Page No.# 1/5 GAHC010019632025 2026:GAU-AS:10035 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/734/2025 RATUL TERON S/O- LATE CHANDRA SINGH TERON, PERMANANET RESIDENT OF VILL.- RUKASEN, P.O. AND P.S. DIPHU, DIST. KARBI ANGLONG AND PRESENTLY RESIDINGAT VILL- KARAGAON, BLOCK NO. 1, P.O. KARAGAON, PS. DIPHU, PIN- 782460, ASSAM VERSUS THE UNION OF INDIA AND 6 ORS. REPRESENTED BY THE SECRETARY TO THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, GOVT. OF INDIA. 2:THE NATIONAL HIGHWAY AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED A PUBLIC SECTOR UNDERTAKING BELONGING TO THE GOVERNMENT OF INDIA REPRESENTED BY ITS MANAGING DIRECTOR NEW DELHI. 3:THE STATE OF ASSAM REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF HILL AREAS GOVERNMENT OF ASSAM DISPUR GHY-06. 4:THE CHIEF EXECUTIVE MEMBER KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU KARBI ANGLONG. 5:THE EXECUTIVE MEMBER DEPARTMENT OF REVENUE KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU. Page No.# 2/5 6:THE PRINCIPAL SECRETARY TO THE KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU. 7:THE CALA CUM JOINT SECRETARY TO THE DEPARTMENT OF REVENUE KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU KARBI ANGLONG BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH For the Petitioner(s) : Mr. S. S. S. Rahman, Advocate For the Respondent(s) : Mr. J. Chutia, SC, KAAC : Ms. S. Kemprai, Advocate : Mr. N. Das, Government Advocate : Ms. R. Bora, SC, NHIDCL · Date on which Judgment was reserved : N/A · Date of Pronouncement of Judgment : 21.07.2026 · Whether the pronouncement is of the Operative Part of the Judgment : Yes · Whether the full Judgment has been Pronounced : N/A JUDGMENT AND ORDER (ORAL) Heard Mr. S. S. S. Rahman, the learned counsel appearing on behalf of the Petitioner and Ms. R. Bora, the learned Standing counsel appearing on behalf of the Respondent Nos. 1 and 2. I have also heard Mr. N. Das, the learned Government Advocate appearing on behalf of the Respondent No.3 and Mr. J. Chutia, the learned Senior counsel who is also the Standing counsel of KAAC Page No.# 3/5 assisted by Ms. S. Kemprai, the learned counsel appearing on behalf of the Respondent Nos. 4 to 7. 2. The Petitioner herein is aggrieved by the inaction on the part of the Respondent Authorities in payment of compensation to the Petitioner in respect to the land acquired admeasuring 0.3880 Hectares covered by Dag No.33 of Annual Patta No.241 of village Karagaon Block No.2, Borjan Taluk in the District of Karbi Anglong Assam. 3. This Court duly takes note of that the Petitioner’s name features in the notification dated 22.03.2018 issued in exercise of the powers under Section 3D of the National Highways Act, 1956 (for short ‘the Act of 1956’). 4. This Court during the course of the hearing enquired with Mr. J. Chutia, the learned Standing counsel of the Karbi Anglong Autonomous Council as to why the Petitioner has not been paid the compensation. The learned Standing counsel referring to the order passed in WP(C) No.6453/2019 submitted that there are other persons who are also claiming compensation in respect to the said land and therefore, there is already a direction passed by the learned Coordinate Bench of this Court in the order dated 03.11.2022 passed in WP(C) No.6453/2019 for adjudication of such dispute in a proceedings under Section 3H(4) of the Act of 1956. Page No.# 4/5 The learned Standing counsel further submitted that this reference have also not been made in view of the filing of the present writ petition. 5. This Court has duly perused the order dated 03.11.2022 passed in WP(C) No.6453/2019 and WP(C) No.8386/2019. A perusal of the said order do not mention the land against which the Petitioners therein were claiming compensation and as such, it is difficult to assume that the said directions passed by the learned Coordinate Bench on 03.11.2022 passed in WP(C) No.6453/2019 and WP(C) No.8386/2019 is in relation to the land in respect to which the Petitioner’s name appears in the Notification issued under Section 3D of the Act of 1956. 6. Be that as it may, this Court duly takes note of Section 3H of the Act of 1956 which stipulates that pursuant to the payment of compensation by the Central Government in terms with Section 3H(1) of the Act of 1956, the Competent Authority is required to disburse the compensation subject to there being no dispute as regards the entitlement or apportionment thereof. However, if there is a dispute, it is the responsibility of the Competent Authority to make a reference to the Court of the Principal Civil Court of original jurisdiction within whose jurisdiction, the land is situated. Page No.# 5/5 7. Taking into account the above, this Court disposes of the instant writ petition with the following observations and directions: (i) This Court directs the Respondent No.7 to disburse the compensation to the Petitioner in terms with Section 3H(3) of the Act of 1956, if there is no dispute raised as regards entitlement and/or apportionment of the compensation by any other parties. (ii) If there is any dispute raised as regards the Petitioner’s entitlement or for the apportionment of the compensation in respect to the land admeasuring 0.3880 Hectares covered by Dag No.33 of Annual Patta No.241 of village Karagaon Block No.2, Borjan Taluk in the District of Karbi Anglong Assam, the Respondent No.7 shall refer the matter for adjudication to the Court of learned District Judge, Karbi Anglong. The learned District Judge, Karbi Anglong thereupon shall decide the said dispute in accordance with law. (iii) No costs. JUDGE Comparing Assistant Bijoy Saha Digitally signed by Bijoy Saha Date: 2026.07.23 11:06:27 +05'30'