WP(C) 3155/2011 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr KR Patgiri, learned counsel for the petitioner and Mrs P Gogoi, learned CGC appearing for the respondent nos.1,2 and 6. Also heard Mrs HM Phuka n, learned state counsel appearing for the respondent nos.3,4,5 and 7. The petitioner, by this petition, has challenged the notification dated 29th December, 2005 issued by the competent authority under the provisions of Na tional Highways Act, 1956, acquiring the land belonged to him free from all encu mbrances. The ground of challenge to the notification is that the amount assessabl e under Sections 3G(2) and 3G(7)(c) & (d) of the Act has not been assessed and p aid to the petitioner, though an amount of Rs.24,31,600/-(Rupees twenty-four lak h thirty-one thousand six hundred) only has been paid as the compensation toward s the acquired land. Learned counsel for the petitioner submits that since the petitioner is entitled to the compensation under Sections 3G(2) and 3G(7)(c) & (d) but the com pensation has not been assessed and paid to the petitioner, the notification iss ued by the competent authority under the said provision of law cannot be given e ffect to. Learned counsel, therefore, submits that the writ petition may be disp osed of directing the respondent authorities to assess the compensation under Se ctions 3G(2) and 3G(7)(c) & (d) of the said Act. Learned Central Government Counsel(CGC), placing reliance on the affidav it-in-opposition filed submits that proper assessment has been done, pursuant to which an amount of Rs.24,31,600/-(Rupees twenty-four lakh thirty-one thousand s ix hundred) only has been paid to the petitioner as compensation payable under t he said Act. It has also been submitted that if the petitioner is aggrieved by a ny amount as awarded he may approach the competent authority as required under s ub-section (5) and Section 3G of the said Act. Learned state counsel also submits that if the petitioner has any grieva nce relating to the compensation as awarded by the competent authority he may ap proach the Central Government under Section 3G(5) of the Act. It is not in dispute that an award has been passed, on the basis of whic h a sum of Rs.24,31,600/-(Rupees twenty-four lakh thirty-one thousand six hundre d) only has been paid to the petitioner. The petitioner claims that though he is entitled to the amount under Sections 3G(2) no amount has been paid to him. Sub-section (5) of Section 3G of National Highways Act, 1956, provides t hat if the amount determined by the competent authority under sub-section (1) or sub-section (2) is not acceptable to either of the parties, the amount shall, o n an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government. Sub-section (7) of Section 3G, provides th e factors to be taken into consideration by the competent authority or by the ar bitrator while determining the amount under sub-section (1) or sub-section (5), as the case may be. As discussed above, an amount of Rs.24,31,600/-(Rupees twenty-four lakh thirty-one thousand six hundred) only has been awarded and paid to the petitione r. It appears that the petitioner is not satisfied with the award, contending, t hat the amount payable under Section 3G(2) has not been assessed and paid, and t he assessment has been made without taking into consideration the provisions con tained in Section 3G(7)(c)(d). Admittedly, the petitioner is yet to approach the competent authority of Central Government for making reference of the dispute a s required under sub-section (5) of Section 3G, which provides for determination of the dispute relating to the amount assessed by an arbitrator to be appointed by the Central Government. In view of above, this petition is disposed of giving liberty to the pet itioner to approach the competent authority of Central Government for reference of the dispute relating to the determination of the amount and in case such an a pproach is made the Central Government shall within one month thereafter refer t he dispute to the arbitrator for decision. In case the arbitrator has already be en appointed by the Central Government, necessary order shall be passed for dete rmination of the dispute as raised by the petitioner. The writ petition is accordingly disposed of. No costs.