ON THE DEATH OF MD. RASHID AHMED HIS LEGAL HEIRSnd 78 ORS, v. STATE OF ASSAM and 5 ORS,
WP(C)/3560/2015 · 2025-11-25
Kardak Ete
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 27963 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27963 (GAU) · dailylaw.ai ]
Judgment text
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Page No.# 1/5 GAHC010117502015
2025:GAU-AS:16104
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3560/2015 ON THE DEATH OF MD. RASHID AHMED HIS LEGAL HEIRSnd 78 ORS, S/O SAFAR ALI, BAKRIHAWAR PART-I, PANCHGRAM-788802, DIST- HAILAKANDI, ASSAM 1.1: MUSSTT NAZMUN NEHAR BEGUM WIFE OF LATE MD. RASHID AHMED
VILLAGE BAKRIHAWAR PART - I P.LO. PANCHGRAM - 788802 HAILAKANDI ASSAM 1.2: MD. SAHIN AHMED SON OF LATE MD. RASHID AHMED VILLAGE BAKRIHAWAR PART - I P.LO. PANCHGRAM - 788802 HAILAKANDI ASSAM 1.3: MD. JAHID AHMED SON OF LATE MD. RASHID AHMED VILLAGE BAKRIHAWAR PART - I P.LO. PANCHGRAM - 788802 HAILAKANDI ASSAM 1.4: MD. MARUF AKTAR SON OF LATE RASHID AHMED VILLAGE BAKRIHAWAR PART - I P.LO. PANCHGRAM - 788802 HAILAKANDI ASSAM 1.5: MD. NUMAN AHMED
Page No.# 2/5 SON OF LATE MD. RASHID AHMED VILLAGE BAKRIHAWAR PART - I P.LO. PANCHGRAM - 788802 HAILAKANDI ASSAM 2: MD. ABDUL NOOR SON OF SAFAR ALI BAKRIHAWAR PART - I PANCHGRAM - 788802 DISTRICT HAILAKANDI ASSA VERSUS STATE OF ASSAM and 5 ORS, REP. BY THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM, LAND and REVENUE DEPTT., DISPUR, GHY-6 2:THE COMMISSIONER AND SECRETARY LAND AND REVENUE ASSAM LAND AND REVENUE DEPARTMENT ASSAM DISPUR GUWAHATI-6. 3:THE COMMISSIONER and SECRETARY PWDNH DIVISION. PWDNATIONAL HIGHWAY DIV DISPUR GUWAHATI-6. 4:THE CHIEF ENGINEER PWD NH DIV. PWD NATIONAL HIGHWAY DIVISION CHANDMARI GUWAHATI-3. 5:THE DEPUTY COMMISSIONER HAILAKANDI. DY COMMISSIONER OFFICE HAILAKANDI P.O. HAILAKANDI ASSAM 6:THE EXECUTIVE ENGINEER PWD NH DIV. Page No.# 3/5 PWD NATIONAL HIGHWAY DIV P.O and DIST- KARIMGANJ ASSAM. 7:THE UNION OF INDIA. THE SECRETARY TO GOVT. OF INDIA MINISTRY OF ROAD TRANSPORT and HIGHWAY NEW DELHI. 8:THE SECRETARY TO GOVT. OF INDIA MINISTRY OF ROAD TRANSPORT and HIGHWAY MINISTRY OF ROAD and HIGHWAY NEW DELHI Advocate for the Petitioner : MS.S DASGUPTA, MR. T U LASKAR,MR .B MALAKAR,MR.N DHAR Advocate for the Respondent : MRS.V L SINGH, MR H GUPTA, CGC (R-8,9),MR. R BORPUJARI,SC, REVENUE,,MR R DHAR, SC, PWD,,MR.Y DOLOI(R-7&8),SC, PWD,GA, ASSAM,SC, C.G.C.
BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER 26.11.2025 Heard Mr. T. U. Laskar, learned counsel for the petitioners and Mr. S. S. Roy, learned State Counsel for the respondent No. 5. Also heard Mr. G. Hazarika, learned Standing Counsel for the respondent Nos. 1 & 2. 2.
The petitioners, 79 in numbers, are aggrieved by non-payment of compensation for acquisition of land particularly Zirat compensation over the homestead land belonging to the petitioners, for construction of Dholeswari Bye Pass road over the National Highway No. 154, in the Hailakandi district, Assam. 3. It is the contention of the petitioners that pursuant to the acquisition of land of the petitioner for construction of Dholeswari Bye Pass road over the National Highway No. 154, in the Hailakandi district, an assessment for
Page No.# 4/5 compensation of Zirat in respect of the petitioners were made. However, the petitioners have not been paid their compensation amount for Zirat. Therefore, a direction may be issued to the respondent authorities to pay the Zirat compensation in accordance with the assessment report, dated 07.07.2024, with interest. 4. During the course of hearing, Mr. S. S. Roy, learned State Counsel for the respondent No. 5, by placing the communication, dated 21.11.2025, from the Additional Deputy Commissioner (LA) Hailakandi district, submits that an amount of Rs. 1,05,44,772.00 for payment of Zirat compensation has been credited in the respective bank accounts of the respondent authorities, which is available in the said bank accounts. The beneficiaries/affected persons have been informed to submit their back account details etc. for disbursement, for which, a notice was issued to the beneficiaries. 5. Mr. Roy further submits that the said amount of Zirat compensation shall be disbursed, on receipt of the required documents from the petitioners/beneficiaries. 6. Mr. T. U. Laskar, learned counsel for the petitioners submits that the petitioners are ready to submit required documents before the concerned authorities for disbursement of the Zirat compensation. 7. Having considered that an amount of Rs.
1,05,44,772.00 has already been deposited for payment to the affected persons, on account of the acquisition of the land for construction of Dholeswari Bye Pass road over the National Highway No. 154, in the Hailakandi district and the petitioners are ready to submit the required documents before the concerned authorities, I deem it appropriate to dispose of this writ petition, with a direction to the petitioners/affected persons
Page No.# 5/5 to submit the required documents to the concerned authorities and thereafter, the concerned authorities shall disburse the amount of Zirat compensation to the petitioners/affected persons, after due verification of the required documents. 8. Accordingly, it is directed that the petitioners shall submit their required documents, including their back account details, to the concerned authorities, within a period of thirty days from today. Thereafter, on proper verification, the respondent authorities shall disburse the said amount to the affected persons/petitioners, within a period of another sixty days. 9. In terms of the above, this petition stands disposed of. JUDGE Comparing Assistant