2026:GAU-AS:10632 THE GAUHATI HIGH COURT [THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH] W.P.[C]. No. 1321/2026 1. Shri Ajit Thakuria, S/o Late Nibaran Das, R/o Village - Kochpara, P.O.- Mirza, P.S. - Palashbari, District - Kamrup, Pin 781125, Assam. 2. Shri Bijit Chandra Thakuria, S/o Late Nibaran Das, R/o Village – Sarpara, P.O.- Sarpara, P.S. Palashbari, District- Kamrup, Pin 781122, Assam. ………………Petitioners -VERSUS- 1. The Union of India, represented by the Secretary to the Government of India, Ministry of Road, Transport and Highways, Transport Bhawan, 1 GAHC010041792026 Parliament Street, New Delhi - 110001. 2. The State of Assam, represented by the Principal Secretary to the Government of Assam, Department of Revenue, Dispur, Guwahati- 781006. 3. The National Highways Authority of India [NHAI] Ministry of Road Transport and Highway, Government of India. A Statutory Authority with its Registered Office G5 & 6 Sector 10, Dwarka, New Delhi -110075 and with a Regional Office-Guwahati NEDFI House, 4th Floor, G.S. Road, Dispur, Guwahati, District – Kamrup [M], Pin- 781006, Assam. 4. The National Highway and Infrastructure Development Ltd. NHIDCL. Represented by the Chairman, 3rd Floor, PTI Building 4 Parliament Street, New Delhi - 11001 Represented by the Managing Director. 5. The General Manager [P] S.O., Boko, The National Highway and Infrastructure Development Ltd., [NHIDCL] Kamrup, Assam. Page 3 of 14 6. The District Commissioner, Kamrup, Amingaon, Pin 781036, Assam. 7. The Additional District Commissioner Kamrup-Cum-Competent Authority for Land Acquisition [CALA], Kamrup Amingaon, Pin – 781036, Assam. 8. The Chief Engineer, PWD [Building], Public Works [Building] Department. O/o The Chief Engineer, PWD [Roads], Chandmari, Guwahati, District - Kamrup [M], Pin -781003, Assam. 9. The Executive Engineer, PWD, South Kamrup Territorial Building Division, Mirza, Kamrup. ……………….Respondents BEFORE HON’BLE MR. JUSTICE MANISH CHOUDHURY Advocates : For the Petitioner : Mr. N.C. Das, Senior Advocate : Mr. M. Das, Advocate For the Respondent nos. 1, 3, 4 & 5 : Ms. R. Borah, Central Government Counsel & Standing Counsel, NHAI & NHIDCL For the Respondent no. 2 : Mr. A. Bhattacharyya, Standing Counsel, Revenue Department For the Respondent nos. 6 & 7 : Mr. J. Handique, Junior Government Advocate For the Respondent nos. 8 & 9 : Mr. D. Nath, Standing Counsel, Public Works Department. Date on which judgment is reserved : Not applicable Date of Hearing : 23.07.2026 Date of pronouncement of judgment : 23.07.2026 Whether the pronouncement is of the Operative part of the judgment ? : No Whether the full judgment has been Pronounced ? : Yes JUDGMENT & ORDER Heard Mr. N.C. Das, learned Senior Counsel assisted by Mr. M. Das, learned counsel for the petitioners; Ms. R. Borah, learned Central Government Counsel & Standing Counsel, National Highway Authority of India [NHAI] & National Highway Infrastructure & Development Corporation Limited [NHIDCL] for the respondent nos. 1, 3, 4 & 5; Mr. A. Bhattacharyya, learned Standing Counsel, Revenue Department, Government of Assam for the respondent no. 2; Mr. J. Handique, learned Junior Government Advocate, Assam for the respondent nos. 6 & 7; and Mr. D. Nath, learned Standing Counsel, Public Works Department, Government of Assam for the respondent nos. 8 & 9. 2. The two petitioners herein are sons of one Late Sabitri Bala Das, who was the owner of a plot of land measuring 1 Katha 17 Lessas, covered by Dag no. 400 & Patta no. 108, situate at Village – Lakadubi, Mouza – Bangaon, Chayygaon Revenue Circle, District – Kamrup [M], Assam along with the building and other assets [‘structures’, for short] standing thereon [hereinafter referred to as ‘the subject-property’, for short]. After the death of Sabitri Bala Das on 22.12.2013, the petitioners being her legal heirs, became the joint owners of the subject-property. In support of the same, the petitioners have annexed a Next of Kin Certificate issued by the Office of the Circle Officer, Palashbari Revenue Circle, District – Kamrup [M] as Annexure-I to the writ petition. 3. The Ministry of Road Transport & Highways, Government of India [MoRT&H, GoI] in exercise of powers conferred under the National Highways Act, 1956 [‘the NH Act’, for short] had undertaken a process of land acquisition for the purpose of construction of National Highway no. 17 [‘the Project’, for short] wherein the National Highways & Infrastructure Development Limited has been appointed as the executing agency. For acquisition of land for the Project, the respondent no. 7, that is, the Additional District Commissioner, Kamrup was appointed as the Competent Authority Land Acquisition [CALA] under Section 3[a] of the NH Act. 4. After completion of the process of issuance of a notification under Section 3A [1] of the NH Act; hearing objections received; and upon receipt of the Report from the Competent Authority Land Acquisition [CALA] under sub- section [1] of Section 3D of the NH Act; the Central Government decided about the parcels of land to be acquired for the purpose of the Project. Thereafter, a notification was issued under sub-section [2] of Section 3D of the NH Act declaring that the parcels of land specified in the Schedule therein had 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 were mentioned. 5. In the process of such land acquisition for the Project, the subject-property belonging to Sabitri Bala Das and subsequently, inherited by the two petitioners, covered by Dag no. 400 & Patta no. 108, came to be acquired. On 29.09.2023, the respondent no. 7 in his capacity as Competent Authority Land Acquisition [CALA] issued a notice in the name of Sabitri Bala Das under Section 3E of the NH Act whereby it was informed that for the subject-property, an amount of Rs. 13,34,852/- had been assessed towards compensation. By the Notice, the noticee was asked to receive the said land / zirat compensation amount against the subject-property by submitting requisite documents before the Circle Officer, Chayygaon Revenue Circle for enabling the MoRT&H, GoI to take over possession of the subject-property. 6. On receipt of the said Notice, the petitioners came to learn about the amount of zirat compensation assessed for the structures standing on the subject-property. Being dissatisfied with the quantum of zirat compensation so assessed, the petitioners submitted a Representation before the respondent no. 6 on 08.11.2023 seeking re-assessment and re-fixation of the valuation for the structures standing on the subject-property, which has already been acquired and vested in the Central Government. As no response was received, pursuant to the Representation dated 08.11.2023, the petitioners submitted another Representation on 13.12.2023. 7. Subsequently, a Meeting of the Circle Officers of Boko, Chayygaon and Palashbari Revenue Circles was convened to deliberate on the complaints received from a number of houseowners / landowners in connection with the Project and as per the discussion held in the Meeting, the structures of the complainant houseowners were re-verified and on such re-verification, nine number of estimates – prepared and submitted earlier – were found to be incorrect due to oversight in measurements. Thereafter, the respondent no. 9 submitted a revised estimate for the said nine structures including the subject-property, which was identified as STC 91 therein, to the respondent no. 7 by a Communication dated 22.12.2023. By the said Office Letter dated 22.12.2023, the respondent no. 9 had inter-alia conveyed that the corrected / official estimated value for the structures standing on the subject-property should have been Rs. 25,01,206/- instead of the original estimated value of Rs. 6,67,426/-. Therefore, an additional amount of Rs. 18,33,780/- would be admissible to the petitioners. The respondent no. 9 also submitted the estimate for re-fixation of valuation of the structures for the subject- property [STC 91] to the respondent no. 7 on 18.09.2024 with a justification report for the revised estimate for necessary action. 8. On receipt of the afore-mentioned Office Letter and the Report from the respondent no. 9, the respondent no. 7 forwarded the same to the respondent no. 5 on 26.08.2025 for his necessary action. After the afore- mentioned correspondences, the petitioners submitted a Representation before the respondent no. 7 on 01.11.2025 seeking release of the additional amount of Rs. 18,33,780/- estimated for the structures standing on the subject-property towards zirat compensation. Having received no response to the said Representation, the petitioners have approached this Court by the present writ petition seeking inter alia a direction to release the re- assessed amount of Rs. 25,01,206/- including additional amount of Rs. Page 8 of 14 18,33,780/-, assessed by the respondent no. 9, against the structures standing on the subject-property towards zirat compensation, over and above the original estimated amount for the said structures at Rs. 6,67,426/-. 9. The contention of the petitioners that they are entitled to receive the amount of Rs. 25,01,206/- has been traversed by the respondent no. 7 in his affidavit-in-opposition. It has been averred in the affidavit-in-opposition of the respondent no. 7 who was the Competent Authority Land Acquisition [CALA] for the Project, to the effect that the Compensation amount determined by him under Section 3G[1] of the NH Act was declared on 14.07.2023, based on valuation of the affected structures made by the Public Works [Building] Department, Government of Assam and valuation of trees by the Department of Forest [Horticulture] and the Department of Agriculture of the Government of Assam. It is stated that a joint site verification was done with the stakeholders and a field report was prepared. Before declaring compensation under Section 3G, NH Act, a public notice was published on 06.07.2023 in two newspapers. The amount of compensation assessed under Section 3G was thereafter, approved by the requiring authority. After determination of the compensation amount by an order by him passed under Section 3G[1], the compensation amount had been deposited with him as per Section 3H[1] of the NH Act on 11.09.2023 for disbursement under Section 3H[2] of the NH Act to the beneficiaries. 10. As per the provisions of the NH Act, on publication of the declaration under sub-section [1] of Section 3D, the parcels of land mentioned in the declaration stand vested absolutely in the Central Government free from all encumbrances under Section 3D[2], NH Act on and from the date of publication of the Notification in that connection in the Official Gazette. Page 9 of 14 When any land is acquired under the NH Act, the Competent Authority Land Acquisition [CALA] is required to determine the compensation amount under Section 3G[1] for the acquired land. It is the mandate under Section 3H[1] for deposit of the amount determined under Section 3G[1] by the Central Government with the Competent Authority Land Acquisition [CALA] before taking possession of the acquired land. Section 3H[2], NH Act has prescribed that as soon as may be after the amount has been deposited under sub-section [1] of Section 3H, the Competent Authority Land Acquisition [CALA] shall on behalf of the Central Government pay the amount to the person or persons entitled thereto. 11. It is after compliance of the above procedure, the acquiring authority derives the right to take possession of the acquired land and in that connection, Section 3E is of relevance. As per sub-section [1] of Section 3E where any land has been vested in the Central Government under Section 3D[2] and the amount determined by the Competent Authority Land Acquisition [CALA] under Section 3G[1] with respect to such land has been deposited under Section 3H[1] with the Competent Authority Land Acquisition [CALA] by the Central Government, the Competent Authority Land Acquisition [CALA] may by notice in writing direct the owner as well as any other person who may be in possession of such land to surrender or deliver possession thereof to the Competent Authority Land Acquisition [CALA] or any person duly authorised by it in this behalf within sixty days of the service of the notice. 12. From the materials on record and as averred in the affidavit-in-opposition of the respondent no. 7, it is evident that the Notice dated 29.09.2023 was issued only after completion of the procedure laid down in Section 3D[2], Section 3G[1] and Section 3H[1] of the NH Act to the landowner to receive the amount determined by the Competent Authority Land Acquisition [CALA] under Section 3G[1]. As per the notice, the amount of compensation determined for the subject-property including the structures is Rs. 13,34,852/- for the land and zirat. 13. The initiation by the petitioners for additional compensation was made only from 08.11.2023 onwards, that is, after the Notice dated 29.09.2023 was issued from the respondent no. 7 as the Competent Authority Land Acquisition [CALA] to receive the compensation amount assessed and to enable the acquiring authority to take over possession of the acquired subject-property. 14. In the exercise undertaken subsequent to the Representation of the petitioner, the respondent no. 9 upon re-verification had found that for the structures standing on the subject-property, the petitioners would be entitled to receive a total amount of Rs. 25,01,206/- which comprised of two components, Rs. 6,67,426/- as the original estimated value and Rs. 18,33,780/- as the additional amount. The issue which has arisen therefore, is whether the Competent Authority Land Acquisition [CALA], after his determination of the compensation amount payable under Section 3G[1] on 14.07.2023, can proceed further to make further Award to consider payment of additional amount so estimated by the respondent no. 9 for the structures standing at the instance of authorities, other than him. 15. The petitioners have contended, on the basis of the subsequent estimates prepared by the respondent no. 9, that an amount assessed towards zirat compensation for the structures standing on the subject-property is inadequate. In the aforesaid Representation submitted by the petitioners, the petitioners had raised grievance against the zirat compensation assessed for the structures standing on the subject-property and not against the compensation assessed for the plot of land. 16. It has been contended on behalf of the respondent no 7 that the respondent no. 6, that is, the District Commissioner, Kamrup had no jurisdiction to direct for re-assessment and re-fixation of the valuations made under the NH Act and similarly, the Circle Officer, Chayygaon Revenue Circle also had no jurisdiction of his own for re-assessment and re- fixation of the valuations made under the NH Act. Yet, the said two authorities had received the Representations from the petitioners and had proceeded for re-verification and re-assessment of the valuations of the structures standing on the subject-property through the authorities in the Public Works [Building] Department, that is, the respondent no. 9. It is further contended on behalf of the respondent no. 7 that as he as the Competent Authority Land Acquisition [CALA] for the Project had not issued any direction for re-assessment and re-fixation of the structures standing on the subject-property, the subsequent re-assessment or revised estimate prepared by the respondent no. 9 on the instructions of the respondent no. 6 and the jurisdictional Circle Officer is beyond the scope of the statutory process contemplated in the NH Act, 1956. 17. The contention advanced on behalf of the respondent no. 7 that the process of re-verification, re-assessment or revised estimate prepared subsequent to the determination of the compensation amount by the Competent Authority Land Acquisition [CALA] on 14.07.2023 finds support from the provisions of the NH Act. The process of such re-verification, re-assessment and revised estimate, etc. for the structures standing on the subject-property was initiated by the respondent no. 6 and the jurisdictional Circle Officer through the authorities in the Public Works [Building] Department, Government of Assam, that is, the respondent no. 9. Any such power, authority and jurisdiction is not traceable to the provisions of the NH Act. Therefore, it cannot be made relatable to any provisions of the NH Act, 1956. Neither the respondent no. 6 nor the jurisdictional Circle Officer was vested with any role under the NH Act. The Additional District Commissioner is an official of the State Government. However, on his appointment as the Competent Authority under Section 3[a] of the NH Act for the Project, his actions in relation to the Project is as an authority of the Central Government. There is no involvement of the statutorily appointed authority, that is, the Competent Authority Land Acquisition [CALA] which is the respondent no. 7, in the entire process of re-verification and re-assessment of the subject- property and the submission of revised estimate of Rs. 25,01,206/-. 18. It is the submission of the learned Senior Counsel appearing for the petitioners that the petitioners have neither received the compensation assessed towards the plot of land nor the compensation assessed towards zirat till date. It is contended on behalf of the petitioners that the amount assessed towards the plot of land as well as the zirat compensation assessed for the structures are not adequate and the amounts so assessed require enhancement and therefore, not acceptable to the petitioner. Such contention regarding enhanced entitlement of enhanced compensation is not to be agitated in a writ petition preferred under Article 226 of the Constitution of India. 19. In view of the above fact situation obtaining in the case in hand, this court is of the unhesitant view that a direction to the respondent authorities to release the re-assessed zirat compensation amount of Rs. 25,01,206/- along with solatium and interest, as sought for in this writ petition, is not called for as it is not determined by the Competent Authority Land Acquisition [CALA] in terms of Section 3G[1] of the NH Act. As the grievance of the petitioners still pertains to inadequacy of the compensation amount determined by the Competent Authority Land Acquisition [CALA] at Rs. 13,34,852/-, such issue can be raised by the petitioners as the beneficiaries before, and the same can be considered by, an Arbitrator appointed under Section 3G[5] of the NH Act, 1956. As per sub-section [5] of Section 3G, if the amount determined by the Competent Authority under sub-section [1] is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the Arbitrator to be appointed by the Central Government. 20. It is submitted at the Bar that by an Order dated 06.03.2025, the Revenue & Disaster Management Department, Government of Assam, pursuant to a Notification no. S.O.4606[E] dated 22.10.2024 of the MoRT&H, GoI, has appointed Smti. Meenakshi Das Nath, ACS, Secretary to the Government of Assam, Revenue & Disaster Management Department to function as the Arbitrator appointed under sub-section [5] of Section 3G of the NH Act with immediate effect and until further orders and the said Order dated 06.03.2025 is still in currency. 21. It is, therefore, observed that if the petitioners are desirous of filing an application seeking enhancement of the compensation amount, they can file the application before the afore-mentioned Arbitrator at the earliest. It is further observed that in the event any such application is preferred by the petitioner before the Arbitrator so appointed, the Arbitrator shall consider and dispose of the application as expeditiously as possible. 22. In the event of filling of such an application by the petitioners, the official respondents who are in custody and possession of the relevant records of land acquisition in respect of the subject-property belonging to the petitioners and for the National Highway Project under reference, shall transmit the relevant records to the office of the Arbitrator so as to facilitate the Arbitrator to dispose of the application by taking into consideration the factors delineated in sub-section [7] of Section 3G and following the procedure mentioned in sub-section [6] of Section 3G of the NH Act in an expeditious manner. 23. The petitioners are also at liberty to receive the amount of Rs. 13,34,852/-, which has already been assessed by the Competent Authority Land Acquisition [CALA] under Section 3G[1], under protest, as the petitioners have canvassed that they are in need of the said amount. If such an application is filed by the petitioner, the Competent Authority Land Acquisition [CALA] shall release the said amount at the earliest, as the Notice in that connection had already been issued by him as far back as on 29.09.2023. 24. With the observations made and directions given above, the writ petition is disposed of. There shall, however, be no order as to cost. JUDGE Comparing Assistant Digitally signed by Rupam Basumatary Date: 2026.08.01 15:27:07 +05'30'