Page No.# 1/7 GAHC010275772024 2025:GAU-AS:11500 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6977/2024 SUBHADRA DOLEY PEGU @ INDIRA PEGU W/O- LATE UMARAM PEGU, R/O- VILLAGE NO-2, MIRI TAKO, P.O- LAIMEKURI, P.S- JONAI, DIST- DHEMAJI, ASSAM VERSUS THE NATIONAL HIGHWAY AUTHORITY OF INDIA AND 4 ORS. REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, GOVERNMENT OF INDIA, TRANSPORT BHAWAN, 1, PARLIAMENT STREET, NEW DELHI-110001. 2:THE NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION (NHIDCL) OPP. SBI ATM BYE LANE 5 DIBRUGARH RAILWAY STATION ROAD BANIPUR DIST-DIBRUGARH ASSAM 3:THE GENERAL MANAGER (P) PMU DIST-DIBRUGARH ASSAM 4:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM LAND Page No.# 2/7 REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI-06 DISTRICT- KAMRUP(M) ASSAM. 5:THE DEPUTY COMMISSIONER DHEMAJI ASSA Advocate for the Petitioner : MR. MUSTAFA HUSSAIN, MR H A AHMED,MR. R ALI Advocate for the Respondent : GA, ASSAM, SC, NHIDC,SC, REVENUE BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 27.08.2025 Heard Shri R. Ali, learned counsel for the petitioner. Also heard Shri SS Roy, learned State Counsel; Shri C. Boruah, learned Standing Counsel, NHIDCL and Ms. G. Hazarika, learned Standing Counsel, Revenue Department. 2. The instant writ petition has been filed with the following prayer: Under the above facts and circumstances, it is therefore, prayed that your Lordship would be pleased to admit this petition, call for the records and issue a Rule, calling upon the respondents to show cause as to why writ in the nature of Mandamus/Certiorari or any other appropriate writ, order or direction shall not be issued: I) directing the Respondents authorities to make the payment of adequate Compensation with interest against the land measuring 0.0115 Hector covered by Dag No. 123 K.P Patta No.52 situated at Page No.# 3/7 Vill. No.1 Miri Taku, in the District of Dhemaji, Assam, in terms of notification dated 08.08.2024; II) Directing the respondent to determine the compensation and value of building situated over the land measuring 1 katha 5 Lecha covered by Dag No.200 Patta No. 02 Vill.No.2 Miri Tako in the District of Dhemaji, Assam and make the Payment of compensation with interest against the acquired land and the value of the building acquired beyond the notification dated 08.08.2024; III) Directing the respondent authorities not to demolish the portion of the building without proper demarcation of the land and without due process of law provided under National Highways Act, 1956, IV) To make payment of compensation against the demolition of the construction of the petitioner without following Rules and and/or grant any other appropriate relief or reliefs that the Petitioner are entitled under the law of equity and on perusal of the records, causes being shown if any and upon hearing the parties be pleased to make the Rule absolute and or pass any other appropriate writ order or direction as your Lordships may deem fit and proper so as to grant adequate relief to the petitioner for the ends of justice. .AND. Further it is also prayed that pending disposal of the Writ petition, your Lordships may be pleased to pass an interim order, directing the Respondents authorities to make the payment of adequate Compensation with interest against the land measuring Page No.# 4/7 0.0115 Hector covered by Dag No. 123 K.P Patta No.52 situated at Vill. No.1 Miri Taku, in the District of Dhemaji, Assam, in terms of notification dated 08.08.2024 and to determine the compensation and value of building situated over the land measuring 1 katha 5 Lecha covered by Dag No.200 Patta No. 02 Vill.No.2 Miri Tako in the District of Dhemaji, Assam and make the Payment of compensation and not to demolish the portion of the building without proper demarcation of the land and without due process of law provided under National Highways Act, 1956, and/or pass any other appropriate interim order or direction as your Lordships may deem fit and proper for the ends of justice.” 3. As per facts projected, the land of the petitioner measuring 0.0115000 hector covered by Dag No.123, PP No. 22 has been acquired under Section 3D(1) of the National Highways Act, 1956 vide a notification dated 08.08.2023. Such acquisition has been done for widening / construction of a four-lane highway and ancillary purpose. It is the case of the petitioner that at the time of execution of the road, the RoW, (Right of Way) was changed whereby a portion of the land of the petitioner covered by Dag No. 200, PP No. 2 of village – 2 No Miri Tako has been taken to be on the way and accordingly, the structure standing over the said plot of land was sought to be removed. 4. The petitioner has also relied upon a report dated 28.05.2024 issued by the Circle Officer stating that the aforesaid the Right of Way has exceeded in some areas whereby the aforesaid land has been affected. 5. Shri Ali, learned counsel for the petitioner has submitted that the Right of Page No.# 5/7 Way cannot be changed in a whimsical manner whereby the petitioner would be adversely affected. He has also drawn the attention of this Court to a notification dated 24.08.2024 whereby the NHIDCL has stated that for the area in question, the concerned party would not be entitled to any compensation as it comes under unauthorized occupation / encroachment. He has clarified that though the description of the land has been written as Dag No. 20, there has been rectification in subsequent documents that the Dag No. is actually 200, which is the subject matter involved in this petition. 6. Shri Boruah, learned Standing Counsel, NHIDCL has however submitted that the RoW has not been exceeded and the construction has been done strictly in terms of the requirement and formalities. He has also submitted that the communication dated 24.08.2024 issued by the General Manager was done after proper verification and inspection and he clarifies that in the affidavit itself filed by the NHIDCL, it has been stated that the Dag number was wrongly written as 20, which should be 200. He further submits that the structure is upon an encroached part of a Government land over which the petitioner would not be entitled to any compensation. He has also submitted that the present writ petition involves questions of fact which are disputed and may not be gone into by this Court in exercise of powers under Article 226 of the Constitution of India. He has further submitted that under the National Highway Act of 1956, there are avenues and provisions for redressal of grievances this nature. 7. Shri Boruah, learned Standing Counsel have emphasized that the projected question is of utmost public importance and public interest would override the private interest, if any, of the petitioner. Page No.# 6/7 8. Shri Roy, the learned State Counsel has supported the views of Shri Boruah, learned Standing Counsel and has submitted that the affidavit-in- opposition has also been filed by the respondent no. 5 opposing the prayer of the petitioner. He has also drawn the attention of this Court to the joint verification done on 16.08.2024, which was in terms of an order of this Court and in the said verification, it was revealed that the part of the structure was on a Government land. 9. After hearing the rival contentions, this Court is of the opinion that the area in question covered by Dag No. 200 is the subject matter of dispute. While the petitioner has contended that the said area is exceeding the Right of Way, the respondents have ascertained that the area is within the Right of Way. The project in question is without any dispute, a project of grave public importance and it is a settled position of law that public interest would override private interest, if any. Even if the petitioner raises a dispute that the area in question is part of the Patta land, the petitioner would have to approach the appropriate forum for asserting and determination of such rights. The present lis having fallen within disputed questions of facts, this Court may not have the expertise to go into such adjudication process. This Court has also noticed that while entertaining this petition on 20.12.2024, an interim order was passed directing the respondents not to proceed to take over the land and remove or demolish any building or structure standing till the next date fixed and the said interim order was extended from time to time. Having noted that public interest would override private interest, this Court is of the opinion that continuation of the interim order would not be justified and accordingly the same is vacated. Page No.# 7/7 10. The writ petition accordingly stands dismissed. 11. At this stage, Shri Ali, learned counsel for the petitioner has again referred to the communication dated 24.08.2024 whereby the NHIDCL has come to a finding that part of the area in question is a Government land which has been encroached by the petitioner. The petitioner would be at liberty to challenge the aforesaid finding and based on such challenge, he would be entitled to raise a claim for compensation in accordance with law. JUDGE Comparing Assistant