Page No.# 1/4 GAHC010021372025 2025:GAU-AS:10968 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/558/2025 RIPON UDDIN BARBHUIYA AND 2 ORS S/O- ASAB UDDIN BARBHUIYA, R/O- VILLAGE SAIDPUR PART II, P.O- SAIDPUR, P.S- SILCHAR, DIST-CACHAR, ASSAM 2: RANU BEGUM LASKAR W/O- AJMAL HUSSAIN LASKAR D/O- ASAB UDDIN BARBHUIYA R/O- VILLAGE DHAMALIA P.S- SILCHAR DIST-CACHAR ASSAM 3: JANU BEGUM BARBHUIYA W/O- REHAN UDDIN D/O- ASAB UDDIN BARBHUIYA R/O- VILLAGE BALIRBOND P.S- SILCHAR DIST-CACHAR ASSA VERSUS THE UNION OF INDIA AND 4 ORS REP BY ITS SECRETARY TO THE GOVT OF INDIA, MINISTRY OF SURFACE, TRANSPORT AND NATIONAL HIGHWAYS, TRANSPORT BHAWAN, PARLIAMENT STREET, NEW DELHI-01 Page No.# 2/4 2:THE NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD REP. BY ITS MANAGING DIRECTOR 3RD FLOOR PTI BUILDING-4 PARLIAMENT STREET NEW DELHI-01 3:THE DISTRICT COMMISSIONER CACHAR PIN 788001 4:THE COMPETENT AUTHORITY FOR NHIDCL CUM ADDITIONAL DISTRICT COMMISSIONER CACHAR SILCHAR PIN-788001 5:ASAB UDDIN BARBHUIYA S/O- MOHIBUR RAHMAN BARBHUIYA VILL- SAIDPUR PART II P.O- SAIDPUR P.S- SILCHAR DIST- CACHAR ASSAM PIN-78801 Advocate for the Petitioner : BANDANA HAZARIKA, MD. MEMON AHMED,MS. R CHOUDHURY Advocate for the Respondent : DY.S.G.I., P ADHIKARI (R5),MR. A UDDIN (R5),G UDDIN (R5),MR. H. SARMA, (R-3 & R-4), ADDL. SR. GA, ASSAM,GA, ASSAM,SC, NHIDC Page No.# 3/4 BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 18/08/2025 Heard Ms. R Chodhury, learned counsel for the petitioners. Also heard Mr. R K Talukdar, learned counsel representing the respondent Nos. 1 & 2, Mr. H K Sarma, learned Additional Senior Government Advocate appearing for the respondent Nos. 3 & 4 and Mr. G Uddin, learned counsel appearing for the respondent No. 5. 2. The petitioners in the present proceeding project that they had entered into an agreement for sale of a plot of land measuring 15 Kathas covered by different Dag and Patta numbers under Mouza- Saidpur in the district of Cachar with the respondent No. 5. The said plot of land for which an agreement for sale was executed between the petitioners and the respondent No. 5, was acquired by the respondent authorities under the Bharat Mala Project. Thereafter, it is seen that with regard to the said plot of land so acquired, the land compensation as well as Zirat compensation were assessed under Section 3G of the National Highways Act, 1956. 3. The respondent No. 5, being the pattadar of the land in question, in the list so published in his name was denoted therein as the person to whom the compensation is to be so released. 4. The petitioners herein raised an objection with regard to disbursement of land compensation value to the respondent No. 5 by projecting that they had already entered into an agreement for sale of the land in question. 5. The competent authority for land acquisition (CALA), i.e., the Additional District Commissioner, Cachar on consideration of the issues raised by the petitioners and the respondent No. 5 proceeded to pass an order vide order dated 20.12.2024. By the said order dated 20.12.2024 noticing the dispute of the land acquired, the land compensation so assessed in respect thereof was directed to be kept in abeyance. However, the respondent No. 5 herein, being the recorded pattadar of the land in question and he being in possession thereof, the Zirat compensation as per 3G award list was directed to be released to him. Being aggrieved, the petitioners have instituted the present proceeding. 6. Ms. R Choudhury, learned counsel for the petitioners has submitted that the respondent No. 5 having not executed the sale deed and further by contending that the land in question was actually Page No.# 4/4 brought in the name of the respondent No. 5 by the petitioners herein, they have instituted a title suit being Title Suit No. 190/2022 before the Court of the learned Munsiff No. 1, Cachar at Silchar and the same is pending disposal. 7. It is also highlighted by the petitioners that vide an order dated 20.08.2022, the Trial Court had directed for maintenance of status-quo with regard to the land in question. 8. In view of the position, the parties to the proceeding have agreed that the land compensation as well as the Zirat compensation assessed for the land in question be kept in abeyance till a decision is arrived at by the learned Trial Court in Title Suit No. 190/2022. 9. In view of the consensus reached by the parties to the proceeding, the present writ petition is disposed of directing the CALA, i.e., the respondent No. 4 not to disburse the assessed land compensation as well as the Zirat compensation to either of the petitioners or the respondent No. 5, pending a decision of the Trial Court in Title Suit No. 190/2022. The compensation would be released to the person designated by the Trial Court in the proceedings of Title Suit No. 190/2022 on conclusion of the same. 10. It is reiterated that till a decision in the matter is rendered by the Trial Court in Title Suit No. 190/2022, the respondent No. 4 and any other authority empowered in this connection shall not release either to the petitioners and to the respondent No. 5 the land compensation amount as well as the Zirat compensation amount as assessed for the land as acquired, over which a dispute is pending between the petitioners and the respondent No. 5. 11. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant