Page No.# 1/7 GAHC010018962025 2025:GAU-AS:1473 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/695/2025 AMAL CHANDRA SINGHA SON OF LATE AMULYA SINGHA, RESIDENT OF VILLAGE KALINAGAR, PART-1, P.O.- KALINAGAR, P.S.- PANCHGRAM, DISTRICT- HAILAKANDI, ASSAM. VERSUS THE UNION OF INDIA AND 8 ORS. REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, PARLIAMENT STREET, NEW DELHI-110001. 2:THE SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NEW DELHI TRANSPORT BHAWAN-1 PARLIAMENT STREET NEW DELHI- 110001. 3:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SPECIAL SECRETARY TO THE GOVT. OF ASSAM P.W.D. DEPARTMENT (BUILDING AND NATIONAL HIGHWAY) ASSAM DISPUR GUWAHATI-6. 4:THE NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION (NHIDCL) MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT. OF INDIA 1ST AND 2ND FLOOR Page No.# 2/7 WORLD TRADE CENTRE NAROJI NAGAR NEW DELHI-110029. 5:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM REVENUE(LAND ACQUISITION) DEPARTMENT DISPUR P.O.- GUWAHATI- 781006 ASSAM 6:THE GENERAL MANAGER NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION (NHIDCL) P.O. AND P.S.- SILCHAR PIN- 788004 DIST.- CACHAR ASSAM 7:THE DEPUTY COMMISSIONER AND DISTRICT COLLECTOR HAILAKANDI DISTRTICT P.O. AND P.S.HAILAKANDI- 788801 DISTRICT- HAILAKANDI ASSAM 8:THE CIRCLE OFFICER ALGAPUR REVENUE CIRCLE P.O.- ALGAPUR- 788101 DISTRICT HAILAKANDI ASSA Advocate for the Petitioner : MS.SHOMA DASGUPTA, MS SUPRIYA DASGUPTA Advocate for the Respondent : DY.S.G.I., SC, REVENUE,SC, NHAI,SC, PWD ROAD,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 12-02-2025 Heard Ms. S. Dasgupta, learned counsel for the petitioner; Ms. R. Bora, learned Standing Counsel, NHDICL for the respondent nos. 1, 2, 4 & 6; Mr. B. Choudhury, learned Standing Counsel, PWD for the respondent no. 3; Ms. P.R. Page No.# 3/7 Mahanta, learned Standing Counsel, Revenue Department for the respondent no. 5; and Mr. N. Goswami, learned Junior Government Advocate, Assam for the respondent nos. 7 & 8. 2. The Government of India [GoI] in the Ministry of Road Transport and Highways [MoRT&H] in exercise of powers conferred under the National Highways Act, 1956 [‘the N.H. Act’, for short] have undertaken a process of land acquisition for the purpose of ‘Building [widening/four-laning, etc.], maintenance, management and operation of NH37 in the stretch of land from Km. 15.500 to Km. 17.800 in the district of Hailakandi’ [‘the Project’, for short]. A notification under Section 3A[1] of the N.H. Act was initially issued and after hearing the objections received, a Notification under sub-section [1] of Section 3D of the N.H. Act was published, thereby, declaring that the parcels of land specified in the Schedule to the said Notification had been acquired for the purpose of the Project. Thereafter, another notification was issued under sub- section [2] of Section 3D of the N.H. Act on 26.07.2023 declaring that the parcels of land specified in the Schedule therein have been vested absolutely in the Central Government, free from all encumbrances. In the Schedule thereto, the descriptions of the parcels of land acquired for the Project have been given. 3. In the process of the such land acquisition, a parcel of land belonging to the petitioner measuring 0.0291 hectare, covered by Dag no. 161 & Patta no. 31, situate at Village – Kalinagar Part-I, Mouza – Kalinagar, Part-I under Algapur Block and Algapur Revenue Circle [‘the subject-plot’, for short] has come to be acquired. 4. Ms. Dasgupta, learned counsel for the petitioner has submitted that against the acquisition of the subject-plot, an amount of Rs. 7,17,260/- has Page No.# 4/7 since been disbursed purportedly in terms of an Award passed under Section 3G[1] of the N.H. Act by the Competent Authority, Land Acquisition [‘CALA’] appointed under Section 3[a] of the N.H. Act. Ms. Dasgupta has further submitted that the Competent Authority, Land Acquisition has assessed the compensation amount without taking the prevailing zonal rate and the market rate in respect of the subject-plot including its strategic location and other relevant aspects, into consideration and the same has resulted in a compensation amount in the lower side. It is the further contention of the learned counsel for the petitioner that assessment towards zirat has not been made properly. It is submitted that acquisition of a part of a same house standing on the subject-plot has been assessed without assessing the prejudicial effects which have been resultantly caused to the remaining part of the same house standing beyond the subject-plot. A nos. of other contentions have also been raised in this writ petition. 5. Having regard to the nature of the grievances raised in this writ petition, the learned counsel for the official respondents have conjointly submitted that the grievances of the petitioner can be effectively redressed by the Arbitrator appointed under sub-section [5] of Section 3G of the N.H. Act. By placing a Notification bearing no. S.O.4606[E] dated 22.10.2024 issued by the Ministry of Road Transport and Highways [MoRT&H], Government of India [GoI], the learned counsel for the official respondents have submitted that the the petitioner should approach the Arbitrator so appointed, for redressal of his grievances. 6. By the Notification bearing no. S.O.4606[E] dated 22.10.2024 of the MoRT&H, GoI, an Arbitrator, that is, the Secretary to the Government of Assam Page No.# 5/7 has already been appointed to exercise the powers conferred and perform the duties entrusted on an Arbitrator by or under the N.H. Act within the local limits of his respective jurisdiction, as specified therein, and the Arbitrator so appointed, has to take into consideration the provisions of sub-section [6] and sub-section [7] of Section 3G of the N.H. Act while deciding an application. 7. For ready reference, the contents of the Notification no. S.O.4606[E] dated 22.10.2024 are reproduced herein :- MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATION New Delhi, the 22nd October, 2024 S.O.4606[E].-In pursuance of sub-section [5] of Section 3G of the National Highways Act, 1956 [48 of 1956], the Central Government hereby appoints the Officer mentioned in column [2] of the Table below, to be Arbitrator for the purpose of the said sub- section, who shall exercise the powers conferred and perform the duties imposed, on an Arbitrator by or under the said Act within the local limits of his respective jurisdiction as specified in column [3] and [4] of the said Table. Sub-section [6] & [7] of Section-3G of the Act shall be taken into consideration while passing awards by the Arbitrator. Sl. No. Designation of the Officer Revenue District State [1] [2] [3] [4] 1 Secretary to the Govt. of Assam · BARPETA · BONGAIGAON · CACHAR · DARRANG · DHEMAJI · DHUBRI · DIBRUGARH · GOALPARA · GOLAGHAT · HAILAKANDI · JORHAT · KAMRUP · KARBI ANGLONG · KARIMGANJ · KOKRAJHAT ASSAM Page No.# 6/7 · LAKHIMPUR · MORIGAON · NAGAON · NALBARI · DIMA HASAO · SIVASAGAR · SONITUR · TINSUKIA · CHIRANG · BAKSA · UDALGURI · KAMRUP METRO · South Salmara Mankachar · Biswanath · Majuli · HOJAI · CHARAIDEO 8. The Notification no. S.O.4606[E] dated 22.10.2024 has also been published in the Gazette of India, in its issue dated 22.10.2024. 9. As the grievances agitated by the petitioner in this writ petition can be examined and considered by the Arbitrator so appointed under Section 3G[5] of the N.H. Act, this Court is of the considered view that the petitioner shall approach the Arbitrator by submitting an application before him along with all the supporting documents in support of his contentions at the earliest. It is further observed that in the event an application is preferred by the petitioner before the Arbitrator so appointed, he shall consider and dispose of the application as expeditiously as possible. The official respondents who are in custody and possession of the relevant records of land acquisition in respect of the subject-plot belonging to the petitioner, and for the Project under reference, shall transmit the relevant records to the office of the Arbitrator so as to facilitate the Arbitrator to dispose of the application by taking into consideration the factors delineated in sub-section [6] and sub-section [7] of Section 3G of Page No.# 7/7 the N.H. Act and in an expeditious manner. 10. In view of the above discussion and for the reasons assigned therein, the instant writ petition is not entertained at this stage, reserving the liberty to the petitioner to approach the Arbitrator for redressal of his grievances. This order disposes of the writ petition. JUDGE Comparing Assistant