Page No.# 1/5 GAHC010013132026 2026:GAU-AS:2447 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/832/2026 SRI MUZID ALI S/O- LATE ABDUL RAHIM, R/O- VILL.- JAPIHOJIA, P.O.- RAJMAI, P.S. -DEMOW, DIST.- SIVASAGAR, ASSAM, PIN- 785672. VERSUS THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAWAN, 1, PARLIAMENT STREET, NEW DELHI -1. 2:THE NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR 1ST AND 2ND FLOOR TOWER A WORLD TRADE CENTRE NAUROJI NAGAR NEW DELHI-110029. 3:THE DISTRICT COMMISSIONER SIVSAGAR ASSAM. 4:THE ADDITIONAL DISTRICT COMMISSIONER CUM COMPETENT AUTHORITY UNDER THE NATIONAL HIGHWAY ACT 1956 SIVASAGAR ASSAM. Page No.# 2/5 5:THE EXECUTIVE ENGINEER SIVASAGAR DISTRICT TERRITORIAL BUILDING DIVISION PUBLIC WORKS DEPARTMENT SIVASAGAR ASSAM. 6:THE ASSISTANT EXECUTIVE ENGINEER SIVASAGAR DISTRICT TERRITORIAL BUILDING DIVISION PUBLIC WORKS DEPARTMENT SIVASAGAR ASSAM For the Petitioner(s) : Mr. S. Dey, Advocate For the Respondent(s) : Ms. A. Gayan, CGC Mr. S.S. Roy, Govt. Advocate Mr. B. Choudhury, Standing Counsel Mr. R.K. Talukdar, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 18.02.2026 Heard Mr. S. Dey, the learned counsel appearing on behalf of the petitioner. Ms. A. Gayan, the learned CGC appears on behalf of the respondent No. 1; Mr. R.K. Talukdar, the learned Standing Counsel appears on behalf of the respondent No. 2; Mr. S.S. Roy, the learned Government Advocate appears on behalf of the respondent Nos. 3 and 4 and Mr. B. Choudhury, the learned Page No.# 3/5 Standing Counsel appears on behalf of the respondent Nos. 5 and 6. 2. The present writ petition has been filed by the petitioner being aggrieved by the inaction on the part of the Competent Authority in not making a reference in terms with Section 3G(5) of the National Highways Act, 1956. 3. It is the case of the petitioner that pursuant to a proceeding initiated for land acquisition under the National Highways Act, 1956, a portion of the petitioner’s land covered by Dag No. 697 of Periodic Patta No. 233 at Village Japihojia under Thowra Mouza, Demow Revenue Circle in the district of Sivasagar was acquired. It is the further case of the petitioner that an amount of Rs. 6,33,734/- has been determined as compensation payable by the Competent Authority. It is also the case of the petitioner that the loss and damage to the RCC building has not been properly determined. It is under such circumstances, the petitioner being aggrieved had submitted an application on 14.10.2025. However, the records do not reveal that the said application was received or served upon the Competent Authority. 4. On the other hand, Mr. S. Dey, the learned counsel appearing on behalf of the petitioner submitted that in addition Page No.# 4/5 to the said application filed on 14.10.2025, the petitioner also submitted another representation to the Deputy Commissioner, Sivasagar on 30.09.2024. 5. It is the opinion of this Court that in view of Section 3(a) of the National Highways Act, 1956, the Competent Authority is notified by the Central Government. Any application seeking reference under Section 3G(5) of the National Highways Act, 1956 has to be filed only before the Competent Authority for land acquisition and not before the District Commissioner, Sivasagar. 6. Taking into account that there is no receipt of the application dated 14.10.2025 filed by the petitioner showing that the petitioner has served such application to the Competent Authority, this Court is not inclined to entertain the instant writ petition. 7. Accordingly, the instant writ petition stands dismissed. 8. Liberty, however, is given to the petitioner to submit an application within 15 days from today, if the petitioner is aggrieved by the inadequacy of the compensation under Section 3G(5) of the National Highways Act, 1956, before the Competent Authority for land acquisition. 9. It is further observed that in the circumstance such Page No.# 5/5 application is filed, the Competent Authority for land acquisition would be required to make a reference before the Arbitrator, as mandated under the National Highways Act, 1956. JUDGE Comparing Assistant