Page No.# 1/4 GAHC010177032025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4798/2025 BIPUL RABI DAS AND ORS S/O BHOLA RABI DAS VIL BANIAMARI PO SHAHEBGANJ PS GOLOKGANJ DIST DHUBRI ASSAM 2: ANOWAR HUSSAIN SHIKARI S/O LT MOKBOR HUSSIAN SHIKARI VIL BANIAMARI PO SHAHEBGANJ PS GOLOKGANJ DIST DHUBRI ASSAM 3: KHADIJA BIBI D/O LT KOBIR UDDIN MONDAL W/O ANOWAR HUSSAIN SHIKARI VIL BANIAMARI PO SHAHEBGANJ PS GOLOKGANJ DIST DHUBRI ASSAM 4: SAPIYAR RAHMAN S/O LT PAN MAMUD VILL BALAJAN PO BALAJAN PS GOURIPUR DIST DHUBRI ASSAM 5: AYNAL HOQUE S/O NASAR UDDIN SK VIL BANIAMARI PO SHAHEBGANJ PS GOLOKGANJ DIST DHUBRI ASSAM 6: WAZEDA ALI W/O LT MD OMAR ALI TALUKDAR VILL NEAR VIDEO HALL OPP DR CHOWDHURYS HOMIOPATHIC CLINIC JHAGRAPAR PART III PO JHAGRAPAR DIST DHUBRI ASSAM 7: HARENDRA NATH RAY S/O JOLODHAR RAY VILL BALAJAN PO BALAJAN PS GAURIPUR DIST DHUBRI ASSAM 8: MONSER ALI S/O NASAR UDDIN VIL BANIAMARI PO SHAHEBGANJ PS GOLOKGANJ DIST DHUBRI ASSAM 9: ANOWAR BIBI Page No.# 2/4 W/O MOYNAL SK VIL BANIAMARI PO SHAHEBGANJ PS GOLOKGANJ DIST DHUBRI ASSA VERSUS THE STATE OF ASSAM AND ORS REP BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPTT DISPUR GUWAHATI 6 2:THE DIRECTOR OF LAND RECORDS AND SURVEYS ASSAM RUPNAGAR GUWAHATI 3:THE DISTRICT COMMISSIONER DHUBRI ASSAM PIN 783301 4:THE COMPETENT AUTHORITY FOR LAND ACQUISITION (CALA) O/O THE DISTRICT COMMISSIONER DHUBRI DISTRICT ASSAM 5:THE NATIONAL HIGHWARY INFRASTRUCTURE DEVELOPMENT CORPORATION LTD REP BY ITS REGIONAL MANAGER 2ND FLOOR AGNISHANTI BUSINESS PARK GNB ROAD AMBARI GUWAHATI 781001 6:THE CIRCLE OFFICER GOLOKGANJ REVENUE CIRCLE ASSAM PIN 78333 Advocate for the Petitioner : MR. A M BARBHUIYA, MS S R MAZARBHUIYA,MS A BEGUM Advocate for the Respondent : SC. REVENUE, MR. C. BORUAH, SC, NHIDC,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 17.12.2025 Heard Shri AM Barbhuiya, learned counsel for the petitioners. Also heard Shri C. Boruah, learned Standing Counsel, NHIDCL, Ms. M. Barman, learned State Counsel and Ms. G. Hazarika, learned Standing Counsel, Revenue Department. Page No.# 3/4 2. Considering the subject matter involved and as agreed to by the learned counsel for the parties, the instant writ petition is taken up for disposal at the motion stage. 3. Bereft of details, the grievance of the petitioners is against an order dated 22.05.2025, passed by the Arbitrator-cum- Secretary, Revenue and Disaster Management Department in Arbitration Case No. 4/2025. The said claim was in connection with a land acquisition proceeding whereby the petitioners had certain grievances. 4. Shri Barbhuiya, learned counsel for the petitioners has submitted that the relevant factors were not taken into consideration by the learned Arbitrator and accordingly, the order is unsustainable in law. 5. Shri Boruah, learned Standing Counsel, NHIDCL has submitted that without even going into the merits of the challenge, there is a provision for challenging the Award in terms of the Arbitration and Conciliation Act, 1996. In this regard, he has drawn the attention of this Court to the provisions of Section 3G(6) of the National Highways Act, 1956. 6. The learned State Counsel and the learned Standing Counsel for the Revenue Department have endorsed and supported the views of Shri Boruah, learned Standing Counsel, NHIDCL. 7. After going through the facts and circumstances and the provisions of law, this Court is of the opinion that a remedy is provided in the Act itself for making such a challenge under the provisions of the Arbitration and Conciliation Act, 1996. For ready reference, the relevant provisions of the National Highways Act are extracted hereinbelow: “[3G. Determination of amount payable as compensation.— Page No.# 4/4 (6) Subject to the provisions of this Act, the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply to every arbitration under this Act.” 8. Under the Arbitration and Conciliation Act, 1996, Section 34 provides for challenging an award by the arbitrator. At this stage, this Court has also taken into consideration the aspect of limitation in filing such an application. This Court has noted that the present writ petition was filed on 06.08.2025 against the award dated 22.05.2025. Accordingly, it is provided that if the application under Section 34 of the Arbitration and Conciliation Act is filed within a further period of 15 days by the petitioners, the aspect of limitation may not be gone into by the learned Court and the application may be decided on its own merits. 9. The petitioners may submit a certified copy of this order along with the application under Section 34 of the Arbitration and Conciliation Act. 10. The writ petition accordingly stands disposed of. JUDGE Comparing Assistant