Page No.# 1/6 GAHC010110902020 2025:GAU-AS:2725 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3295/2020 FAIJUL HUSSAIN AND 4 ORS. S/O LT. GULAM HUSSAIN, R/O VILL. BADULIPARA CHA BAGISA, P.O. BADULIPARA, PIN-785611, DIST. GOLAGHAT, ASSAM 2: ABDUL RAHMAN S/O LT. GULAM HUSSAIN R/O VILL. BADULIPARA CHA BAGISA P.O. BADULIPARA PIN-785611 DIST. GOLAGHAT ASSAM 3: SALEM HUSSAIN S/O LT. GULAM HUSSAIN R/O VILL. BADULIPARA CHA BAGISA P.O. BADULIPARA PIN-785611 DIST. GOLAGHAT ASSAM 4: SAHJAHAN HUSSAIN S/O LT. GULAM HUSSAIN R/O VILL. BADULIPARA CHA BAGISA P.O. BADULIPARA PIN-785611 DIST. GOLAGHAT ASSAM 5: JEHTUN NESSA W/O LT. GULAM HUSSAIN R/O VILL. BADULIPARA CHA BAGISA P.O. BADULIPARA PIN-785611 DIST. GOLAGHAT Page No.# 2/6 ASSA VERSUS THE STATE OF ASSAM AND 9 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT, DEPTT. DISPUR, GUWAHATI-6 2:THE DEPUTY COMMISSIONER DIST. GOLAGHAT ASSAM PIN-785621 3:THE CIRCLE OFFICER KHUMTAI REVENUE CIRCLE DIST. GOLAGHAT ASSAM PIN-785621 4:YUSUF ALI S/O LT. ISMAIL ALI R/O VILL. BADULIPARA CHA BAGISA P.O. BADULIPARA DIST. GOLAGHAT ASSAM 5:AMSAR ALI S/O LT. ISMAIL ALI R/O VILL. BADULIPARA CHA BAGISA P.O. BADULIPARA DIST. GOLAGHAT ASSAM 6:NAZIBUL ALI S/O LT. ISMAIL ALI R/O VILL. BADULIPARA CHA BAGISA P.O. BADULIPARA DIST. GOLAGHAT ASSAM 7:RAZINA BEGUM W/O LT. ASAF ALI R/O VILL. BADULIPARA CHA BAGISA P.O. BADULIPARA DIST. GOLAGHAT ASSAM 8:RAHIMA BEGUM Page No.# 3/6 D/O LT. ASAF ALI R/O VILL. BADULIPARA CHA BAGISA P.O. BADULIPARA DIST. GOLAGHAT ASSAM 9:NAZIMA BEGUM D/O LT. ASAF ALI R/O VILL. BADULIPARA CHA BAGISA P.O. BADULIPARA DIST. GOLAGHAT ASSAM 10:ALIZA BEGUM D/O LT. ASAF ALI R/O VILL. BADULIPARA CHA BAGISA P.O. BADULIPARA DIST. GOLAGHAT ASSA Advocate for the Petitioner : MR. U J SAIKIA, MR. R SAIKIA Advocate for the Respondent : GA, ASSAM, MS. P BORAH(R-4,5,6,7,8,9,10),MR. K GOGOI (R- 4,5,6,7,8,9,10),SC, REVENUE AND DISASTER MANAGEMENT DEPT BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 17.03.2025 1. Heard Mr. U.J. Saikia, learned counsel for the petitioners. Also heard Ms. G Hazarika, learned counsel for the respondent No.1, Ms. S Baruah, learned counsel for the respondent Nos.2 & 3 and Ms. P Borah, learned counsel for respondent Nos.4 to 10. 2. The case of the petitioners is that the land measuring 3 Bighas 13 lessas covered by Dag no.401, Patta No.12 of Leblebi Pathar village under Rangamati Mouza of Khumtai Revenue village, belongs to the Page No.# 4/6 petitioners and other family members i.e., private respondents was acquisitioned by the National Highways Authorities for construction of four Lane National Highway. 3. It is their grievance that 50% of the compensation amount has been released to the private respondent Nos.4 to 10, but the share of the petitioners i.e., 50% of the compensation has not yet been paid to them. 4. It is the case of the petitioners that in this regard, the petitioners preferred a representation before the CALA on 30.10.2019 (Annexure-5), by raising their grievances that they have not received their due compensation. 5. According to the petitioners, the matter was referred to the Circle Officer and the Circle Officer, Khumtai Revenue Circle, heard the matter on 13.11.2019. The procedure of hearing was also recorded by the Circle Officer. 6. Thereafter, the Circle Officer submitted a report before the CALA, by its communication dated 21.11.2019 (Annexure-11) which goes to show that the contesting parties wish that the compensation amount which is being held up for acquired land of Patta No.12 of Dag No.401 for four lane road should be equally distributed amongst the parties, except the payment already made. 7. There is no dispute that lands were acquired under the National Highways Act, 2002. In terms of section 3H(3) of the Act, 2002, the competent authority is empowered to determine the person(s) who, in its opinion are entitled to receive the amount payable where several persons claim to be interested in the amount deposited by the central government Page No.# 5/6 under section 3H(1). 8. In the case in hand, admittedly there is a dispute relatable to claim of several interested parties and accordingly a proceeding was initiated for determination. The Circle Officer submitted a report before the competent authority. The competent authority is required to take a decision in terms of section 3H(3). 9. It is submitted that no such order has been passed. The affidavit filed by CALA is also silent on this aspect, though they have taken certain stand on merit, in their affidavit. 10. It is also important to note that under section 3H(4), when dispute arises as regards apportionment of amount or any part thereof, or to any person to whom the same or any part thereof is payable, the competent authority i.e CALA shall refer the dispute to the decision of the Principle Court of original jurisdiction, within the limits of whose jurisdiction the land is situated. Therefore, in view of the dispute between the parties, in the considered opinion of this court, firstly this court should not exercise its power of judicial review to determine the claim made by the petitioners and the private respondents and the matter should be relegated to the competent authority with a direction to take a decision under section 3H(3) of the Act 2002, if it not already taken and in the event of any dispute, to exercise its power under section 3H(4) of the Act, 2002, if necessity arises. 11. Accordingly, it is directed that the competent authority shall take a decision under section 3H(3) of the Act, 2002, if not already taken and in the event of any dispute to exercise its power under section 3H(4) of the Act, 2002, if necessity arises. Such exercise be carried out within a period Page No.# 6/6 of one month from the date of receipt of a certified copy of this order to be furnished by the petitioner before the CALA. 12. This disposes the writ petition. JUDGE Comparing Assistant