Page No.# 1/3 GAHC010090112025 2025:GAU-AS:6384 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2511/2025 NASIMA AKTHAR CHOUDHURY W/O- FAIJUL HAQUE CHOUDHURY, R/O- VILLAGE- UTTAR KRISHNAPUR, DISTRICT- CACHAR, PIN-788006 ASSAM VERSUS THE UNION OF INDIA AND OTHRS REP. BY THE SECRETARY TO THE GOVT OF INDIA, THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVERNMENT OF INDIA, NEW DELHI-01, 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI - 781006 3:THE DEPUTY GENERAL MANAGER THE NATIONAL HIGHWAY INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED PMU PESKAR LANE SONAI ROAD SILCHAR PIN-788806 4:THE DISTRICT COMMISSIONER CACHAR SILCHAR ASSAM PIN-788001 Page No.# 2/3 5:THE COMPETENT AUTHORITY CUM ADDL. DISTRICT COMMISSIONER LAND ACQUISITION (REVENUE AND LAND SETTLEMENT BRANCH) CACHAR SILCHAR ASSAM PIN-788001 6:THE EXECUTIVE ENGINEER PWD BUILDING CACHAR SILCHAR ASSAM 7:THE CIRCLE OFFICER SILCHAR REVENUE CIRCLE DIST- CACHAR ASSA Advocate for the Petitioner : MR. A M S MAZUMDER, Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, PWD,SC, REVENUE AND DISASTER MANAGEMENT DEPT,SC, NHIDC BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 21.05.2025 1. Heard Mr. A. M. S. Mazumder, learned counsel for the petitioner. Also heard Mr. N. Goswami, learned State counsel and Mr. R. K. Talukdar, learned Standing Counsel for the NHIDCL. 2. It is the case of the petitioner that the land of the petitioner is a commercial land, however, compensation has been determined taking the same to be agricultural (Shailura) land. It was the further case of the petitioner that the land of the petitioner, though, is acquired, however, without depositing any amount Page No.# 3/3 before the competent authority (CALA) by the NHIDCL and the petitioner is sought to be evicted. 3. In view of the aforesaid, this Court sought for instruction. Mr. R. K. Talukdar, learned Standing Counsel for the NHIDCL who has produced an award under Section 3G of the National Highways Act, (excluding the assessment of structure) and the same goes to show that the compensation in total was determined and the share of the petitioner in terms of the award was determined to be Rs. 8,95,941.03/-. Such determination was made taking the nature of land to be agricultural (Shailura) land. 4. In view of the aforesaid, the petitioner shall be at liberty to approach the competent authority for redressal of his grievances including for enhancement of the compensation as it his claim that land is actually a commercial land. The petitioner shall also be at liberty to approach any other authorities permitted under law in this regard. It is needless to say that, the petitioner shall be at liberty to receive the awarded amount with objection/protest and without prejudice to his rights. 5. With the aforesaid, this writ petition stands disposed of. JUDGE Comparing Assistant