Page No.# 1/5 GAHC010176172026 2026:GAU-AS:13170 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4512/2026 MAKBUL HUSSAIN BARBHUIYA AND 7 ORS SON OF LATE ABDUL JALIL BARBHUIYA, AGED ABOUT 55 YEARS, VILLAGE KASHIPUR PART II, P.O. KASHIPUR,P.S. SILCHAR, DISTRICT CACHAR, ASSAM 2: MUNNA SODIAL SON OF LATE MERAB ALI SODIAL VILLAGE/P.O. MODHURBOND P.S. SILCHAR DISTRICT- CACHAR ASSAM 3: KAMRUL HUSSAIN BARBHUIYA SON OF LATE ABDUL JALIL BARBHUIYA VILLAGE KASHIPUR PART II P.O. KASHIPUR P.S. SILCHAR DISTRICT CACHAR ASSAM 4: ANJAL HUSSAIN BARLASKAR SON OF NUR AHMED BARLASKAR VILLAGE BAHADURPUR RONGPUR PART II P.O. RONGPUR P.S. UDHARBOND DISTRICT- CACHAR ASSAM 5: DILBAHAR HUSSAIN CHOUDHURY SON OF LATE AMIN ALI CHOUDHURY VILLAGE KASHIPUR PART II P.O. KASHIPUR P.S. SILCHAR DISTRICT CACHAR ASSAM 6: RAJAN UDDIN MAZUMDER Page No.# 2/5 SON OF HARIS ALI MAZUMDER VILLAGE KASHIPUR PART I P.O. KASHIPUR P.S. SILCHAR DISTRICT- CACHAR ASSAM 7: JIAUR RAHMAN BARBHUIYA SON OF LATE ABDUL MATIN BARBHUIYA VILLAGE KASHIPUR PART II P.O. KASHIPUR P.S. SILCHAR DISTRICT CACHAR ASSAM 8: AHAD HUSSAIN LASKAR SON OF NASIR UDDIN LASKAR VILLAGE KASHIPUR PART II P.O. KASHIPUR P.S. SILCHAR DISTRICT- CACHAR ASSA VERSUS THE UNION OF INDIA AND 7 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAWAN 1, PARLIAMENT STREET, NEW DELHI 110001 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI 6 3:THE COMMISSIONER OF PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT PANJABARI GUWAHATI 37 4:THE DISTRICT COMMISSIONER AND COMPETENT AUTHORITY OF LAND ACQUISITION CACHAR SILCHAR 5:THE ADDITIONAL DISTRICT COMMISSIONER AND COMPETENT AUTHORITY OF LAND ACQUISITION CACHAR SILCHAR 6:THE NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD (NHIDCL) REPRESENTED BY THE DEPUTY GENERAL MANAGER Page No.# 3/5 NHIDCL CACHAR SILCHAR 7:THE ASSISTANT SETTLEMENT OFFICER SADAR REVENUE CIRCLE SILCHAR CACHAR 8:THE SECRETARY KASHIPUR GAON PANCHAYAT VILLAGE KASHIPUR P.O. KASHIPUR DISTRICT CACHAR ASSAM PIN 78800 For the Petitioner(s) : Mr. F.U. Barbhuiya, Advocate For the Respondent(s) : Mr. K. Sarma, CGC Mr. N. Goswami, Govt. Advocate Ms. N. Borah, Standing Counsel Mr. R.K. Talukdar, Standing Counsel Ms. G. Hazarika, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 09.09.2026 Heard Mr. F.U. Barbhuiya, the learned counsel appearing on behalf of the petitioners. Mr. K. Sarma, the learned CGC appears on behalf of the respondent No. 1; Ms. G. Hazarika, learned Standing Counsel appears on behalf of the respondent No. 2; Ms. N. Borah, the learned Standing Counsel appears on behalf of the respondent Nos. 3 and 8; Mr. N. Goswami, the learned Page No.# 4/5 Government Advocate appears on behalf of the respondent Nos. 4, 5 and 7; and Mr. R.K. Talukdar, the learned Standing Counsel appears on behalf of the respondent No. 6. 2. The petitioners herein are aggrieved by the determination of compensation in terms with Section 3G(1) of the National Highways Act, 1956 by the respondent No. 5 who is the Competent Authority for Land Acquisition without taking into account the value of the houses and other immovable properties standing on the land. 3. It is the opinion of this Court that the petitioners have an alternative and efficacious remedy in terms with Section 3G(5) of the National Highways Act, 1956 and as such, this is not a fit case in which this Court should entertain the writ petition by issuing notice. 4. Accordingly, the instant writ petition stands dismissed. 5. It is, however, made clear that the instant writ petition is dismissed on the ground that the same is not being entertained in view of the availability of an alternative and efficacious remedy. 6. The dismissal of the writ petition shall not prejudice or preclude the petitioners from seeking a reference in terms with Section 3G(5) of the National Highways Act, 1956 before the Page No.# 5/5 learned Arbitrator. 7. It is relevant to take note of that the learned Arbitrator shall consider the same within the purview of Section 3G(7) of the National Highways Act, 1956 read with Sections 26 to 30 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and also keeping in mind the observations of the Supreme Court in the case of National Highways Authority of India Vs. P. Nagaraju @ Cheluvaiah & Another reported in (2022) 15 SCC 1. JUDGE Comparing Assistant