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Judgment
Assailing the Memo No. 243/L.A. (G) dated 28th February 2018 whereby and whereunder the Land Acquisition Collector (G), Howrah contemplated
to reverify the estimate of award on structure, the present writ petition is filed. According to the petitioners, once the award has been made and a
direction was passed by this Court in an earlier writ petition for determination of the compensation for land in question as well as the structure, there is
no scope for the said Land Acquisition Collector to issue such memo for reverification of the estimate of award on structure.
Prior to the instant writ petition, the petitioners approached this Court in WP 19475 (W) of 2017 challenging the quantum of compensation determined
under Section 3G(1) of the National Highways Act, 1956. In view of the provisions contained under Section 3G(5) of the said Act, once the objection
is raised it is obligatory on the part of the authority to refer the matter to the arbitration.
While disposing of the earlier writ petition, this Court directed the authority to determine by way of arbitration both the awards for land in question as
also the structure thereon, if there be any and the liberty was given to the petitioners to receive the amount so determined without prejudice to their
rights and contentions under the law.
It is uniformly submitted that the petitioners have approached the arbitrator and the matter is sub-judice. The authorities cannot act in derogation with
the provisions of law applicable in this regard. The award is passed under the provisions of the National Highways Act, 1956 and if the further remedy
is provided under the said Act, the authority other than the authority under the said Act cannot usurp the power and proceeded to reverify the estimate
of award on structure. It is submitted by the petitioners that after the service of the copy of the writ petition the compensation has been paid to them
and, therefore, the impugned memo cannot independently stand.
Since the remedy has been provided under the statute and the parties have availed such remedy, the memo issued by the Land Acquisition Collector
(G), Howrah cannot be sustained. Furthermore, the said memo appears to have been issued against the tenet of the order passed in the earlier writ
petition and, therefore, this Court is unable to uphold the said decision taken by the Land Acquisition Collector (G), Howrah.
Accordingly, the impugned memo is quashed and set aside. The parties are at liberty to participate in the arbitral proceeding initiated or to be initiated
and the arbitrator shall decide the issue independently without being swayed by any observations recorded herein above. With these findings, the writ
petition is disposed of. There shall, however, be no order as to costs.