Calcutta High Court (Appellete Side)
Jakir Hossain vs Union Of India & Ors on 15 November, 2017
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
1 49 15.11.
BR W.P. 5908 (W) of 2016
2017
Jakir Hossain
Versus
Union of India & ors.
Mr. Arindam Das,
Ms. Rumeli Sarkar .... For the petitioner
Mr. Bipin Ghosh
.... For the State
The issue in question is whether a writ petition can be maintained asking for the highway authorities to be bound under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 after commencement of or conclusion of the arbitration proceeding for award of compensation under the National Highway Authority Act .
It is informed at the bar that an order supporting the writ petitioner's contention has been challenged by the National Highway Authority before the Division Bench of this Hon'ble Court which set aside the view of the Hon'ble Single Bench that the writ petition is maintainable to ask for application of 2 the 2013 Act notwithstanding commencement and /or conclusion of the arbitration process under the National Highway Act. The writ petitioners thereafter are stated to have carried the matter to the Hon'ble Supreme Court of India under Article 136 of the Constitution of India and the said Special Leave Petition is since pending disposal.
In view of the above the order of the Division Bench would stand until disposal of the Special Leave Petition by the Hon'ble Supreme Court of India.
Let the matter stand over and remain outside the list till such time the Hon'ble Supreme Court of India decides the said pending Special Leave Petition.
Let the matter go out of the list.
Liberty to mention.
( Rajasekhar Mantha , J. )