Highway 29 upgradation by NHIDCL: GHC orders reassessment of land valuation within four weeks
STAFF REPORTER
GUWAHATI: The Gauhati High Court recently directed the Valuation Officer (Income Tax) to carry out an assessment of the plots of land and buildings of individuals, being acquired for a highway project, within four weeks.
Regarding the valuation of the trees, plants and crops attached to the plots of land in question, the court stated that the same has already been carried out as per an order passed earlier on May 2, 2023, and valuation report has also been submitted. Therefore, no further exercise is required in that regard, the court said.
The order was passed regarding a petition (WP(C)/5709/2023) filed by the Union government and National Highway and Infrastructure Development Corporation Ltd. (NHIDCL) engaged in the work of widening and upgrading the existing National Highway No. 29, passing through Karbi Anglong District of Assam, to a four-lane Highway. The work on the highway is stalled after the private respondents in the case earlier filed a plea for re-assessment of the plots of land, the buildings standing on their plots of land and the trees and crops on them.
It should be mentioned here that NHIDCL has been acquiring plots of land belonging to the private respondents for carrying out the work of widening and upgrading of the existing National Highway No. 29 to a four-lane Highway. Compensation is being paid to the owners of the land being acquired for the purpose.
However, the owners of the land, being dissatisfied with the assessment of compensation made by the State PWD authorities pertaining to the valuation of the buildings and trees etc., standing thereupon, had approached the Commissioner-cum-Arbitrator appointed under section 3G(5) of the National Highways Act, 1956, for re-assessment of value of the buildings and trees. The Arbitrator had passed an order dated April 19, 2023, restraining NHIDCL from demolishing the residential houses and structures standing over the land and also from uprooting trees planted therein and fixed the next date of hearing on May 2, 2023.
On May 2, 2023, the Commissioner-cum-Arbitrator had directed the Valuation Officer, Income Tax to assess the market value of the buildings, houses and structures of the petitioners at the rate applicable as on November 31, 2022. For assessing the plants, trees and crops attached to the land under acquisition, the District Commissioner, Karbi Anglong District, in association with the Divisional Forest Officer, Karbi Anglong East Division and the District Agriculture Officer, Karbi Anglong District, were directed to assess the names and numbers of the trees, plants, crops, etc., attached to the acquired plots of land of the respective petitioners. The matter was fixed for hearing again on May 9, 2023.
However, by that date, the State Government had abolished the post of Commissioner-cum-Arbitrator, as a result of which, the matter could not proceed any further. The interim order dated April 19, 2023, passed by the then Arbitrator is still holding the field and due to the abolition of the post of Arbitrator, there is no possibility of that order being vacated or modified in the near future, it was observed.
So, the Central government and NHIDCL approached the HC seeking vacation or modification of the interim order dated April 19, 2023 passed by the Arbitrator on the ground that due to the operation of the said order, the construction work of the National Highway has been stalled in that area.
However, counsel for the petitioners, RK Talukdar, submitted that the Valuation Officer (IT) as well as the CPWD expressed inability to carry out assessment of the buildings of the petitioners.
In view of the facts and circumstances of this case, the HC disposed of the writ petition by providing that within four weeks from the day of issue of the order, the assessment of the buildings of the petitioners shall be carried out by the Valuation Officer (Income Tax).
So far as the valuation of the trees, plants, crops, etc., attached to the land in question is concerned, the HC said that the same has already been carried out as per the order dated May 2, 2023 and the valuation report has also been submitted. Therefore, no further exercise is required in that regard.
Therefore, the court ruled, provided that subject to fulfillment of the above conditions, the interim order dated April 19, 2023, passed by the former Arbitrator, would stand vacated on the submission of report by the Valuation Officer, Income Tax Authorities, before the respondent NHIDCL.
However, the court ruled that if the land owners continued to feel aggrieved in the matter even thereafter, it would be open for them to approach the HC again, by filing appropriate writ petition.
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