Page No.# 1/5 GAHC010045402018 2025:GAU-AS:7923 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1466/2018 ON THE DEATH OF AYASH ALI LASKAR, HIS LEGAL HEIR FARIDA BEGUM LASKAR AND 7 ORS. REP. RESIDENT OF VILLAGE JAMIRA PART-II, P.O. JAMIRA BAZAR, DIST- HAILAKANDI, ASSAM 1.1: FARIDA BEGUM LASKAR W/O. LATE AYASH ALI LASKAR R/O. VILL. JAMIRA PART II P.O. JAMIRA BAZAR DIST. HAILAKANDI ASSAM. 2: SALIM UDDIN LASKAR RESIDENT OF VILLAGE JAMIRA PART-II P.O. JAMIRA BAZAR DIST-HAILAKANDI ASSAM 3: JASHIM UDDIN MAZUMDAR RESIDENT OF VILLAGE JAMIRA PART-II P.O. JAMIRA BAZAR DIST-HAILAKANDI ASSAM 4: BIBI ASMA LASKAR RESIDENT OF VILLAGE JAMIRA PART-II P.O. JAMIRA BAZAR DIST-HAILAKANDI ASSAM 5: SANKAR DEV ROY RESIDENT OF VILLAGE JAMIRA PART-II P.O. JAMIRA BAZAR DIST-HAILAKANDI Page No.# 2/5 ASSAM 6: FOYAZ UDDIN BARBHUIYA RESIDENT OF VILLAGE JAMIRA PART-II P.O. JAMIRA BAZAR DIST-HAILAKANDI ASSAM 7: BURHAN UDDIN BARBHUIYA RESIDENT OF VILLAGE JAMIRA PART-II P.O. JAMIRA BAZAR DIST-HAILAKANDI ASSAM 8: ABDUL MANIK BARBHUIYA RESIDENT OF VILLAGE JAMIRA PART-II P.O. JAMIRA BAZAR DIST-HAILAKANDI ASSA VERSUS THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY ITS COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, LAND AND REVENUE DEPARTMENT, DISPUR, GUWAHATI - 6 2:THE DEPUTY COMMISSIONER HAILAKANDI PIN 788151 P.O. AND DIST. HAILAKANDI (ASSAM) 3:THE ASSISTANT SETTLEMENT OFFICER KATLICHERRA P.O. KATLICHERRA BAZAR DIST- HAILAKANDI (ASSAM) PIN 788163 4:THE EXECUTIVE ENGINEER PWD SILCHAR BUILDING DIVISION SILCHAR P.O. SILCHAR DIST-CACHAR ASSAM PIN - 788001 5:THE ASSISTANT EXECUTIVE ENGINEER PWD Page No.# 3/5 BUILDING SUB-DIVISION HAILAKANDI P.O. AND DIST HAILAKANDI PIN 788151 6:THE UNION OF INDIA THROUGH THE SECRETARY GOVT. OF INDIA MINISTRY OF SURFACE TRANSPORT AND NATIONAL HIGHWAYS TRANSPORT BHAWAN PARLIAMENT STREET NEW DELHI 11000 Advocate for the Petitioner : MR. A H M R CHOUDHURY, Advocate for the Respondent : GA, ASSAM, SC, NHAI,MR C BARUAH,MD. A HUSSAIN,MR H R A CHOUDHURY BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 16.06.2025 1. Heard Mr. AHMR Choudhury, learned counsel for the petitioners. Also heard Ms. N Bordoloi, learned standing Counsel, Revenue department appearing for respondent No.1, Mr. H Sarma, learned counsel for respondent Nos.2 & 3, Mr. D Nath, learned senior Govt. counsel for respondent Nos.4 & 5 and Mr. R Boro, learned counsel for respondent No.6. 2. By filing this petition under Article 226 of the Constitution of India, petitioners seek a direction to the respondents to refer their claim for just and fair compensation for acquisition of land to the arbitrator. Page No.# 4/5 3. Case of the petitioners is that their lands were acquired by the respondents during the period 2009-2010 in connection with construction of National Highway 154 in the district of Hailakandi. Land of the petitioners were situated at Jamira Part-II Mouza under Katlicherra Revenue Circle. Assessment for compensation for acquisition of land was carried out in the year 2011 whereafter compensation amounts were paid to the petitioners. However, grievance of the petitioners is that the assessment was not properly made. As a result, due compensation were not paid to the petitioners. Aggrieved, they had filed an application before the Deputy Commissioner, Hailakandi under Section 3(G)(5) of the National Highways Act, 1956 to refer the matter to the arbitrator for determination of just and fair compensation. However, no effective steps were taken thereafter. 4. Hence, the present writ petition. 5. Section 3G of the National Highways Act, 1956 deals with determination of the amount to be paid as compensation. As per Sub-section (5), if the amount determined by the competent authority is not acceptable to the parties, the amount shall on an application by either of or all the parties be determined by the arbitrator to be appointed by the Central Government. Sub-sections (6) and (7) lay down the procedure. 6. Having regard to the above, the petitioners may file appropriate application before the Arbitrator under section 3G(5) of the National Highways Act, 1956. 7. It is needless to say that as the petitioner has been Page No.# 5/5 persuading this matter before this court, while considering the application by the Arbitrator, the period with effect from 13.03.2018 (date of filing) till today i.e., 16.06.2025 may be ignored. 8. This disposes the writ petition. JUDGE Comparing Assistant