Page No.# 1/15 GAHC010188092021 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6231/2021 BALISON RONGPI (LEGAL HEIR) AND 41 ORS. S/O LATE PARI RONGPI, R/O VILL. TARABASA LOKBOK RONGPI ARONG, P.O. PHULONI AND P.S. HAWRAGHAT, DIST. KARBI ANGLONG, ASSAM, PIN 782482 2: SRI MEGHNATH SARMA S/O LATE KHEMANANDA SHARMA R/O VILL. CHELABAR TERON GAON P.O. PHULONI AND P.S. HAWRAGHAT DIST. KARBI ANGLONG ASSAM PIN 782481 3: SRITEZ PRASAD SARMA S/O LATEKHEMANANDA SHARMA R/O VILL. CHELABAR TERON GAON P.O. PHULONI AND P.S. HAWRAGHAT DIST. KARBI ANGLONG ASSAM PIN 782481 4: SRI DHAROM TERANG S/O LATE KANGBURA TERANG R/O VILL. KAMAR TISSO GAON P.O. PHULONI AND P.S. HAWRAGHAT Page No.# 2/15 DIST. KARBI ANGLONG ASSAM PIN 782481 5: SMTI NIKHARI DAIMARY D/O TARUN DAIMARY R/O VILL. SHIMALATI P.O. PHULONI AND P.S. HAWRAGHAT DIST. KARBI ANGLONG ASSAM PIN 782481 6: SRI BILOM RONGPI S/O BARNABAS RONGPI R/O VILL. RONGTHEANG GAON P.O. DIPHU AND P.S. DIPHU DIST. KARBI ANGLONG ASSAM PIN 782460 7: SRI DEURI RONGPI S/O BANGTHE RONGPI R/O VILL. TARABASA LOKBOK RONGPI P.O. PHULONI AND P.S. HAWRAGHAT DIST. KARBI ANGLONG ASSAM PIN 782482 8: SRI DEEPJYOTI BEY S/O LATE LONGSING BEY R/O VILL. PHULONI BAZAR GAON P.O. PHULONI AND P.S. HAWRAGHAT DIST. KARBI ANGLONG ASSAM PIN 782441 Page No.# 3/15 9: SMT BHANU BASUMATARY D/O PODURAM BASUMATARY R/O VILL. PHULONI BAZAR GAON P.O. PHULONI AND P.S. HAWRAGHAT DIST. KARBI ANGLONG ASSAM PIN 782481 10: SRI BIDYA SING BEY S/O LATE SARTHE BEY R/O VILL. KARUNA BEY GAON P.O. DOKMOKA AND P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN 782441 11: SRI DHONESWER TERON S/O LONGHAP CHANDRA TERON R/O VILL. TARABASA P.O. PHULONI AND P.S. HAWRAGHAT DIST. KARBI ANGLONG ASSAM PIN 782481 12: SRI KRISHNA BASUMATARY (POWER OF ATTORNEY) S/O AKHESWAR BASUMATARY R/O LANGHIN TOWN 1 P.O. LANGHIN TINIALI AND P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN 782441 13: SRI SHIVA PRASAD KHAKLARI S/O LATE JOHN KHAKLARY Page No.# 4/15 R/O LANGHIN TOWN 1 P.O. LANGHIN TINIALI AND P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN 782441 14: SRI MAHANTA NARZARY S/O LATE AMBARU NARZARY LANGHIN TOWN 1 P.O. LANGHIN TINIALI AND P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN 782441 15: SMT LILAMAI KHAKLARY W/O SHIVA PRASAD KHAKLARY R/O LANGHIN TOWN 1 P.O. LANGHIN TINIALI AND P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN 782441 16: SMT RASHMI SWARGIARY D/O SURAJ KUMAR SWARGIARY R/O LANGHIN TOWN 1 P.O. LANGHIN TINIALI AND P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN 782441 17: SRI DINARAM BASUMATARY S/O LATE MALOTI BASUMATARY R/O LANGHIN TOWN 1 P.O. LANGHIN TINIALI AND P.S. DOKMOKA Page No.# 5/15 DIST. KARBI ANGLONG ASSAM PIN 782441 18: SRI MOHIT CHANDRA PHANGCHO DEKARAJA S/O LAHIRAM R/O LANGHIN TOWN 2 P.O. LANGHIN TINIALI AND P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN 782441 19: SRI SUBHAIGO DAIMARY S/O PHULENDRA DAIMARY R/O LANGHIN TOWN 1 P.O. LANGHIN TINIALI AND P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN 782441 20: SRI SUHOJA NANDA DEKA S/O LATE LOKEN DEKA R/O LANGHIN TOWN 2 P.O. LANGHIN TINIALI AND P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN 782441 21: SMT RIMOLA BASUMATARY W/O SUBHAIGO DAIMARY R/O LANGHIN TOWN 1 P.O. LANGHIN TINIALI AND P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN 782441 Page No.# 6/15 22: SMT ARATI MEDHI (LEGAL HEIR) D/O LATE DAKHIRAM MEDHI R/O PANDU SELAWAR P.O. LANGHIN TINIALI AND P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN 782441 23: SRI SADANANDA LASKAR (LEGAL HEIR) S/O LATE DUMBEDAR LASKAR R/O LANGHIN TOWN 2 P.O. LANGHIN TINIALI AND P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN 782441 24: SRI TAPAN CHANDRA BASUMATARY S/O KAMALA KANTA BASUMATARY R/O LANGHIN TOWN 1 P.O. LANGHIN TINIALI AND P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN 782441 25: SRI LALMONI BASUMATARY S/O LATE BHABEN BASUMATARY R/O LANGHIN TOWN 2 P.O. LANGHIN TINIALI AND P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN 782441 26: SRI JUGEN BAGLARY S/O SWARGA BAGLARY R/O LANGHIN TOWN 1 Page No.# 7/15 P.O. LANGHIN TINIALI AND P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN 782441 27: SRI JANAKLAL BASUMATARY S/O RAJEN BASUMATARY R/O PANDU SELAWAR P.O. LANGHIN TINIALI AND P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN 782441 28: SMT SABITA DAS BAGLARY W/O PATUL BAGLARY R/O LANGHIN TOWN 1 P.O. LANGHIN TINIALI AND P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN 782441 29: SRI PRATUL BORO S/O SUNTORAM BORO R/O LANGHIN TOWN 1 P.O. LANGHIN TINIALI AND P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN 782441 30: SRI PRATUL BAGLARY S/O LATE NALINI KR. BASUMATARY R/O PANDU SELAWAR P.O. LANGHIN TINIALI AND P.S. DOKMOKA DIST. KARBI ANGLONG Page No.# 8/15 ASSAM PIN 782441 31: SRI PUNA TIMUNG S/O DINESH TIMUNG R/O LANGHIN TOWN 2 P.O. LANGHIN TINIALI AND P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN 782441 32: SRI UTTAM BASUMATARY S/O LATE MALOTI BASUMATARY R/O LANGHIN TOWN 1 P.O. LANGHIN TINIALI AND P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN 782441 33: SRI POLASH RABHA S/O LATE HORESH R/O LANGHIN TOWN 2 P.O. LANGHIN TINIALI AND P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN 782441 34: SMT RUNU BASUMATARY W/O RAJU BASUMATARY R/O LANGHIN TOWN 2 P.O. LANGHIN TINIALI AND P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN 782441 35: SRI PUNIRAM BAGLARY Page No.# 9/15 S/O LATE JATIRAM BAGLARY R/O PANDU SELAWAR P.O. LANGHIN TINIALI AND P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN 782441 36: SRI KRISHNA RAM MEDHI S/O LATE BHUBAK MEDHI R/O LANGHIN TOWN 3 P.O. LANGHIN TINIALI AND P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN 782441 37: SRI RAJANI KANTA BORO S/O LATE MONIRAM BORO R/O LANGHIN TOWN 2 P.O. LANGHIN TINIALI AND P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN 782441 38: SMT JUGESWARI SENAPATI W/O LATE BHIM SENAPATI R/O LANGHIN TOWN 2 P.O. LANGHIN TINIALI AND P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN 782441 39: SRI PUTULI LASKAR (LEGAL HEIR) D/O KATIRAM LASKAR R/O LANGHIN TOWN 2 Page No.# 10/15 P.O. LANGHIN TINIALI AND P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN 782441 40: SRI DEBA KANTA LASKAR S/O LATE SUMESWAR LASKAR R/O LANGHIN TOWN 2 P.O. LANGHIN TINIALI AND P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN 782441 41: SRI RAMESWAR LASKAR S/O LATE DHANARAM R/O LANGHIN TOWN 2 P.O. LANGHIN TINIALI AND P.S. DOKMOKA DIST. KARBI ANGLONG ASSAM PIN 782441 42: SRI MUKTI NATH SHARMA S/O LATE KHEMANANDA SHARMA R/O VILL. CHELABAR TERON GAON P.O. PHULONI AND P.S. HAWRAGHAT DIST. KARBI ANGLONG ASSAM PIN 78248 VERSUS THE UNION OF INDIA AND 11 ORS. REPRESENTED BY THE SECRETARY TO THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, GOVERNMENT OF INDIA, NEW DELHI 110001 2:THE STATE OF ASSAM REPRESENT BY ITS SECRETARY TO THE DEPARTMENT OF HILL AREAS Page No.# 11/15 GOVERMENT OF ASSAM DISPUR KAMRUP (M) ASSAM PIN 781006 3:THE CHIEF EXECUTIVE MEMBER KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU KARBI ANGLONG PIN 782460 4:THE EXECUTIVE MEMBER DEPARTMENT OF REVENUE KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU KARBI ANGLONG PIN 782460 5:THE PRINCIPAL SECRETARY KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU KARBI ANGLONG PIN 782460 6:THE COMPETENT AUTHORITY FOR LAND ACQUISITION JOINT SECRETARY (REVENUE) KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU KARBI ANGLONG PIN 782460 7:THE PROJECT MANAGER PROJECT MONITORING UNIT DIPHU NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT PWD (IB) PWD COLONY LUMDING ROAD DIPHU KARBI ANGLONG PIN 782460 8:THE ASSTT. SETTLEMENT OFFICER PHULONI CIRCLE KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU KARBI ANGLONG PIN 782481 9:THE ASSISTANT REVENUE OFFICER KARBI ANGLONG AUTONOMOUS COUNCIL PHULONI CIRCLE DIPHU KARBI ANGLONG PIN 782481 Page No.# 12/15 10:SMTI MALAYA BRAHMA W/O KISHORE DAIMARY RESIDENT OF LANGHIN TOWN 2 PO LANGHIN TINIALI AND PS DOKMOKA KARBI ANGLONG ASSAM 782441 11:SMTI KAJOK RONGPIPI W/O DILIP TOKBI RESIDENT OF VILLAGE B RONGCHEHON PO CENTER AND PS HAWRAGHAT DIST KARBI ANGLONG ASSAM 782482 12:SMTI KARON TIMUNGPI W/O BIRSING HANSE RESIDENT OF VILLAGE KHUNG ARONG PO CENTER PS HAWRAGHAT DIST KARBI ANGLONG ASSAM 78248 Advocate for the Petitioner : MR. M SARANIA, MS N RAI,MR. A I KATHAR,MD. S U AHMED Advocate for the Respondent : ASSTT.S.G.I., SC, NHIDC,SC, K A A C,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 27.08.2025 Heard Shri M. Sarania, learned counsel for the petitioners. Also heard Shri SS Roy, learned State Counsel as well as Shri J. Chutia, learned Standing Counsel, KAAC and Ms. R. Bora, learned Standing Counsel, NHIDCL. 2. Considering the subject matter involved and as agreed upon by the learned counsel for the parties, the instant writ petition is taken up for disposal Page No.# 13/15 at the admission stage. 3. As per the projection made in the writ petition, the petitioners are residents of Phuloni Revenue Circle in the district of Karbi Anglong and their Myadi Patta land has been affected by the construction / widening of the Highway 29, which was earlier NH 36. Though certain compensation were paid, the same was inadequate. The petitioners have also raised the aspect of the clearance from the road to their sites. 4. When this matter was taken up on the last occasion, learned Standing Counsel, KAAC had submitted that the demands of the petitioners were not factually correct as the solatium aspect was also taken care of and paid to each of the petitioners. In this regard, he has drawn the attention of this Court to the affidavit-in-opposition filed on 09.11.2023 and more particularly the averments made in paragraph 13, which reads as follows: “13. That the deponent has individually determined the compensation amount for acquiring the land of the petitioners in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The compensation amount for acquiring the lands mentioned in notification published under Section 3D of NH Act, 1956 has already been deposited by the NHIDCL before the CALA and the compensation amount has already been paid in respect of the land mentioned by the petitioner nos. 2 to 42. The compensation for zirat has not yet accepted by the petitioner nos. 8 and 10. The compensation amount in respect of the petitioner no. 1 could not be disbursed due to the complaint lodged by his uncle Sri Deuri Rongpi. The individual determination of compensation amount Page No.# 14/15 in respect of the petitioners are enclosed in herewith.” 5. Shri Chutia, learned Standing Counsel has submitted that under the National Highway Act, 1956, there are adequate provisions to raise the dispute of present nature if any grievance still exists. He has also submitted that the notification dated 23.03.2020 which was a subject matter of challenge, has been withdrawn and in today's hearing he has placed before this Court the same notification of withdrawal dated 12.10.2023. 6. Ms. Bora, learned Standing Counsel, NHIDCL and Shri Roy, learned State Counsel have supported the stand taken by the learned Standing Counsel, KAAC. 7. Under Section 3G(5) of the National Highway Act 1956, a provision is there for approaching the Arbitrator in case of any grievance with regard to the amount of compensation. For ready reference, the aforesaid provision of law is extracted hereinbelow: “3G. Determination of amount payable as compensation. (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.” 8. Ms. G. Hazarika, learned Standing Counsel, Revenue Department, who is present, has informed this Court that the Secretary to the Revenue Department, Government of Assam has been appointed as the Arbitrator. This Court has also been apprised that under Section 43 of the Arbitration and Conciliation Act, 1996, the Limitation Act, 1963 has been made applicable and therefore, it Page No.# 15/15 transpires that the petitioners will still have sufficient time to approach the Arbitrator in case of any existing grievance with regard to the solatium. 9. In view of the aforesaid discussion and facts and circumstances noted above, the instant writ petition is closed with liberty to the petitioners to approach the Arbitrator under the aforesaid provision of law and if such approach is made, the same be considered by the learned Arbitrator strictly in accordance with law. 10. At this stage, Shri Sarania, learned counsel for the petitioners has raised the issue that the copy of the award has not been afforded to the petitioners individually. 11. Shri Chutia, learned Standing Counsel, KAAC has however submitted that in the affidavit-in-opposition itself the copy of the individual award has been annexed. 12. In view of the above, copies of the award which have been annexed to the affidavit-in-opposition may be utilized by the petitioners while approaching the Arbitrator as indicated above. 13. The writ petition accordingly stands disposed of. JUDGE Comparing Assistant