Page No.# 1/9 GAHC010093492025 2026:GAU-AS:5030 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2352/2025 BABUL DAS AND 39 OTHERS S/O LT SUSHIL CHANDRA DAS RESIDENT OF NARAINPUR PART-5, PO, PS AND DISTRICT- HAILAKANDI, ASSAM 2: NIREN DAS S/O LT NANDALAL DAS RESIDENT OF NARAINPUR PART-5 PO PS AND DISTRICT- HAILAKANDI ASSAM 3: SHILPI DAS D/O LT NRIPENDRA CHANDRA DAS RESIDENT OF NARAINPUR PART-5 PO PS AND DISTRICT- HAILAKANDI ASSAM 4: BIRENDRA KUMAR DAS S/O LT BIPINE KUMAR DAS RESIDENT OF NARAINPUR PART-5 PO PS AND DISTRICT- HAILAKANDI ASSAM 5: NITISH RANJAN DAS S/O NANDALAL DAS RESIDENT OF NARAINPUR PART-5 PO PS AND DISTRICT- HAILAKANDI ASSAM 6: MADUMITA DAS W/O LT NILANKA DAS RESIDENT OF NARAINPUR PART-5 Page No.# 2/9 PO PS AND DISTRICT- HAILAKANDI ASSAM 7: LAXMI DAS S/O NIKHIL DAS RESIDENT OF NARAINPUR PART-5 PO PS AND DISTRICT- HAILAKANDI ASSAM 8: CHARITRA MOHAN DAS S/O LT CHITTARANJAN DAS RESIDENT OF NARAINPUR PART-5 PO PS AND DISTRICT- HAILAKANDI ASSAM 9: ANAM UDDIN BARBHUIYA S/O LT JULUP DEBENDRA CHANDRA NATH RESIDENT OF NARAINPUR PART-5 PO PS AND DISTRICT- HAILAKANDI ASSAM 10: BINAY NATH S/O LT DEVENDRA CHANDRA NATH RESIDENT OF NARAINPUR PART-5 PO PS AND DISTRICT- HAILAKANDI ASSAM 11: BIGIT NATH S/O LT ANIL NATH RESIDENT OF NARAINPUR PART-5 PO PS AND DISTRICT- HAILAKANDI ASSAM 12: SUSHUMA DAS W/O LT CHINULAL DAS RESIDENT OF NARAINPUR PART-5 PO PS AND DISTRICT- HAILAKANDI ASSAM 13: SWAPAN KUMAR NATH Page No.# 3/9 S/O LT PRATAP CHANDRA NATH RESIDENT OF NARAINPUR PART-5 PO PS AND DISTRICT- HAILAKANDI ASSAM 14: PUILEE RANI NATH D/O FULU RANI NATH RESIDENT OF NARAINPUR PART-5 PO PS AND DISTRICT- HAILAKANDI ASSAM 15: KULENDRA CHANDRA DAS S/O LT MONORANJAN DAS RESIDENT OF NARAINPUR PART-5 PO PS AND DISTRICT- HAILAKANDI ASSAM 16: NIRMAL CHANDRA DAS S/O LT LALIT MAHAN DAS RESIDENT OF NARAINPUR PART-5 PO PS AND DISTRICT- HAILAKANDI ASSAM 17: PARIMAL DAS S/O LT LALIT MAHAN DAS RESIDENT OF NARAINPUR PART-5 PO PS AND DISTRICT- HAILAKANDI ASSAM 18: BIMAL CHANDRA DAS S/O LT LALIT MAHAN DAS RESIDENT OF NARAINPUR PART-5 PO PS AND DISTRICT- HAILAKANDI ASSAM 19: BIJAY CHANDRA DAS S/O LT LALIT MAHAN DAS RESIDENT OF NARAINPUR PART-5 PO PS AND DISTRICT- HAILAKANDI ASSAM Page No.# 4/9 20: RITA DAS W/O BLT DILIP DAS RESIDENT OF NARAINPUR PART-5 PO PS AND DISTRICT- HAILAKANDI ASSAM 21: BANU LAL DAS S/O LT KUMUD CHANDR DAS RESIDENT OF NARAINPUR PART-5 PO PS AND DISTRICT- HAILAKANDI ASSAM 22: BIJAY NATH S/O LT DEVENDRA NATH RESIDENT OF NARAINPUR PART-5 PO PS AND DISTRICT- HAILAKANDI ASSAM 23: HAMENDRA CHANDRA DAS S/O LT ANANDA CHANDDRA DAS RESIDENT OF NARAINPUR PART-5 PO PS AND DISTRICT- HAILAKANDI ASSAM 24: ABDUL MOTIN BARBHUIYA S/O LT BSHIR UDDIN BARBHUIYA RESIDENT OF NARAINPUR PART-5 PO PS AND DISTRICT- HAILAKANDI ASSAM 25: DIPANKAR DAS S/O LT DHIRENDRA CHANDRA DAS RESIDENT OF NARAINPUR TUPKHANA PO PS AND DISTRICT- HAILAKANDI ASSAM 26: JOBA RANI DAS W/O LT BINODE BIHARI DAS RESIDENT OF NARAINPUR TUPKHANA PO PS AND DISTRICT- HAILAKANDI ASSAM Page No.# 5/9 27: SIBON DAS S/O LT JOTISH DAS RESIDENT OF NARAINPUR TUPKHANA PO PS AND DISTRICT- HAILAKANDI ASSAM 28: CHANCHAL DAS S/O LT SUSHIL CHANDRA DAS RESIDENT OF NARAINPUR TUPKHANA PO PS AND DISTRICT- HAILAKANDI ASSAM 29: HIRESH DAS S/O LTY SUSHANTE DAS RESIDENT OF NARAINPUR TUPKHANA PO PS AND DISTRICT- HAILAKANDI ASSAM 30: MITA RANI DAS D/O LT BASANTI DAS RESIDENT OF NARAINPUR TUPKHANA PO PS AND DISTRICT- HAILAKANDI ASSAM 31: RAKESH CHANDRA DAS S/O LT LALIT MOHAN DAS RESIDENT OF NARAINPUR TUPKHANA PO PS AND DISTRICT- HAILAKANDI ASSAM 32: ABDUL HANNAN TARAFDAR S/O LT MOSHID ALI TARAFDAR RESIDENT OF NARAINPUR PART 3 PO PS AND DISTRICT- HAILAKANDI ASSAM 33: ABDUL RASHID LASKAR S/O LT SURUJ ALI LASKAR RESIDENT OF NARAINPUR PART 3 PO PS AND DISTRICT- HAILAKANDI ASSAM 34: JALIL AHMED LASKAR S/O LT MOTI LAL LASKAR RESIDENT OF NARAINPUR PART 3 PO PS AND DISTRICT- HAILAKANDI ASSAM Page No.# 6/9 35: KABARUN NESSA SODIAL W/O LT ABDUL SAMAD SODIAL RESIDENT OF NARAINPUR PART 3 PO PS AND DISTRICT- HAILAKANDI ASSAM 36: FAYZUL HAQUE SODIAL S/O LT ABDUR NUR SODIAL RESIDENT OF NARAINPUR PART 3 PO PS AND DISTRICT- HAILAKANDI ASSAM 37: FAKRUL ISLAM LASKAR S/O LT SIRAJ UDDIN LASKAR RESIDENT OF NARAINPUR PART 3 PO PS AND DISTRICT- HAILAKANDI ASSAM 38: SAMSUL HAQUE CHOUDHURY S/O LT HABIB ALI CHOUDHURY RESIDENT OF NARAINPUR PART 3 PO PS AND DISTRICT- HAILAKANDI ASSAM 39: SAMSUDDIN BARBHUIYA S/O LT NUR UDDIN BARBHUIYA R/O GANGPAR DHUMKHAR PART 3 PO PS AND DIST HAILAKANDI ASSA VERSUS UNION OF INDIA AND 3 OTHERS REP BY THE SECRETARY TO THE GOVT OF INDIA, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,TRANSPORT BHAWAN 1 PARLIAMENT STREET NEW DELHI 110001 2:THE STATE OF ASSAM REPREENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF PUBLIC WORKS DEPARTMENT (BUILDING AND NH) ASSAM SECRETARIAT DISPUR GUWAHATI ASSAM. 3:THE DISTRICT COMMISSIONER HAILAKANDI P.O. AND P.S.-HAILAKANDI ASSAM Page No.# 7/9 4:THE CHIEF ENGINEER PWD (NH WORKS) ASSAM CHANDMARI GUWAHATI-781003 KAMRUP METRO ASSA Advocate for the Petitioner : MR. R PHUKAN, MR. M K NEOG,MR. S K SINGHA Advocate for the Respondent : DY.S.G.I., SC, PWD,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 06.04.2026 Heard Mr. S. K. Singha, learned counsel, appearing on behalf of the petitioners. Also heard Mr. B. J. Talukdar, learned Addl. Senior Government Advocate, representing the respondent no. 3 and Mr. M. Das, learned counsel, representing the respondent nos. 2 & 4. 2. By filing the instant writ petition, the petitioners have challenged the impugned order dated 01.07.2019, passed by the Deputy Commissioner, Hailakandi, whereby the reassessment of land belonging to the petitioners have been done in violation of the directions contained in the award of the arbitrator dated 01.07.2017. 3. The case of the petitioners is that the land of the petitioners has been acquired for widening of the Hailakandi Byepass. Some of the persons, similarly situated, have approached this Hon’ble Court by way of filing a writ petition bearing WP(C) No. 1452/2021, wherein, the Hon’ble High Court had disposed of the writ petition, vide order dated 28.03.2023, directing the concerned respondent authorities to reassess the land valuation in terms of the Arbitrator’s Award dated Page No.# 8/9 01.07.2017. It is the case of the petitioners that in spite of submission of their representations, the case of the petitioners has not been considered by the respondent authorities with the excuse that the petitioners were not parties to the aforesaid WP(C) No. 1452/2021. 4. While considering the matter, the learned Addl. Senior Government Advocate Mr. B. J. Talukdar, was directed to obtain instructions as to whether the aforesaid order passed by a coordinate bench of this court in WP(C) No. 1452/2021 would cover the issue arising in the present writ petition. 5. Mr. B. J. Talukdar, learned Addl. Senior Government Advocate, on instructions, has submitted that the aforesaid order of the coordinate bench will cover the instant case also. 6. In view of the submissions, it may be relevant to extract the relevant paragraphs of the order dated 28.03.2023, passed in WP(C) No. 1452/2021 herein below: - “12. In view of the above reasons, it is clear that the impugned order dated 01.07.2019 passed by the respondent no. 6, while making land valuation of the petitioners’ lands for payment of compensation in terms of the “1956 Act”, has not been made in terms of Arbitrator’s Award dated 01.07.2017 passed in pursuant to Section 3-G of “1956 Act”. The same not being sustainable is accordingly set aside. 13. The respondent no. 6 is directed to make a fresh land valuation report, with regard to the rate of compensation payable to the land owners in Hailakandi Bypass area, by classifying lands in two or more different categories i.e., homestead land and arable land etc, in terms of Arbitrator’s Award dated 01.07.2017. The making of the land valuation report by the respondent no. 6, in terms of the Arbitrator’s Award dated 01.07.2017, should be made within a period Page No.# 9/9 of 3(three) months from the date of receipt of a certified copy of this order. The payment of compensation on the new land valuation report, if any, should be made to the petitioners thereafter, within a further period of three months.” 7. In view of the aforesaid direction passed by the coordinate bench, this court is disposing the instant writ petition with the same direction, i.e., the respondent no. 6 is directed to make a fresh land valuation report, with regard to the rate of compensation payable to the land owners in Hailakandi Bypass area, by classifying lands in two or more different categories i.e., homestead land and arable land etc, in terms of Arbitrator’s Award dated 01.07.2017. The making of the land valuation report by the respondent no. 6, in terms of the Arbitrator’s Award dated 01.07.2017, should be made within a period of 3(three) months from the date of receipt of a certified copy of this order. 8. The payment of compensation on the new land valuation report, if any, should be made to the petitioners thereafter, within a further period of three months. 9. Accordingly, it is directed to the petitioners that the petitioners shall submit a certified copy of this order to the respondent authorities at the earliest. 10. In view of the aforesaid direction, the instant writ petition is disposed of. JUDGE Comparing Assistant