Page No.# 1/7 GAHC010032322025 2025:GAU-AS:1931 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/963/2025 DILIP SINGHA AND ANR S/O LT DIGENDRA SINGHA , R/O VILL POLARPAR , P.O- POLARPAR , P.S-PANCHGRAM, PIN -788801 , DIST -HAILAKANDI ASSAM 2: ARUN SINGHA R/O VILL POLARPAR PO POLARPAR PS PANCHGRAM PIN 788801 DIST HAILAKANDI ASSA VERSUS THE UNION OF INDIA AND ORS REP BY THE SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAWAN-1, PARLIAMENT STREET, NEW DELHI- 01 2:THE SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS TRANSPORT BHAWAN- 1 PARLIAMENT STREET NEW DELHI-1 3:THE STATE OF ASSAM REP BY THE COMMISSIONER AND SPECIAL SECRETARY TO THE GOVT OF ASSAM PWD DEPTT. (BUILDING AND NATIONAL HIGHWAY) ASSAM DISPUR GUWAHATI-6 4:THE NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION MINISTRY OF ROAD TRANSPORT AND HIGHWAYG GOVT. OF INDIA 1ST AND 2ND FLOOR WORLD TRADE CENTRE NAROJI NAGAR NEW DELHI-110029 Page No.# 2/7 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 INFRASTRUCTUREDEVELOPMENT CORPORATION (NHIDCL) P.O AND P.S. SILCHAR PIN 788004 DISTRICT-CACHAR ASSAM 7:THE DEPUTY COMMISSIONER AND DISTRICT COLLECTOR HAILAKANDI 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 SUPRIYA DASGUPTA, MS.SHOMA DASGUPTA Advocate for the Respondent : DY.S.G.I., SC, NHAI,SC, PWD ROAD,SC, NHIDC,SC. REVENUE,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 21-02-2025 Heard Ms. S. Dasgupta, learned counsel for the petitioners; 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. Mahanta, learned Standing Counsel, Revenue Department for the respondent Page No.# 3/7 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] had undertaken a process of land acquisition for the purpose of a project :- ‘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 on 01.12.2022 and after hearing the objections received and upon receipt of the report from the Competent Authority, the Central Government under sub-section [1] of Section 3D of the N.H. Act declared that the parcels of land specified in the Schedule to the said Notification should be acquired for the purpose of the Project. Thereafter, a 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 no. 1 measuring 0.0519 hectare, covered by Dag no. 91 & 2nd R.S. Patta no. 21, situate at Village – Polarpar, Mouza – Polarpar, under Algapur Block and Algapur Revenue Circle [‘the subject-plot no. 1’, for short] has come to be acquired. Another parcel of land belonging to the petitioner no. 2 measuring 0.0581 hectare, covered by Dag no. 79 & 2nd R.S. Patta no. 100, Page No.# 4/7 situate at the same Village – Polarlar [‘the subject-plot no. 2’] has also come to be acquired. 4. Ms. Dasgupta, learned counsel for the petitioners has submitted that against the acquisition of the subject-plot no. 1, an amount of Rs. 15,85,225/- and of the subject-plot no. 2, an amount of Rs. 22,70,464/- have since been disbursed purportedly in terms of Awards 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 [CALA] has assessed the compensation amounts without taking the prevailing zonal rate and the market rate in respect of the subject-plots including their strategic locations and other relevant aspects, into consideration and the same has resulted in the compensation amounts in the lower side. It is the further contention of the learned counsel for the petitioners that assessments towards zirats have not been made properly. It is submitted that damages caused to the structures left on the lands which have not been acquired, have not been taking into account the prejudicial effects which have been resultantly caused as a result of acquisition of the subject- plots. 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 petitioners 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 Page No.# 5/7 learned counsel for the official respondents have submitted that the petitioners should approach the Arbitrator so appointed, for redressal of their 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 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] Page No.# 6/7 1 Secretary to the Govt. of Assam · BARPETA · BONGAIGAON · CACHAR · DARRANG · DHEMAJI · DHUBRI · DIBRUGARH · GOALPARA · GOLAGHAT · HAILAKANDI · JORHAT · KAMRUP · KARBI ANGLONG · KARIMGANJ · KOKRAJHAT · LAKHIMPUR · MORIGAON · NAGAON · NALBARI · DIMA HASAO · SIVASAGAR · SONITUR · TINSUKIA · CHIRANG · BAKSA · UDALGURI · KAMRUP METRO · South Salmara Mankachar · Biswanath · Majuli · HOJAI · CHARAIDEO ASSAM 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 petitioners 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 petitioners shall Page No.# 7/7 approach the Arbitrator by submitting individual applications before him along with all the supporting documents in support of their contentions at the earliest. It is further observed that in the event individual applications are preferred by the petitioners before the Arbitrator so appointed, he shall consider and dispose of the applications as expeditiously as possible. The official respondents who have the custody and possession of the relevant records of land acquisition in respect of the subject-plots belonging to the petitioners, and for the Project under reference, shall transmit the relevant materials to the office of the Arbitrator so as to facilitate the Arbitrator to dispose of the applications, if preferred, by taking into consideration the factors delineated in sub-section [6] and sub-section [7] of Section 3G of the N.H. Act and in an expeditious manner. 10. In view of the observations made herein and for the reasons assigned therein, the instant writ petition is not entertained at this stage, reserving the liberty to the petitioners to approach the Arbitrator for redressal of their grievances. 11. This order disposes of the writ petition. No cost. JUDGE Comparing Assistant