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Judgment
Heard Mr. C.Z. Yantham, learned counsel for the petitioner; Ms. N. Bordoloi, learned Standing Counsel, Revenue and Disaster Management Department, Government of Assam for the respondent no. 1; and Mr. J. Handique, learned Junior Government Advocate, Assam for the respondent nos. 2, 3 & 4.
It is the case of the petitioner that he is the exclusive owner of a plot of land measuring 2 Bighas, covered Dag no. 243 / 315 [old] / 340 [new] under Patta no. 4, situate at Village – Sulatani, Katlichera Revenue Circle, District - Hailakandi [‘the subject-plot’, for short]. The subject-plot was purchased by him by way of a registered Sale Deed no. 31/1997 from its erstwhile owner and since the date of purchase, he is in continuous possession of the subject-plot by paying land revenue after mutation of his name against the subject-plot.
The petitioner has submitted that in a land acquisition process initiated by the Ministry of Road Transport and Highways, Government of India, for a project, ‘Construction of ROB etc. in replacement of existing LC No. KB-28” of NH06 on the stretch of land from Km 62.8 Km 63.8 [Manipur Bagan to Jamira Section] in the district of Hailakandi in the State of Assam’ [‘the Project’, for short], the subject-plot has been acquired and after a Notification dated 08.04.2025 published under Section 3D[2] of the National Highways Act, 1956 in the Official Gazette, the subject-plot vested absolutely in the Central Government, free from all encumbrances. Subsequent to the Notification dated 08.04.2025, the petitioner came to learn that the proforma respondent nos. 5 & 6 have also staked their claims in respect of the subject-plot and have made attempts to withdraw the compensation amount assessed for the subject-plot. On being alarmed, the petitioner submitted an application before the respondent no. 3, the Competent Authority for Land Acquisition [CALA] appointed under Section 3[a] of the National Highways Act, 1956 for the Project, for referring the dispute to the Principal Civil Judge of Original Jurisdiction.
The petitioner has approached this Court by the instant writ petition contending that after the application submitted by the petitioner before the respondent no. 3 on 25.06.2026, it was incumbent upon the respondent no. 3 to refer the dispute to the decision of the Principal Civil Court of Original Jurisdiction, as per the provisions of Section 3H[4] of the National Highways Act, as the dispute is with regard to apportionment of the amount between the petitioner and the proforma respondent nos. 5 & 6. According to the petitioner, the respondent no. 3 is still sitting over the matter without referring the matter to the Principal Civil Court of Original Jurisdiction.
Issue notice, returnable on 23.09.2026.
As Ms. Bordoloi, learned Standing Counsel, Revenue and Disaster Management Department has appeared and accepted notices on behalf of the respondent no. 1; and Mr. Handique, learned Junior Government Advocate, Assam has appeared and accepted notices on behalf of the respondent nos. 2, 3 & 4, issuance of formal notice to the said respondents is dispensed with. Mr. Yantham, learned counsel for the petitioner shall furnish requisite nos. of extra copies of the writ petition along with the annexures to Ms. Bordoloi and Mr. Handique within 2 [two] working days from today.
The petitioner shall take steps for service of notice upon the proforma respondent nos. 5 & 6 by speed post within 2 [two] working days from today.
Having regard to the projections made on behalf of the petitioner in the afore-stated manner, the respondent authorities, more particularly, the respondent no. 3 shall not release the compensation amount, if any, determined under Section 3G[1] of the National Highways Act to any person, till the returnable date.
List the case on 23.09.2026.