Kenejban Bewa Alias Kenejban Beoya Molla And ORS. v. State Of West Bengal And ORS.
WPA 24052 of 2025 Item- A208.
25-06-2026 Kenejban Bewa alias Kenejban Beoya Molla & Ors.
Versus
State of West Bengal & Ors.
Ct. 19 sg Mr. Prosenjit Muherjee Ms. Manisa Mondal Ms. Babita Pramanik ...for the petitioners Mr. Nilanjan Bhattacharjee, SSC Ms. Jayita Dhar Chakraborty Mr. Rhitam Chatterjee ...for the State Mr. Amit Mehoria Ms. Paromita Banerjee Mr. Sayan Dey Mr. Yash Mahmia ... for the NHAI On the prayer of the learned Counsel for the petitioners, leave is given to the learned Advocate for the petitioners to file the supplementary affidavit. The supplementary affidavit filed in Court is taken on record.
The petitioners are aggrieved by the determination of compensation by the competent authority under Section 3G of the National Highways Act, 1956.
The learned Advocate appearing for the petitioners submits that the compensation amount has been determined by taking the valuation of the land as Rs.9000/- per decimals whereas, according to the petitioners, the valuation of the land is more than Rs.60,000/- per decimals as per the sale deeds of adjacent plots.
Being aggrieved by the compensation determined by the competent authority, the petitioners claim to have approached the Arbitrator under Section 3G(5) of the National Highways Act, 1956 on 16th September, 2025.
The learned Advocate appearing for the petitioners submits that till date, the Arbitrator has not passed any final orders.
The learned Counsel appearing for the National Highway Authority submits that the amount determined under Section 3G has been deposited by the National Highway Authority with the competent authority.
The learned Advocate for the NHAI prays for leave to supply the copy of the document in support thereof to the learned Advocate for the petitioners by Tuesday (30.06.2026). Such submission of the learned Advocate for the NHAI is placed on record.
In the light of the submissions made by the learned Advocates for the respective parties, this writ petition stands disposed of by directing the Arbitrator under the National Highways Act, 1956 to consider the application submitted by the petitioners on 16th September, 2025 and to dispose of the same by passing an order in accordance with law as expeditiously as possible but positively within a period of six weeks from the receipt of the server copy of this order along with a cop of the application, which has been filed before the Arbitrator.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.
(Hiranmay Bhattacharyya, J.)