Page No.# 1/6 GAHC010182082025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4822/2025 JOYNAL HOQUE PRODHANI AND 13 ORS S/O- LATE MOHAMMAD ALI PRODHANI, VILL.- BANIAMARI, P.O. SHAHEBGANJ, P.S. GOLAKGANJ, DIST. DHUBRI, ASSAM 2: ASHRAFUL HOQUE S/O- FAYAZ ALI VILL.- BANIAMARI ANGASH P.O. SHAHEBGANJ P.S. GOLAKGANJ DIST. DHUBRI ASSAM 3: BADIYAL JAMAL S/O- JAYBAR ALI VILL.- BANIAMARI P.O. SHAHEBGANJ P.S. GOLAKGANJ DIST. DHUBRI ASSAM 4: MOINUL HOQUE PRODHANI @ MAINUL HOQUE PRODHANI S/O- LATE MOHAMMAD ALI PRODHANI VILL.- BANIAMARI P.O. SHAHEBGANJ P.S. GOLAKGANJ DIST. DHUBRI ASSAM 5: SAPIYAR RAHMAN S/O- AFSAM ALI VILL.- BANIAMARI P.O. SHAHEBGANJ P.S. GOLAKGANJ DIST. DHUBRI Page No.# 2/6 ASSAM 6: GOLJAN BIBI C/O- RAJAB ALI VILL.- BANIAMARI P.O. SHAHEBGANJ NAICHANKUTI P.S. GOLAKGANJ DIST. DHUBRI ASSAM 7: RAJAB ALI S/O- MAFIS UDDIN VILL.- BANIAMARI P.O. SHAHEBGANJ P.S. GOLAKGANJ DIST. DHUBRI ASSAM 8: ABU HUSSAIN S/O- SAFAR UDDIN VILL.- BANIAMARI P.O. SHAHEBGANJ P.S. GOLAKGANJ DIST. DHUBRI ASSAM 9: FAJILA BIBI C/O- KACHADDI SHEIKH VILL.- BANIAMARI P.O. SHAHEBGANJ P.S. GOLAKGANJ DIST. DHUBRI ASSAM 10: AYNAL HOQUE PRODHANI S/O- LATE AHAD ALI PRODHANI VILL.- BANIAMARI P.O. SHAHEBGANJ P.S. GOLAKGANJ DIST. DHUBRI ASSAM 11: MAHABUB ALI PRODHANI S/O- LATE AHAD ALI PRODHANI VILL.- BANIAMARI P.O. SHAHEBGANJ P.S. GOLAKGANJ Page No.# 3/6 DIST. DHUBRI ASSAM 12: JOYNAL ABEDIN S/O- LATE DILBAR ALI SK VILL.- BANIAMARI P.O. SHAHEBGANJ P.S. GOLAKGANJ DIST. DHUBRI ASSAM 13: HASNA BIBI C/O-AJIJUR KHAN VILL.- RARAIKUT PART-I PSATRASAL DIST. DHUBRI ASSAM 14: ABUL KADIR SHEIK S/O- BACHADDI SHEIK VILL.- BANIAMARI P.O. SHAHEBGANJ P.S. GOLAKGANJ DIST. DHUBRI ASSA VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-781006. 2:THE DIRECTOR OF LAND RECORDS AND SURVEY ASSAM RUPNAGAR GUWAHATI. 3:THE DISTRICT COMMISSIONER DHUBRI ASSAM PIN- 783301. 4:THE COMPETENT AUHTORITY FOR LAND ACQUISITION (CALA) OFFICE OF THE DEPUTY COMMISSIONER DHUBRI DISTRICT ASSAM Page No.# 4/6 5:THE NATIONAL HIGHWAY INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED REPRESENTED BY ITS REGIONAL MANAGER 2ND FLOOR AGNISHANTI BUSINESS PARK G.N.B. ROAD AMBARI GUWAHATI-781001. 6:THE CIRCLE OFFICER GOLAKGANJ REVENUE CIRCLE ASSAM PIN- 783334 Advocate for the Petitioner : MR. A M BARBHUIYA, MS S R MAZARBHUIYA,MS A BEGUM Advocate for the Respondent : GA, ASSAM, MR. C. BORUAH, SC, NHIDC,SC, REVENUE BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 02.02.2026 Heard Mr. A.M. Barbhuiya, learned counsel for the petitioners. Also heard Mr. A. Bhattacharjee, learned standing counsel for the respondent Nos. 1 and 2; Mr. N. Goswami, learned Government Advocate for the respondent Nos. 3, 4 and 6; and Mr. C. Boruah, learned standing counsel for the respondent No. 5, NHIDCL. 2. Mr. Boruah, learned counsel standing counsel for the respondent No. 5, NHIDCL, by referring to sub-section (5) to Section 3G of the National Highways Act, 1956, submits that 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. Mr. Boruah also submits that in the instant case, the land of the petitioners was Page No.# 5/6 acquired in the year 2016, and that the Competent Authority for Land Acquisition (CALA), Office of the Deputy Commissioner, Dhubri, in the year 2023, had issued different notices to the petitioners about acquisition of their land and asked them to collect their compensation, which was calculated in the year 2016, and that the petitioners have already received the said compensation and if they are aggrieved regarding the quantum of compensation, as per sub- section (5) to Section 3G of the National Highways Act, 1956, they may file an application to the arbitrator to be appointed by the Central Government, and in view of the availability of alternative remedy, under sub-section (5) to Section 3G, this writ petition is not maintainable. Mr. Boruah further submits that though notice was issued, vide order dated 19.12.2025, by this Court, the issue of maintainability of the writ petition was kept open, and as such, the writ petition is not maintainable, and therefore, Mr. Baruah has contended to close this petition granting liberty to the petitioners to avail alternative remedy. 3. At this stage, Mr. Barbhuiya, learned counsel for the petitioners submits that the petitioners have already filed one application to the Competent Authority for Land Acquisition (CALA), Office of the Deputy Commissioner, Dhubri and also to the Arbitrator-cum-Secretary to the Government of Assam, Revenue and Disaster Management Department on 11.06.2025, and the said representation is yet to be disposed of, and as such, this writ petition may be closed by forwarding the aforesaid representation to the Competent Authority for Land Acquisition (CALA), Office of the Deputy Commissioner, Dhubri or to the Arbitrator-cum-Secretary to the Government of Assam, Revenue and Disaster Management Department, or the petitioners may also be permitted to file a fresh application before the Competent Authority for Land Acquisition. 4. Accordingly, taking note of the submissions of learned counsel for both the Page No.# 6/6 parties and in view of the availability of alternative remedy, this writ petition stands closed, by granting liberty to the petitioners to file an application under sub-section (5) to Section 3G of the National Highways Act, 1956, before the competent authority, which shall be determined by the Arbitrator to be appointed by the Central Government under the said sub-section, within a period of two months from today. 5. The petitioners shall obtain a certified copy of this order and tag the same with the application to be filed under sub-section (5) to Section 3G of the National Highways Act, 1956. JUDGE Comparing Assistant