Libertatem Magazine

Writ Petition for Compensation Accepted by Calcutta High Court 

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The Petitioner Purna Ch. Biswas filed a Writ Petition with the complaint that their claims for a higher quantum of compensation have not yet been decided by the Arbitrator. The Court decided in the favour of Petitioner, accepting the Writ Petition.

Facts of the Case

In the present case, grievances arise as the Petitioner did not accept the amount of compensation ascertained by the competent authority. At the instance of the Petitioners, their claim for a higher amount of compensation was referred to arbitration. The arbitration proceeding before the Arbitrator, being the District Magistrate, Nadia was governed by the provisions of the Arbitration and Conciliation Act, 1996. 

Arguments on behalf of the Petitioner

The learned counsel on behalf of the Petitioners alleged that the Arbitrator has only fixed the rate of compensation in respect of different categories of land acquired by the National Highways Authority. It is the specific case of the Petitioners that the Arbitrator has not made or published any award as provided under the Act of 1996 declaring the amount of compensation receivable by them. 

Arguments on behalf of the State Respondent

Mr De, learned advocate for the State Respondents produced certain documents, wherefrom it appears that the Arbitrator had held the arbitral sittings on various dates in the year 2015, which were attended by the Petitioners and other persons who also claimed higher amounts of compensation in respect of their respective plots of land.

Decision of the Court

The Court passed an order stating that the District Magistrate who passed the decision dated 29th September 2015 is no more available and, as such, his mandate as an Arbitrator stands terminated. Furthermore, the Court directed to proceed with the arbitration proceeding afresh and pass a reasoned award dealing with the claim of the Petitioners for a higher quantum of compensation, terminating the previous inquiries made. The Court passed the order admitting the writ petition.

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