WP(C) 5803/2010 BEFORE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Ms. Devi, learned counsel for the petitioners and Mr. Chakraborty, learned Central Government counsel appearing for the respondent Nos.1 to 3 and Mr. Hand ique, learned State counsel appearing for the respondent Nos.4 and 5. The petitioners, 7 (seven) in numbers, by the present petition have prayed for a direction to the respondent authorities to pay the proper and adequate compensa tion in respect of the homestead land acquired under the provisions of the Natio nal Highways Act, 1956 (in short, 1956 Act ), contending inter alia that though the land belonging to the petitioners were acquired under the provisions of the said Act and the amount of compensations were assessed and paid, the same is hi ghly inadequate, keeping in view the land value, the buildings constructed there on as well as the value of the Zirat. The petitioners in paragraph 15 of the wr it petition have admitted the assessment of compensation, which according to the m, is inadequate and also the payment of the same. It appears that the petitioners are claiming more compensation than it has been assessed. Section 3 G(5) of the 1956 Act provides that if the amount determined by the competent authority under Sub-Section (1) or Sub-Section (2) is not acce ptable to either of the parties, the amount shall, on an application by either o f the parties, be determined by the Arbitrator to be appointed by the Central Go vernment. The method of determination of the amount of compensation payable by the Arbitrator has also been stipulated in the Act. Mr. Chakraborty, learned Central Government Counsel appearing for the respondent Nos.1 to 3 has submitted that the Commissioner, Lower Assam Division has alread y been appointed as Arbitrator under the provisions of the 1956 Act and, therefo re, the matter has to be decided by the said authority relating to the enhanceme nt of amount of compensation as claimed by the petitioners. That being the position, the petitioners shall approach the Arbitrator, so appoi nted by the Central Government, for enhancement of the amount of compensation, s ince they are aggrieved by the amount so fixed by the authority. In the event o f making such approach, the Arbitrator shall definitely decide the said proceedi ng in accordance with law. The writ petition is accordingly disposed of. No costs. Interim order passed earlier, if any, stands vacated.