Page No.# 1/4 GAHC010142022025 2025:GAU-AS:9338 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3838/2025 MUJAMMIL ALI SON OF LATE SAMAR ALI VILL- GRAM KALINAGAR PART-I, P.O. KALINAGAR, P.S. PANCHGRAM, DIST. HAILAKANDI, PIN-788801, CONTACT NO. 80995-68107 VERSUS THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF ROAD, TRANSPORT AND HIGHWAYS, TRANSPORT BHAWAN-1, PARLIAMENT STREET NEW DELHI-110001. 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE (SETTLEMENT) DEPARTMENT DISPUR GUWAHATI-6. 3:THE DEPUTY GENERAL MANAGER (P) PMU /SILCHAR NATIONAL HIGHWAYS NAD INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED PMU PESKAR LANE SONAI ROAD KANAKPUR PT.I SILCHAR-788006. 4:THE DISTRICT COMMISSIONER HAILAKANDI PIN-788151 5:THE LAND ACQUISITION OFFICER CUM ADDL. DISTRICT COMMISSIONER HAILAKANDI PIN-788151. 6:THE EXECUTIVE ENGINEER PWD BUILDING DIVISION CACHAR SILCHAR Advocate for the Petitioner : MR. A Y CHOUDHURY, I HASHMI,MR. T A CHOUDHURY Advocate for the Respondent : DY.S.G.I., SC, PWD,GA, ASSAM,SC, REVENUE,SC, NHAI Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 21.07.2025 Heard Mr. A. Y. Choudhury, learned counsel appearing on behalf of the petitioner. Also heard Mr. R. Bora, learned counsel, appearing on behalf of respondents No. 1 & 3; and Ms. P. R. Mahanta, learned standing counsel, Revenue & Disaster Management Department, appearing on behalf of respondents No. 3, 4 & 5. 2. Taking into account the dispute involved in the instant writ petition, this Court is of the considered opinion that the instant writ petition can be disposed of at the motion stage itself. 3. As projected in the writ petition, the petitioner, herein, is the owner of a plot of land measuring 11 kathas, covered by R.S. Patta No. 123, Dag No. 315, which was acquired by the National Highways and Infrastructure Development Corporation Ltd.(NHIDCL) authorities under the provisions of the National Highways Act, 1956. 4. It is also contended in the writ petition that the said plot of land is also projected to be situated in a commercial area. However, while computing the compensation, the competent authority had paid inadequate compensation without taking into consideration, the provisions of the National Highways Act, 1956, read with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 5. Mr. Choudhury, learned counsel for the petitioner, has submitted that the Page No.# 3/4 petitioner, herein, had already submitted a representation in the matter on 30.01.2024, before the District Commissioner, Hailakandi, for making proper assessment of the land compensation as well as zirat compensation. However, the same is yet to be taken-up for consideration. 6. It is, under these circumstances; the petitioner, herein, has, therefore, approached this Court by way of filing the instant writ petition. 7. This Court having taken note of the provisions of the National Highways Act, 1956, is of the considered opinion that if the petitioner, herein, is aggrieved with the inadequacy of the compensation, he has the option of approaching the competent authority seeking a reference to the Arbitrator in terms of the provisions of Section 3(G)(5) of the National Highways Act, 1956. Further to that, once the determination has already been done by the competent authority; the same can only be modified, and/or, interfered with except in terms of the provisions of Section 3 (G)(5) of the National Highways Act, 1956. 8. Under such circumstances, this Court disposes of the instant writ petition, granting liberty to the petitioner, herein, to submit a fresh application before the competent authority whereby he may seek a reference to the Arbitrator in terms of the provisions of Section 3(G)(5) of the National Highways Act, 1956. 9. Mr. Choudhury, learned counsel for the petitioner, has submitted that the petitioner, herein, shall carry-out the said exercise forthwith and submit a fresh application before the competent authority. 10. In view thereof, this Court directs the competent authority that, in the event, the petitioner, herein, submits the application, in question, in terms of the Page No.# 4/4 provisions of Section 3 (G)(5) of the National Highways Act, 1956; the same be referred to the Arbitrator who has been duly appointed by the Central Government forthwith but not later than 20 days from the date of submission of such application. 11. With the above directions and observations, this writ petition accordingly stands disposed of. JUDGE Comparing Assistant