Page No.# 1/5 GAHC010280692025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/407/2025 MONOWARA BEGUM MAZUMDER DAUGHTER OF LATE FAYZUL HAQUE, RESIDENT OF VILLAGE- NAZATPUR, P.O.- LATIMARA, P.S. KATIGORAH, DISTRICT- CACHAR ASSAM. PIN-788805. VERSUS 1.THE UNION OF INDIA AND 12 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 PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI-6. 3:THE SECRETARY TO THE GOVT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT ARBITRATOR LAND ACQUISITION CASES ASSAM DISPUR GUWAHATI-6 4:THE DISTRICT COMMISSIONER LAND ACQUISITION BRANCH DISTRICT- CACHAR ASSAM PIN-788001 5:THE ADDITIONAL DISTRICT COMMISSIONER LAND ACQUISITION BRANCH DISTRICT- CACHAR ASSAM PIN-788001 6:THE ASSISTANT SETTLEMENT OFFICER KATIGORAH REVENUE CIRCLE Page No.# 2/5 DIST-CACHAR ASSAM PIN-788805. 7:NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED (NHIDCL) 7.REPRESENTED BY THE DEPUTY GENERAL MANAGER P PMU-SILCHAR PESKAR LANE SONAI ROAD KANAKPUR PART-I SILCHAR ASSAM-788006 8:BODOR UDDIN ALIAS BOTAI RESIDENT OF VILLAGE- NAZATPUR P.O.-LATIMARA P.S.-KATIGORAH DISTRICT-CACHAR ASSAM.PIN-788805 9:LUKMAN ALI SON OF LATE NAJIB ALI RESIDENT OF VILLAGE- NAZATPUR P.O.-LATIMARA P.S.-KATIGORAH DISTRICT- CACHAR ASSAM.PIN-788805 10:TAIYAB ALI MAZUMDER SON OF LATE MOMTAZ ALI MAZUMDER RESIDENT OF VILLAGE- KOROIKANDI PART-II P.O.-RAJATILLA P.S.-KATIGORAH DISTRICT-CACHAR ASSAM PIN-788805. 11:JUNAB ALI 11.SON OF LATE ATAUR RAHMAN RESIDENT OF VILLAGE- KOROIKANDI PART-II P.O.-RAJATILLA P.S.-KATIGORAH DISTRICT-CACHAR ASSAM.PIN-788805 12:MIRJAN ALI SON OF LATE ATAUR RAHMAN RESIDENT OF VILLAGE- KOROIKANDI PART-II P.O.-RAJATILLA P.S.-KATIGORAH DISTRICT-CACHAR ASSAM.PIN-788805. 13:AINUL HOQUE MAZUMDER SON OF LATE ABDUL HASIM MAZUMDER RESIDENT OF VILLAGE- KOROIKANDI PART-II P.O. RAJATILLA P.S.-KATIGORAH DISTRICT-CACHAR ASSAM.PIN-788805 For the Appellant(s) : Mr. B.U. Laskar, Advocate. For the Respondent(s) : Mr. R.K. Talukdar, Advocate for respondent Nos.1 & 7. Page No.# 3/5 : Ms. N. Bordoloi, Standing Counsel, Revenue Department for respondent Nos.2 & 3. : Ms. R.B. Bora, Government Advocate, Assam for respondent Nos.4, 5 & 6. – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY 18.12.2025 (Ashutosh Kumar, CJ) We have heard Mr. B.U. Laskar, learned Advocate for the appellant; Mr. R. Talukdar, learned Advocate for NHIDCL/respondent Nos.1 and 7; Ms. R.B. Bora, learned Government Advocate, Assam and Ms. N. Bordoloi, Standing Counsel, Revenue Department. This writ appeal is preferred by the appellant challenging the order dated 10.12.2025 passed in WP(C) No.6999/2025, whereby by a learned Single Judge of this Court has declined to pass any interim order in her favour. The appellant is a female landowner of Assam, who claims rightful ownership over a plot of land measuring 1(one) bigha in village Lathimara under Katigorah Revenue Circle in Cachar District. She has a mutation certificate in her favour. The afore-noted land was targeted for acquisition by the Ministry of Road Transport and Highways (MoRTH) to widen a four-lane stretch of National Highway No.37 (NH-37). Notifications under the National Highways Act, 1956 (in short, Page No.# 4/5 “Act of 1956”) were issued declaring the intent to acquire the land. However, despite the documented ownership and possession of the appellant, her name was conspicuously absent from the official list of landowners and interested persons, published under Section 3D of the Act of 1956. Instead, the names of the private respondents with no apparent clear title or possession have been listed against the patta at serial Nos.132 to 136 belonging to the appellant. This error persisted despite the appellant having shown the revenue records in her representations before the authorities including the National Highways and Infrastructure Development Corporation Limited (NHIDCL) and Revenue officials. The apprehension of the appellant is that if the compensation is wrongly disbursed to the private parties, it would make her claim moot; which would extinguish her rights causing irreparable losses to her. The writ petition preferred by the appellant is still pending. However, this appeal has been filed by the appellant aggrieved with the refusal of the learned Single Judge to pass any interim order. On perusal of the order impugned, we, but find that the learned Single Judge has made it clear that any payments, in the meanwhile, if made to the private respondents, that shall be subject to the outcome of the writ petition. We are of the considered view that this sufficiently protects the cause of the appellant. We, thus, do not wish to interfere any further in this matter. Page No.# 5/5 There is no merit in this appeal and the same is dismissed. JUDGE CHIEF JUSTICE Comparing Assistant