Page No.# 1/5 GAHC010132452025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3446/2025 RIJMA BEGUM LASKAR AND 4 ORS W/O- LATE AFTAB UDDIN LASKAR, R/O- VILL.- RONGPUR PART-I, P.O. NUTAN DAYAPUR, DIST. CACHAR, ASSAM, PIN- 788009. 2: SOYED AHMED LASKAR S/O- LATE AFTAB UDDIN LASKAR R/O- VILL.- RONGPUR PART-I P.O. NUTAN DAYAPUR DIST. CACHAR ASSAM PIN- 788009. 3: SARUK AHMED LASKAR S/O- LATE AFTAB UDDIN LASKAR R/O- VILL.- RONGPUR PART-I P.O. NUTAN DAYAPUR DIST. CACHAR ASSAM PIN- 788009. 4: RABUL HUSSAIN LASKAR (MINOR) S/O- LATE AFTAB UDDIN LASKAR R/O- VILL.- RONGPUR PART-I P.O. NUTAN DAYAPUR DIST. CACHAR ASSAM PIN- 788009. 5: JAKIR HUSSAIN LASKAR (MINOR) S/O- LATE AFTAB UDDIN LASKAR R/O- VILL.- RONGPUR PART-I P.O. NUTAN DAYAPUR DIST. CACHAR ASSAM Page No.# 2/5 PIN- 788009 VERSUS THE UNION OF INDIA AND 9 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF ROAD, TRANSPORT AND HIGHWAYS, TRANSPORT BHAWAN, 1, PARLIAMENT STREET, NEW DELHI-110001. 2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF REVENUE DISPUR GUWAHATI-6. 3:THE NATIONAL HIGHWAY AUTHORITY OF INDIA G-5 AND 6 SECTOR-10 DWARKA NEW DELHI-110075. 4:THE CHAIRMAN NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT LTD. (NHIDCL) 3RD FLOOR PTI BUILDING 4 PARLIAMENT STREET NEW DELHI-01. 5:THE GENERAL MANAGER (P) PMU/SILCHAR NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED (NHIDCL) PASKER LANE SONAI ROAD KANAKPUR PART-I SILCHAR-788006. 6:THE DISTRICT COMMISSIONER CACHAR SILCHAR PIN- 788001. 7:THE LAND ACQUISITION OFFICER CUM ADDL. DISTRICT COMMISSIONER CACHAR SILCHAR PIN- 788001. 8:THE EXECUTIVE ENGINEER PWD LAKHIPUR BORKHOLA AND KATIGORAH TERITORIAL BUILDING DIVISION SILCHAR CACHAR ASSAM Page No.# 3/5 9:SMTI JAHANARA BEGUM LASKAR W/O- LATE TAFAJUL ALI LASKAR R/O- VILL RONGPUR PT-I P.O. NATUN DAYAPUR DIST. CACHAR ASSAM PIN- 788009. 10:SAHAB UDDIN BARBHUIYA S/O- LATE BASIR UDDIN BARBHUIYA R/O- VILL RONGPUR PT-I P.O. NATUN DAYAPUR DIST. CACHAR ASSAM PIN- 788009 Advocate for the Petitioner : MR. N H BARBHUIYA, MS. S. DEY,MS. N.A. LASKAR,MR H AHMED Advocate for the Respondent : DY.S.G.I., SC, PWD,SC, NHIDC,SC, REVENUE,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 20.06.2025 Heard Shri NH Barbhuiya, learned counsel for the petitioners. Also heard Shri BJ Talukdar, learned Additional Senior Government Advocate as well as Ms. PR Mahanta, learned Standing Counsel, Revenue Department and Shri RK Talukdar, learned Standing Counsel, NHIDCL. 2. As per the facts projected, the petitioners are the legal heirs of one Aftab Uddin Laskar, who has been stated to be the owner and possessor of a plot of land covered by Dag No. 476, 2nd R.S. Patta No. 128 under Pargona-Barkpar, Mouza- Rongpur Pt.I. The names of the petitioners have been mutated on the strength of the right of inheritance. The Ministry of Transport and Highways, Page No.# 4/5 Government of India had issued a notification under Section 3A of the National Highway Act in January 2024 for acquisition of land which would cover the land in question. Though the petitioners have represented for release of land compensation, the same has not been released to them and it is the projection made that the compensation may be disbursed to some other persons in collusion with the officers. 3. Shri Talukdar, learned Standing Counsel, NHIDCL has however submitted that there is a statutory remedy provided under Section 3H of the National Highways Act, 1956. Specific reference has been made to Section 3H(3) and Section 3H(4). The learned counsel for the other respondents have also endorsed the aforesaid view and has submitted that the petitioners may approach the said forum. 4. At this stage, Shri Barbhuiya, learned counsel for the petitioners has submitted that representation to the District Commissioner, Cachar was already made on 03.03.2025. 5. Shri Talukdar, learned Standing Counsel, has however clarified that the appropriate authority is the CALA which is headed by Additional District Commissioner, Cachar, Silchar. 6. The dispute which has been raised would definitely involved factual determination, which this Court in exercise of powers under Article 226 of the Constitution of India may not be in a position to enter. Juxtaposed, the statutory provision referred above would be an efficacious remedy, which the petitioners can avail. 7. In view of the above, the writ petition is dismissed, however, with a liberty to the petitioners to approach the appropriate forum. Page No.# 5/5 8. Shri Barbhuiya, learned counsel for the petitioners, at this stage, has expressed an apprehension that the amount may be released in the meantime. 9. It is observed that along with the application that may be filed, the petitioners may also pray for an interim order. In such a case, such prayer may be considered in accordance with law. 10. The writ petition is disposed of. JUDGE Comparing Assistant