Page No.# 1/3 GAHC010179682025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4633/2025 RAIHANA KHATUN W/O- INNUCH ALI, VILL.- NIZFULBARI PART-I, P.O. SIALTIC, DIST. CACHAR, ASSAM, PIN- 788802. VERSUS THE UNION OF INDIA AND 5 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 STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE (SETTLEMENT) DEPARTMENT DISPUR GUWAHATI-6. 3:THE DEPUTY GENERAL MANAGER (P) PMU/ SILCHAR NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED PMU PESKAR LANE SONAI ROAD KANANKPUR PT-I SILCHAR-788006. 4:THE DISTRICT COMMISSIONER HAILAKANDI PIN- 788151. 5:THE LAND ACQUISITION OFFICER CUM ADDL. DISTRICT COMMISSIONER HAILAKANDI PIN- 788151. Page No.# 2/3 6:THE EXECUTIVE ENGINEER PWD BUILDING DIVISION CACHAR SILCHAR Advocate for the Petitioner : MR. A Y CHOUDHURY, MR. T A CHOUDHURY Advocate for the Respondent : DY.S.G.I., SC, REVENUE AND DISASTER MANAGEMENT DEPT,SC, NHIDC,GA, ASSAM,SC, PWD BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 20-08-2025 Heard Shri A. Y. Choudhury, learned counsel for the petitioner. As per the facts projected, a plot of land measuring 9 katha belonging to the petitioner was acquired for the purpose of construction of the National Highway 37 under Bharat Mala Project in the district of Hailakandi. Though the compensation has been assessed and paid, the petitioner is aggrieved by the adequacy and sufficiency of the amount. It is submitted that the latest Revised Zonal Valuation of the acquired land has not been taken into consideration. Accordingly, this writ petition has been filed. When this matter was taken up on the last occasion i.e. on 18.08.2025, the matter was adjourned to enable the learned counsel for the respondents to obtain instructions. Shri C. Baruah, learned Standing Counsel, NHIDCL; Ms. N. Bordoloi, learned Standing Counsel, Revenue Department and Shri S. S. Roy, learned State Counsel are present. The learned counsel for the respondents have submitted that under Section 3G(5) of the National Highways Act, 1956 a provision has been given for Page No.# 3/3 approaching an Arbitrator to be appointed by the Central Government for grievance of the present nature. For ready reference, the aforesaid provision has been extracted herein below: “3G (5) If the amount determined by the competent authority under sub- section (1) or sub-section (2) is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government.” The learned counsel for the respondents have also informed this Court that the Central Government has already appointed an Arbitrator in this regard, who is the Special Secretary, Revenue Department, Govt. of Assam. In view of the aforesaid provision of law and the discussions, the present petition is closed by giving liberty to the petitioner to approach the Arbitrator in terms of the aforesaid provision of law. In the event such an approach is made, the learned Arbitrator shall consider and dispose of the application strictly in accordance with law. JUDGE Comparing Assistant