dated 17.04.2021 and the contents thereof. The said Document dated 17.04.2021 issued by the competent authority for land acquisition being relevant is reproduced herein under: “ No.C.31015/1/2020-DC(STL) GOVERNMENT OF MIZORAM OFFICE OF THE DEPUTY COMMISSIONER SAITUAL DISTRICT : SAITUAL ***** Dated Saitual, the 17th April, 2021 To The General Manager (Projects) NHIDCL, PMU-Seling Thingsulthliah, Aizawl Sub: Rehabilitation and Up-gradation to 2 lane with paved shoulders of Seling- Dulte section (Economic Corridor) of NH-6 from Existing Chainage km 14 to km 54.6 (Package-I, II, III & IV) in the state of Mizoram under Bharatmala Pariyojana on EPC mode – “ Submission of ‘3G’ estimate within Saitual District ”. Ref: (1) ‘3a notification vide S.O. No.4631, 4634, 4635, 4637 dated 26.12.2019. (2) ‘3A notification vide S.O. No.2734(E), S.O. No.2735(E), S.O. No.2736(E), S.O. NO.2737(E) dated 11.08.2020. (3) ‘3D’ notification vide No. S.O. 3402(E), No.S.O.3403(E), No. S.O. 3404(E), No. S.O.3405(E) dated 29.09.2020 and S.O. No.4098(E) dated 13.11.2020. Sir, Please refer to the Gazette of India notification as referred above regarding the ‘Appointment of CALA’, ‘Intention to Acquire’ & ‘Declaration of Acquisition’ under NH-Act of 1956 for the land acquisition of the subject work. 1. Further, in as per the proceedings of NH-Act, 1956 under section ‘3G’, CALA has determined the amount payable as compensation to the beneficiaries/person in accordance with RFCTLARR, 2013 for the beneficiaries/persons interested notified vide 3‘A’ & 3‘D’ notification at ref. SN-(ii) & (iii), which is submitted herewith for approval of the central govt. 2. 1. Further, in as per the proceedings of NH-Act, 1956 under section ‘3G’, CALA has determined the amount payable as compensation to the beneficiaries/person in accordance with RFCTLARR, 2013 for the beneficiaries/persons interested notified vide 3‘A’ & 3‘D’ notification at ref. SN-(ii) & (iii), which is submitted herewith for approval of the central govt. 2. It is also pertinent to mention that following exercise has been also undertaken by CALA. (i) Publication of ‘3A’ notifications at SN-(ii) above, in two local newspaper. (ii) Hearing of Objections u/s ‘3C’ for the period of 21 days from the publication of 3A in 2 local newspapers & disposal by CALA vide Memo No.C.31015/1/2020-DC(STL) dated 22.09.2020. (iii) Publication of ‘3D’ Notifications in two local newspaper namely, “Saitual Post” dated 26.11.2020, and “Vanglaini” dated 25.11.2020. (iv) Notice for inviting objections within 15 days from publication of ‘3D’ notification vide Memo No.C.31015/1/2020-DC(STL) dated 23.11.2020, as per Annexure 3.2 of manual of Guidelines by MoRTH. (v) For Govt. land no land value has been calculated by CALA. (vi) For Community/CPRs, only asset value as assessed by PWD Engineer has been calculated i.e., Solatium has not been calculated. (vii) The valuation of Crops/Plants/Trees etc. has been done on the basis of rates decided by Govt. of Mizoram vide notification No.K.12011/10/2007-REV dated 21.09.2020. (viii) The valuation of structures/buildings has been done by PWD Engineer as per latest Schedule of Rates-Plinth area rates-2019. (ix) The 10% Contractor’s profit has been deducted from Private buildings as assessed by PWD Engineer. (x) The market rates for lands to be acquired for NH-54 within Saitual District under Section NH Act, 1956 are as per letter No. vide No.C.31015/1/2020-DC(STL) dated 10.12.2020 and has been applied accordingly. (xi) The period of interest at the 12% per annum has been considered as from the date of 3A Notification to Submission of ‘ 3G’ (Part-II) Estimate, i.e. 11.08.2020 to 17.04.2021. 3. It is therefore, requested the amount payable to beneficiaries/person interested u/s ‘3G’ of NH-Act, 1956 in the Part-II as per the estimate enclosed be approved by the Central Govt. and the fund amounting to Rs.53,28,15,622/- (Rupees Fifty-three Crore Twenty-Eight Lakh Fifteen Thousand Six Hundred Twenty-Two) only be submitted to the Joint Account of CALA & NHIDCL. 3. It is therefore, requested the amount payable to beneficiaries/person interested u/s ‘3G’ of NH-Act, 1956 in the Part-II as per the estimate enclosed be approved by the Central Govt. and the fund amounting to Rs.53,28,15,622/- (Rupees Fifty-three Crore Twenty-Eight Lakh Fifteen Thousand Six Hundred Twenty-Two) only be submitted to the Joint Account of CALA & NHIDCL. The details of Joint CALA Account is as mentioned below: Name of the Account : NH-06 Compensation Award Account Number : 39818740596 IFSC : SBIN0005842 Address : SBI, Saitual Branch 4. The 3G estimate is being submitted for Part-II (120 cases) and for the balance estimated will be submitted shortly for 3G (Part-III). Encl: 1. Annexure 3.4 of Manual of Guidelines by MoRTH for the Essential Components of the Award to be announced by CALA under Section 3G. 2. 3G (Part-II) Estimate. Yours faithfully, ( MARGARET LALRINAWMI FANAI Competent Authority for Land Acquisition & Addl. Deputy Commissioner Saitual District, Saitual Dated Saitual, the 17 th April, 2021 8. From the above quoted contents of the Document dated 17.04.2021, it appears that the competent authority had determined the amount payable as compensation to the beneficiaries or the persons in accordance with Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for the beneficiaries/persons interested notified under Section 3A and 3D of the Notification. It further stipulates in paragraph No.2 of the said Document that hearing was duly conducted and after taking into account the various aspects as mandated in Section 3G(7), the amount of Rs.53,28,15,622/-, have been arrived at. The enclosures to the said Document dated 17.04.2021 further details out the manner in which the computation were carried out. 9. From the contents of the said Document dated 17.04.2021, we maintain our opinion that the said Document dated 17.04.2021 along with the enclosures therewith would be an order of the competent authority under Section 3G(1) of the Act of 1956. We further take note of that in terms with the liberty so granted by this Court in the judgment and order dated 24.10.2024 in Writ Appeal No.10/2024, the review applicants have sought for reference in terms with Section 3G(5) of the Act of 1956 on 03.12.2024 seeking re-determination of compensation on the ground that the respondent Nos. We further take note of that in terms with the liberty so granted by this Court in the judgment and order dated 24.10.2024 in Writ Appeal No.10/2024, the review applicants have sought for reference in terms with Section 3G(5) of the Act of 1956 on 03.12.2024 seeking re-determination of compensation on the ground that the respondent Nos. 1 to 6 herein were not entitled to the compensation as awarded in the Document dated 17.04.2021 in view of Section 12(4) of the Mizoram (Land Revenue) Act, 2013. 10. We have also been informed that the said arbitration proceedings are presently pending before the Arbitrator appointed in terms with Section 3G(5) of the Act of 1956. We further maintain our opinion that the Document dated 18.08.2021 have been issued by the competent authority after the competent authority had already becomes the functus officio and as such, it has no legal basis. Accordingly, we find that there is no error apparent on the face of the record requiring exercise of our review jurisdiction. 11. The learned Senior counsel appearing on behalf of the review applicants submitted that in view of the directions passed by this Court in the judgment and order dated 24.10.2024; upon deposit of the said amount before the competent authority for land acquisition, the competent authority have been directed to disburse the amount in favour of the respondent Nos. 1 to 6. The learned Senior counsel submitted that in the eventuality such disbursal done, it will be difficult on the part of the review applicants to recover the said amount in the circumstance, the Arbitrator decides the reference in favour of the review applicants. 12. We find it pertinent at this stage to take note of Section 3G(6) of the Act of 1956 which stipulates that the provisions of the Arbitration and Conciliation Act, 1996 (for short ‘the Act of 1996’) shall apply to every Arbitration under the Act of 1956. We are aware of the fact that till date, there has been no disbursal of the amount in favour of the respondent Nos. 1 to 6 herein. We are aware of the fact that till date, there has been no disbursal of the amount in favour of the respondent Nos. 1 to 6 herein. Taking into account that the learned Arbitrator is in session of the said proceedings, we observe that the directions so passed by this Court to disburse the amount by the competent authority shall not affect the powers of the learned Arbitrator to pass appropriate interim measures in terms with the Section 17 of the Act of 1996, if an application is filed before the learned Arbitrator by the review applicants and a case is made out for issuing interim measures. For the sake of clarity, we observe that the learned Arbitrator would have the power under Section 17 of the Act of 1996 to pass interim measures for protection of the amount so directed to be disbursed to the respondent Nos. 1 to 6 vide the judgment and order dated 24.10.2024. 13. With above observations and directions, the instant review application stands disposed of.