Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010068282025
2025:GAU-AS:4314
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1959/2025 SAMIRAN HAZARIKA S/O SRI HOREN HAZARIKA, VILL- BHATIAPARA, METEKA BONGAON, P.O.
AND P.S.- SIVASAGAR, DIST- SIVASAGAR, ASSAM, PIN-785667 VERSUS THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT, DISPUR, GUWAHATI-6 2:THE DISTRICT COMMISSIONER SIVASGAR ASSAM-786001 3:THE ADDITIONAL DISTRICT COMMISSIONER (LA) SIVASAGAR -CUM- COMPETENT AUTHORITY UNDER THE NATIONAL HIGHWAY ACT 1956 DIST- SIVASAGAR ASSAM PIN-785640 4:NATIONAL HIGHWAYS AND INFRASTRUCTRE DEVELOPMENT CORPORATON LIMITED (NHIDCL) REPRESENTED BY ITS GENERAL MANAGER (PROJECT) HAVING ITS BRANCH OFFICE AT HOUSE NO. 78 JAWAHAR NAGAR ROAD KHANAPARA GUWAHATI-781024
Page No.# 2/3 5:EXECUTIVE ENGINEER PWD SIVASAGAR BUILDING DIVISION SIVASAGAR P.O.- SIVASAGAR DIST- SIVASAGAR ASSAM PIN-785640 6:ASSISTANT EXECUTIVE ENGINEER PWD SIVASAGAR BUILDING SUB DIVISION SIVASAGAR P.O.- SIVASAGAR DIST- SIVASAGAR ASSAM PIN-78564 Advocate for the Petitioner : MR. T DAS, MR. H ALI,MS A BARUAH Advocate for the Respondent : GA, ASSAM, SC, NHAI,SC, PWD
BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
08-04-2025
1. Heard Mr. T. Das, learned counsel for the petitioner and Mr. R. K. Talukdar, learned Standing counsel, National Highways and Infrastructure Development Limited (NHIDCL) for the respondent No. 4. 2. The grievance of the petitioner is that the compensation amount/award made in connection with the land acquired under Dag No. 336 and demolition of his commercial houses/buildings covered under Dag No. 340, Patta No. 217, situated at Bhotiapar/Rupahibill, Mouza-Meteka Bongaon, District-Sivasagar, is not adequate. Page No.# 3/3
3. It is the contention of the petitioner that though he has submitted a representation before the CALA on 30.11.2024, nothing has been done till date. 4. Mr. Talukdar, learned Standing counsel, NHIDCL referring to Sub-Section 5 of Section 3 (G) contends that if the petitioner is not satisfied with the amount determined by the Competent Authority, he may file an application before the Arbitrator for redressal of his grievance and for enhancement of the compensation. 5. Mr. Talukdar, learned Standing counsel, NHIDCL further contends that by issuing a notification, the Central Government has already appointed the Secretary to the Government of Assam, Revenue and Disaster Management Department as the Arbitrator in this regard. 6.
In view of the aforesaid submissions, learned counsel for the petitioner submits that he may be permitted to withdraw the present writ petition and to approach the Arbitrator as per the provisions of the National Highways Act, 1956. 7. Prayer stands allowed. 8. Accordingly, the present writ petition stands closed on withdrawal with a liberty as prayed for. JUDGE Comparing Assistant