Page No.# 1/8 GAHC010001512026 2026:GAU-AS:1754 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/602/2026 SRI RATNA KANTA NATH and othrs SON OF LATE KUSHARAM NATH, RESIDENT OF VILLAGE- BORNOTA, P.O. NAHARBARI, P.S.-JAMUGURI, DISTRICT-SONITPUR, ASSAM, PIN-784182 2: SRI DHARMA KANTA NATH SON OF LATE LAKHIRAM NATH RESIDENT OF VILLAGE- CHAMDHARA P.O. NAHARBARI P.S. JAMUGURI DISTRICT-SONITPUR ASSAM PIN784182 3: SRI UTPAL JADAB SON OF JAGANNATH YADAV RESIDENT OF VILLAGE- CHAMDHARA P.O. NAHARBARI P.S. JAMUGURI DISTRICT-SONITPUR ASSAM PIN784182 4: SRI BADAN NATH SON OF LATE BHOLOW NATH RESIDENT OF VILLAGE- CHAMDHARA PANIGAON P.O. NAHARBARI P.S. JAMUGURI DISTRICT-SONITPUR ASSAM PIN-784182 5: SRI MADAN NATH SON OF KALIRAM NATH ALIAS KALIA NATH RESIDENT OF VILLAGE- CHAMDHARA P.O. NAHARBARI P.S. JAMUGURI Page No.# 2/8 DISTRICT-SONITPUR ASSAM PIN784182 6: SRI MARUT NATH SON OF BANESHWAR NATH RESIDENT OF VILLAGE- CHAMDHARA PANIGAON P.O. NAHARBARI P.S. JAMUGURI DISTRICT-SONITPUR ASSAM PIN-784182 7: SRI RATNESWAR NATH SON OF KHARGESWAR NATH RESIDENT OF VILLAGE- CHAMDHARA PANIGAON P.O. NAHARBARI P.S. JAMUGURI DISTRICT-SONITPUR ASSAM PIN-784182 8: SRI ANANTA BHUYAN SON OF MINARAM BHUYAN PHUKAN KEOT RESIDENT OF VILLAGE- CHAMDHARA PANIGAON P.O. NAHARBARI P.S. JAMUGURI DISTRICT-SONITPUR 9: SRI SHYAMLAL KOIREE SON OF RAMBADAN KOIREE RESIDENT OF VILLAGE- CHAMDHARA PANIGAON P.O. NAHARBARI P.S. JAMUGURI DISTRICT-SONITPUR ASSAM PIN-784182 10: SRI JOGEN NATH SON OF LATE LAKHIRAM NATH RESIDENT OF VILLAGE- CHAMDHARA PANIGAON P.O. NAHARBARI P.S. JAMUGURI DISTRICT-SONITPUR ASSAM PIN-784182 11: SRI PURNA KANTA NATH Page No.# 3/8 SON OF BHUBAN NATH RESIDENT OF VILLAGE- CHAMDHARA PANIGAON P.O. NAHARBARI P.S. JAMUGURI DISTRICT-SONITPUR ASSAM PIN-784182 12: SRI TAPAN NATH SON OF LATE MINARAM NATH RESIDENT OF VILLAGE- NAHARBARI P.O.- BAKOLA P.S. JAMUGURI DISTRICT-SONITPUR ASSAM PIN784182 13: SRI MAHANANDA NATH SON OF LATE GUNARAM NATH RESIDENT OF VILLAGE- CHAMDHARA PANIGAON P.O. NAHARBARI P.S. JAMUGURI DISTRICT-SONITPUR ASSAM PIN-784182 14: SRI RUNU BORAH SON OF LATE NAGEN BORAH RESIDENT OF VILLAGE- CHAMDHARA PANIGAON P.O. NAHARBARI P.S. JAMUGURI DISTRICT-SONITPUR ASSAM PIN-784182 15: SRI MAHENDRA NATH SON OF LATE MADHARAM NATH RESIDENT OF VILLAGE- CHAMDHARA PANIGAON P.O. NAHARBARI P.S. JAMUGURI DISTRICT-SONITPUR ASSAM PIN-784182 16: SRI MINARAM BHUYAN SON OF LATE PUNARAM BHUYAN RESIDENT OF VILLAGE- CHAMDHARA PANIGAON P.O. NAHARBARI P.S. JAMUGURI Page No.# 4/8 DISTRICT-SONITPUR ASSAM PIN-784182. 17: SMT TUSHESWARI DEVI W/O- LATE LOKESWAR NATH RESIDENT OF VILLAGE- CHAMDHARA PANIGAON P.O. NAHARBARI P.S. JAMUGURI DISTRICT-SONITPUR ASSAM PIN-784182. 18: SRI CHANDRA KANTA SAIKIA SON OF LATE BHABIRAM SAIKIA RESIDENT OF VILLAGE- CHAMDHARA P.O. NAHARBARI P.S. JAMUGURI DISTRICT-SONITPUR ASSAM PIN78418 VERSUS THE STATE OF ASSAM AND OTHRS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND D.M. DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND D.M. DEPARTMENT DISPUR GUWAHATI-6. 3:THE DISTRICT COMMISSIONER CUM COLLECTOR SONITPUR TEZPUR DISTRICT-SONITPUR ASSAM PIN 4:THE COMPETENT AUTHORITY CUM ADDITIONAL DEPUTY COMMISSIONER CALA LAND ACQUISITION SONITPUR TEZPUR DISTRICT-SONITPUR Page No.# 5/8 ASSAM PIN 5:THE CIRCLE OFFICER NA-DUAR REVENUE CIRCLE DISTRICT-SONITPUR ASSAM PIN 6:THE NATIONAL HIGHWAY AUTHORITY OF INDIA REPRESENTED BY CHIEF GENERAL MANAGER SECTOR-10 DWARKA NEW DELHI-110075. 7:THE CHIEF GENERAL MANAGER NATIONAL HIGHWAY AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 3RD FLOOR PTI BUILDING 4-PARLIAMENT STREET NEW DELHI-110001. 8:THE SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVERNMENT OF INDIA TRANSPORT BHAWAN 1 PARLIAMENT STREET NEW DELHI-110001 For the petitioner (s) : Mr. N. Borah, Advocate For the respondent (s) : Ms. G. Hazarika, Advocate Mr. B. J. Talukdar, Advocate Mrs. R. Borah, Advocate Page No.# 6/8 BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 09.02.2026 Heard Mr. N. Borah, the learned counsel appearing on behalf of the petitioners. Ms. G. Hazarika, the learned counsel appears on behalf of the respondent Nos.1 & 2; Mr. B. J. Talukdar, the learned counsel appears on behalf of the respondent Nos.3, 4 & 5 and Mrs. R. Borah, the learned counsel appears on behalf of the respondent Nos.6, 7 & 8. 2. The petitioners herein are aggrieved by the Award dated 26.09.2025 by the Arbitrator-cum-Secretary to the Government of Assam, Revenue and Disaster Management Department whereby the Award has been passed for enhancement of the zonal valuation of the land of 2020-21 by an increment of 20%. 3. The learned counsel appearing on behalf of the petitioners submitted that in view of the judgment of the Supreme Court in the case of National Highways Authority of India vs. P. Nagaraju alias Cheluvaiah and Another, reported in (2022) 15 SCC 1, the provisions of Sections 26 to 30 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, ‘the Act of 2013’) are applicable while determining the value of the land in terms with Page No.# 7/8 Section 3G(7) of the National Highways Act, 1956. He submitted that in that view of the matter, the zonal value fixation of the land could not at all have been taken into consideration in as much as when sale deeds/agreements for sale were available, it was the incumbent duty of the learned Arbitrator to consider the highest exemplar in terms with Section 26(1) of the Act of 2013 rather than applying 26(3) of the Act of 2013, which under no circumstances could have been applicable. 4. This Court enquired with the learned counsel appearing on behalf of the petitioners that the petitioners herein have an alternative and efficacious remedy in terms with Section 34 of the Arbitration and Conciliation Act, 1996, more so taking into account that in terms with Section 3G(5) of the National Highways Act, 1956, the Award is an Award in terms with the Arbitration and Conciliation Act, 1996. The learned counsel submitted that on account of mistaken advice, the petitioners have approached this Court and rather the petitioners would be well advised to file an application under Section 34 of the Arbitration and Conciliation Act, 1996 challenging the Award dated 26.09.2025 passed in Appeal No.18/2022. The learned counsel also submitted that as the petitioners have been bonafidely litigating in the present proceedings, the period from the date the present petition has been pending before this Court Page No.# 8/8 be excluded while computing the period of limitation. 5. Taking into account the above, this Court closes the writ petition on withdrawal with a further liberty to approach the Court in terms with Section 34 of the Arbitration and Conciliation Act, 1996. 6. This Court further observes that taking into account that the petitioners have on mistaken advice approached this Court, the period from 05.01.2026 till date, be excluded while computing the period of limitation for filing the application under Section 34 of the Arbitration and Conciliation Act, 1996. JUDGE Comparing Assistant