Page No.# 1/5 GAHC010026162018 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/875/2018 RANJIT DAS AND 9 ORS. S/O- LATE JOGEN DAS, VILL- KISMT DWARIKA, P.O- BHULUKADOBA (VIA SORBHOG), P.S- SORBHOG, DIST- BARPETA, ASSAM, PIN- 781317 2: RAMEN BARMAN S/O- LATE HUKUM CHAN BARMAN VILL- KISMT DWARIKA P.O- BHULUKADOBA (VIA SORBHOG) P.S- SORBHOG DIST- BARPETA ASSAM PIN- 781317 3: ASO BALA NATH D/O- LATE RATNESWAR NATH VILL- KISMT DWARIKA P.O- BHULUKADOBA (VIA SORBHOG) P.S- SORBHOG DIST- BARPETA ASSAM PIN- 781317 4: RAM PRASAD BARMAN S/O- LATE SUDHIR BARMAN VILL- KISMT DWARIKA P.O- BHULUKADOBA (VIA SORBHOG) P.S- SORBHOG DIST- BARPETA ASSAM PIN- 781317 5: MANI KANTA NATH S/O- LATE BHUPEN BATH VILL- KISMT DWARIKA Page No.# 2/5 P.O- BHULUKADOBA (VIA SORBHOG) P.S- SORBHOG DIST- BARPETA ASSAM PIN- 781317 6: HAR GOBINDA NATH S/O- LATE BHUPEN BATH VILL- KISMT DWARIKA P.O- BHULUKADOBA (VIA SORBHOG) P.S- SORBHOG DIST- BARPETA ASSAM PIN- 781317 7: PANKAJ NATH S/O- LATE BHUPEN BATH VILL- KISMT DWARIKA P.O- BHULUKADOBA (VIA SORBHOG) P.S- SORBHOG DIST- BARPETA ASSAM PIN- 781317 8: GADHE BALA DAS W/O- LATE NAURAM DAS VILL- KISMT DWARIKA P.O- BHULUKADOBA (VIA SORBHOG) P.S- SORBHOG DIST- BARPETA ASSAM PIN- 781317 9: CHAJANI KANTA PATHAK S/O- LATE BADN PATHAK VILL- KISMT DWARIKA P.O- BHULUKADOBA (VIA SORBHOG) P.S- SORBHOG DIST- BARPETA ASSAM PIN- 781317 10: HARKANTA DAS S/O- LATE DHARMESWAR DAS VILL- KISMT DWARIKA P.O- BHULUKADOBA (VIA SORBHOG) P.S- SORBHOG DIST- BARPETA Page No.# 3/5 ASSAM PIN- 78131 VERSUS THE UNION OF INDIA AND 6 ORS. REP. BY THE SECRETARY TO THE UNION OF INDIA, MIN OF ROAD TRANSPORT AND HIGHWAYS, NEW DELHI 2:THE NATIONAL HIGHWAYS AUTHORITY OF INDIA REP. BY THE SECRETARY B-586 SECTOR-10 DWARKA NEW DELHI 3:THE STATE OF ASSAM REP. BY THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPTT. RELIEF AND REHABILITATION BRANCH ASSAM DISPUR GUWAHATI-6 4:THE DEPUTY COMMISSIONER BARPETA P.O AND P.S- BARPETA DIST- BARPETA ASSAM PIN- 781301 5:THE COMPETENT AUTHORITY THROUGH THE DEPUTY COMMISSIONER BARPETA P.O AND P.S- BARPETA DIST- BARPETA ASSAM PIN- 781301 6:THE PROJECT DIRECTOR NHAI BONGAIGAON P.O AND P.S- BONGAIGAON DIST- BONGAIGAON ASSAM PIN- 783380 7:THE CIRCLE OFFICER Page No.# 4/5 BARNAGAR REVENUE CIRCLE SORBHOG DIST- BARPETA ASSAM PIN- 78131 Advocate for the Petitioner : MR. K R PATGIRI, MR. C DAS,MRS. C DAS Advocate for the Respondent : ASSTT.S.G.I., GA, ASSAM,SC, NHAI BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 14-07-2025 Heard Shri K. R. Patgiri, learned counsel for the petitioners. Also heard Shri C. Baruah, learned Standing Counsel, NHAI and Shri N. Das, learned State Counsel. Considering the facts and circumstances involved in this writ petition pending since the year 2018 and also taking note of the fact that the Hon’ble Supreme Court has passed the judgment in the case referred in the earlier orders, this writ petition is taken up for disposal at the admission stage. The grievance of the petitioner is of non-payment of proper solatium and compensation of patta lands which were acquired by the National Highway Authority in connection with the construction of the East-West Corridor, in the second phase of the project. During the course of the proceeding, this Court was informed that the aspect of the applicability of the judgment of the Hon’ble Supreme Court in Union of India and anr. Vs Tarsem Singh & Ors. reported in (2019) 9 SCC 304 was before consideration before the Hon’ble Supreme Court in Miscellaneous Application/1773/2021 in Civil Appeal No. 7064/2019/ Shri Patgiri, the learned counsel for the petitioners has submitted that the Hon’ble Supreme Court has passed a judgment on 04.02.2025 wherein it has been held that the law laid down in the case of Tarsem Singh (supra) would be applicable. For ready reference, the observations made by the Hon’ble Supreme Court are Page No.# 5/5 extracted herein below: “25. In view of the foregoing analysis, we find no merit in the contentions raised by the Applicant, NHAL. We reaffirm the principles established in Tarsem Singh (supra) regarding the beneficial nature of granting 'solatium' and interest' while emphasising the need to avoid creating unjust classifications lacking intelligible differentia. Consequently, we deem it appropriate to dismiss the present Miscellaneous Application. 26. Leave is granted in the other connected matters, and all the appeals are disposed of with a direction to the Competent Authority to calculate the amount of 'solatium' and 'interest' in accordance with the directions issued in Tarsem Singh (supra). In this context, the appeal arising out of SLP (C) Diary No. 52538/2023 is dismissed, as the challenge therein pertains to the High Court's refusal to award Additional Market Value as another component of the compensation, while 'solatium' and 'interest' have already been granted.” In view of the aforesaid clarification made by the Hon’ble Supreme Court in its judgment dated 04.02.2025 mentioned above, this writ petition is disposed of by directing the respondent authorities, more particularly respondent nos. 5 & 6 to examine the case of the petitioners in strictly in accordance with the principles laid down in the case of Tarsem Singh (supra) and pay the entitled solatium and additional compensation at the appropriate rate in accordance with law. The aforesaid exercise be undertaken and completed within a period of 2 (two) months from today. JUDGE Comparing Assistant