Page No.# 1/3 GAHC010165892025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4385/2025 RAFIQUE UDDIN MAZUMDER S/O LATE AZIZUR RAHMAN MAZUMDER, VILL- KASHIPUR PART-II, P.O.- KASHIPUR, P.S.- SILCHAR, DIST- CACHAR, ASSAM 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 AND DISASTER MANAGEMENT DEPARTMENT DISPUR GHY-6 3:THE DISTRICT COMMISSIONER AND COMPETENT AUTHORITY OF LAND ACQUISITION CACHAR SILCHAR 4:THE CO-DISTRICT COMMISSIONER AND COMPETENT AUTHORITY OF LAND ACQUISITION CACHAR SILCHAR 5:THE NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. (NHIDCL) REPRESENTED BY THE DEPUTY GENERAL MANAGER NHIDCL Page No.# 2/3 CACHAR SILCHAR 6:THE ASSISTANT SETTLEMENT OFFICER SILCHAR SADAR CIRCLE SILCHAR DIST- CACHAR ASSA Advocate for the Petitioner : MR F U BARBHUIYA, MS S DAS Advocate for the Respondent : DY.S.G.I., SC, NHIDC,SC, REVENUE,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 13.08.2025 Heard Shri FU Barbhuiya, learned counsel for the petitioner. Also heard Shri H. Sarma, learned Additional Senior Government Advocate, Assam and Shri RK Talukdar, learned Standing Counsel, NHIDCL. 2. When this matter had come up for consideration on 06.08.2025, the learned counsel for the respondents were directed to obtain instructions on the submissions advanced that the matter can be decided by the Arbitrator. 3. Shri Sarma, learned State Counsel has submitted that since the claim is towards enhancement of the compensation, the same would be covered by Section 3G(5) of the National Highways Act, 1956. As certain reservations have been expressed by Shri Barbhuiya, learned counsel for the petitioner as regards to who would be the Arbitrator, Shri Talukdar, learned Standing Counsel has submitted that as per the aforesaid provision of law, the Central Government has appointed Special Secretary to the Government of Assam, Revenue and Disaster Management Department as the Arbitrator. Page No.# 3/3 4. In view of the aforesaid facts and circumstances, this writ petition is disposed of by giving liberty to the petitioner to approach the aforesaid Arbitrator by filing appropriate application in the prescribed formant. 5. It is needless to state that if such an application is submitted, the same is required to be considered in accordance with law and by giving the stake holders an opportunity of hearing. The application, if so filed, is to be disposed of expeditiously. 6. The writ petition stands disposed of. JUDGE Comparing Assistant