Page No.# 1/5 GAHC010064432025 2025:GAU-AS:4747 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1798/2025 RATUL BORTHAKUR AND 2 ORS. S/O- LATE ISHESWAR BORTHAKUR, R/O- WARD NO.3, KUMAR GAON PATH, DERGAON, P.O- DERGAON, DIST- GOLAGHAT, ASSAM, PIN- 785614 2: SMTI APARAJITA BORTHAKUR W/O SRI LALIT GOSWAMI R/O RAJABAHAR NEAR DKD COLLEGE P.O.- DERGAON DIST- GOLAGHAT ASSAM PIN-785614 3: SMTI. RINA BARTHAKUR W/O PRADIP SARMA R/O BHATEMORA GAON P.O.-PULIBOR DIST- JORHAT ASSAM PIN-78500 VERSUS THE UNION OF INDIA AND 12 ORS. REPRESENTED BY ITS SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAWAN, 1, PARLIAMENT STREET, NEW DELHI- 110075 2:STATE OF ASSAM REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM DISPUR GUWAHATI-781006 Page No.# 2/5 3:NATIONAL HIGHWAYS AND INFRASTRUCTURE DDEVELOPMENT CORPORATION LIMITED (NHIDCL) REPRESENTED BY ITS MANAGING DIRECTOR TOWER-A WORLD TRADE CENTRE NAUROJI NAGAR NEW DELHI-110029 4:NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED (NHIDCL) REPRESENTED BY GENERAL MANAGER (P) BRANCH OFFICE 4TH FLOOR HOTEL JIRONI NH-37 BYPASS WEST JORHAT DIST- JORHAT ASSAM PIN-785006 5:DISTRICT COMMISSIONER GOLAGHAT P.O. AND DIST- GOLAGHAT ASSAM PIN-785621 6:ADDITIONAL DISTRICT COMMISSIONER (LAND ACQUISITION) GOLAGHAT -CUM- COMPETENT AUTHORITY LAND ACQUISITION (CALA) GOLAGHAT P.O. AND DIST- GOLAGHAT ASSAM PIN-785621 7:PRODIP BORTHAKUR S/O LATE ISHESWAR BORTHAKUR R/O WARD NO. 4 NEAR LAHOTI PETROL PUMP DERGAON P.O.- DERGAON DIST- GOLAGHAT ASSAM PIN-785614 8:RAHUL KAUSHIK S/O LATE JADAV BORTHAKUR R/O HOUSE NO. 01 BYELANE NO. 8 Page No.# 3/5 LAXMI PATH JAYA NAGAR GUWAHATI DIST- KAMRUP (M) ASSAM PIN-781022 9:SMTI RAGINI BORTHAKUR D/O LATE JADAV BORTHAKUR R/O HOUSE NO. 01 BYELANE NO. 8 LAXMI PATH JAYA NAGAR GUWAHATI DIST- KAMRUP (M) ASSAM PIN-781022 10:SMTI LOHITA BORTHAKUR W/O LATE DULAL BORTHAKUR R/O HOUSE NO. 38 NEAR SUKAFA BHAWAN JAYA NAGAR BELTOLA TINIALI GUWAHATI DIST- KAMRUP (M) ASSAM PIN-781022 11:MANASH BORTHAKUR S/O LATE DULAL BORTHAKUR R/O HOUSE NO. 38 NEAR SUKAFA BHAWAN JAYA NAGAR BELTOLA TINIALI GUWAHATI DIST- KAMRUP (M) ASSAM PIN-781022 12:SMTI PALLAVI BORTHAKUR D/O LATE DULAL BORTHAKUR R/O HOUSE NO. 38 NEAR SUKAFA BHAWAN JAYA NAGAR BELTOLA TINIALI GUWAHATI DIST- KAMRUP (M) Page No.# 4/5 ASSAM PIN-781022 13:SMTI SAURABHI BORTHAKUR D/O LATE DULAL BORTHAKUR R/O HOUSE NO. 38 NEAR SUKAFA BHAWAN JAYA NAGAR BELTOLA TINIALI GUWAHATI DIST- KAMRUP (M) ASSAM PIN-78102 Advocate for the Petitioner : MR. M DUTTA, MR K M BORA Advocate for the Respondent : DY.S.G.I., MRS. R DEVI(C.G.C),SC, NHIDC,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 21.04.2025 Heard Mr. M Dutta, learned counsel for the petitioner. Also heard Ms. R Devi, learned CGC for the respondent No.1, Ms. S Baruah, learned Junior Government Advocate, Assam for the respondent Nos.2, 6 and 7 and Mr. R.K. Talukdar, learned standing counsel, NHIDCL for respondent Nos.3 & 4. The prayer made in this writ petition is limited for reference of the dispute to the Principle Civil Court of original jurisdiction of Golaghat district and it is on record that the matter has already been placed before the District Judge. This court under its order dated 02.04.2024 directed the learned state counsel to obtain instructions as regards why the Page No.# 5/5 reference has not yet been forwarded to the District Judge, Golaghat in terms of order dated 08.04.2024, passed by the learned District Judge, Jorhat in LA Reference Case No.03/2024, inasmuch as the learned District Judge, Jorhat has declined to accept such reference for want of jurisdiction. Subsequently, the matter has been referred to the learned District Judge & Sessions Judge, Golaghat with a prayer that the awarded amount to the tune of Rs.16,23,055/- to be deposited in the court. In that view of the matter, though nothing survives to be adjudicated in this matter, Mr. Dutta, learned counsel for the petitioner submits that the reference was not properly sent to the District Judge, Golaghat and without address of the proper parties. It is needless to say that though the communication was addressed in the name of the District & Sessions Judge, Golaghat, Land Acquisition, Rehabilitation and Resettlement Authority, Golaghat, it should be read as the Principle Civil Court, District Golaghat, inasmuch as the reference is under National Highways Act, 1956 and not under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act). With the aforesaid observations, the writ petition stands closed. JUDGE Comparing Assistant