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Judgment
The short challenge in this writ petition is to the order dated 8th February, 2006 issued by the District Magistrate (DM), Burdwan (now Purba Burdwan) under the National Highways Act, 1956 (for short the 1956 Act).
Mr. Ray, Learned Counsel, appears for the petitioners and argues that although the Award as declared by the DM/Respondent No.2 has been received by the petitioners, such Award is a non-speaking Award inasmuch as the specific parameters enjoined to be considered by the learned Arbitrator under Section 3(G)(7) of the 1956 Act have not been considered.
Mr. Ray therefore submits that notwithstanding the objections with regard to the maintainability of the writ petition, on the strength of the decision as reported in AIR 1976 SC 425 and (2003) 12 SCC 91(Paragraph 15), this Court sitting in Writ Jurisdiction is not precluded from taking into consideration the non-speaking order.
The further point is raised by Mr. Ray that the matter was remanded to the DM/Arbitrator for a decision on merits in terms of the 1956 Act by an order of the Hon'ble Court dated 14th December, 2005 in W.P. 18136 (W) of 2005.
In view of the order of the Court dated 14th December, 2005, on which date no objection with regard to the lack of maintainability of the writ petition was taken by the Respondents and further in view of the fact that the writ petition is now pending for final consideration now, this Court may also take notice of Paragraph 18 of (2003) 12 SCC Page 91 and appropriately intervene.
On behalf of the State-respondents, Mr. De appears and submits that under Section 3(G)(6) of the 1956 Act the petitioners must take recourse to The Arbitration and Conciliation Act, 1996 for challenging the Award.
Accordingly, there is a preliminary hurdle to admitting the writ petition. Having heard the parties and considering the materials placed, this Court is of the view that for the sake of discussion Section 3(G)(7) of 1956 be set forth in full:-
"(7) The competent authority or the arbitrator while determining the amount under sub-section (1) or sub-section (5), as the case may be, shall take into consideration-----
(a) the market value of the land on the ate of publication of the notification under section 3-A;
(b) the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the severing of such land from other land;
(c) the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the acquisition injuriously affecting his other immovable property in any manner, or his earnings;
(d) if, in consequences of the acquisition of the land, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change."
From a clear reading of Section 3(G)(7) (supra), this Court finds that the order of the DM/Arbitrator dated 8th February, 2006 is indeed a non-speaking one since the DM/Arbitrator has taken a simplistic view of allowing the compensation calculated on a consolidated basis without complying with the statutory obligation under Section 3(G)(7) to assess each of the heads of compensation eligible to be received by the petitioner.
In the above view of the matter, the matter is once again remanded to the DM/the Respondent No.2 to address the compensation eligible to be received by the petitioners under Section 3(G)(7) (a), (b), (c) and (d)
above.
Since the petitioners have already received compensation as granted by the order dated 8th February, 2006 without prejudice, such action is not disturbed and the DM shall now proceed to calculate afresh and disburse the balance amount, only if further payable.
The above directed exercise shall be completed not later than a period of twelve weeks from the date of communication of this order.
WP No.19002 (W) of 2006 stands accordingly disposed of.
Urgent Photostat certified copy of this order, if applied for, be supplied to the parties on compliance of necessary formalities.