Page No.# 1/6 GAHC010144532024 2026:GAU-AS:5021 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3701/2024 MD. MAKSHED ALI S/O LATE MOBARAK ALI R/O VILL- 2 NO. LOHARKATHA P.O. LOHARKATHA, P.S. MUKALMUA, DIST. NALBARI, ASSAM PIN-781126 VERSUS THE STATE OF ASSAM AND 6 ORS THROUGH THE PRINCIPAL TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT, DISPUR, GUWAHATI-6. 2:THE DIRECTOR OF LAND RECORDS AND SURVEY RUPNAGAR GUWAHATI-32 ASSAM 3:THE DEPUTY COMMISSIONER NALBARI P.O. P.S. AND DIST. NALBARI ASSAM 4:THE CIRCLE OFFICER BARKHETRI REVENUE CIRCLE NARAYANPUR MUKALMUA Page No.# 2/6 DIST. NALBARI PIN-781126 ASSAM 5:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PUBLIC WORKS ROAD DEPARTMENT DISPUR GUWAHATI-781006 6:THE CHIEF ENGINEER (ROAD) PUBLIC WORKS ROADS DEPARTMENT CHANDMARI GUWAHATI ASSAM 7:THE EXECUTIVE ENGINEER NALBARI DISTRICT TERRITORIAL ROAD DIVISION NALBARI P.O. P.S. AND DIST. NALBARI ASSAM Advocate for the Petitioner : MS. S KANUNGOE, MR S HUSSAIN,MR. A S ALI,MR. S A B KHABIR Advocate for the Respondent : GA, ASSAM, SC, PWD ROAD,SC, REVENUE Page No.# 3/6 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 06.04.2026 1. Heard Mr. S. Kanungoe, learned counsel appearing for the petitioner. Also heard Mr. H. Sarma, learned Additional Senior Government Advocate appearing for respondent nos. 3 and 4; Mr. S. Sarma, learned Standing Counsel for the PWD Department representing respondent nos.5, 6 and 7 and Ms. P.R Mahanta, learned counsel appearing for respondent nos.1 and 2. 2. The instant writ petition has been filed by the petitioner praying for compensation in lieu of the land acquired by the respondent authorities from the Khiraj Myadi Patta land of the petitioner measuring 1 Katha 3 Lechas under Patta No.220 and Dag No. 716 of Village - Loharkatha, Mouza – Pub Barkhetri, P.S – Mukalmua, in the district of Nalbari. 3. The case of the petitioner is that the petitioner is the owner of a plot of land in village – Loharkatha under Mouza – Pub Barkhetri and Barkhetri Revenue Circle in the district of Nalbari measuring 2 Kathas 11 Lechas under Dag No. 716 of Patta No.220. 4. It is contended that the respondent authorities without giving him any prior notice, started construction of a road throughout the above mentioned Khiraj Myadi Patta land covering 1 Katha 3 Lechas out of the aforesaid 2 Kathas 11 Lechas under Dag No.716. Page No.# 4/6 5. It is the case of the petitioner that the aforesaid land was acquired by the respondent authorities without following the due process under the Land Acquisition Act and other relevant laws. 6. Faced with the aforesaid situation, the petitioner has approached this Court for payment of compensation, if the land is acquired by the respondent authorities for construction of a public road. 7. Affidavits have been exchanged in the instant case. 8. A co-ordinate Bench of this Court, while hearing the matter on 13.08.2025, passed a direction to the effect that the respondent authorities, specially the Deputy Commissioner, Nalbari, to compute the compensation which is required to be disbursed to the petitioner and place the same before the Secretary/Public Works Roads Department for release of the funds. 9. After passing of the aforesaid order, the Circle Officer, Barkhetri Revenue Circle, Narayanpur, Mukalmua vide a communication dated 01.09.2025 to the Additional Deputy Commissioner, Nalbari intimated that a joint spot verification with the Public Works Roads Department, has been carried out and during the joint verification, it was found that, in fact, the people of villages have been using some portion of the land of the petitioner as a road and there is no construction of P.W.D road was going on in the aforesaid land of the petitioner under Dag No.716, Patta No.220. 10. 10. Subsequently, another letter dated 09.12.2025 was issued by the aforesaid Circle Officer intimating the Additional Deputy Page No.# 5/6 Commissioner, Nalbari that after the joint verification, it was found that as per the map, a Government road exists on the southern side of the aforesaid Dag of the petitioner. It was also mentioned that a portion of the aforesaid Dag is being used by the public as an earthen village road. It was also mentioned that Public Works Roads Department had initially commenced construction of a road over the said land, however, the work was subsequently stopped and till date, no road construction by the Public Works Roads Department has been undertaken on the Government Road shown on the southern side of the Dag in the map. 11. Therefore, the sum and substance of the aforesaid letter is that there is no land acquisition for constructing any P.W.D road has been undertaken by the Public Works Roads Department or any other Government authorities as on date. 12. In view of the aforesaid communications, an application for modification of the aforesaid order dated 13.08.2025, passed by the Co-ordinate Bench of this Court, was filed by the respondent authorities. 13. However, Mr. H. Sarma, learned Additional Senior Government Advocate appearing for respondent nos. 3 and 4 submits that since there is no proposal of any acquisition of land of the petitioner in the instant case as on date, nothing survives in the instant petition and the order passed on 13.08.2025 has also to be termed as non-effective due to the subsequent facts that have been brought on record before this Court. Page No.# 6/6 14. The learned counsel appearing for the petitioner has also fairly submitted that, in fact, the construction of the road has been stopped in view of filing of the instant petition by the petitioner. She further submits that at a later stage, if any construction is to be made on the land of the petitioner, the same should be done by following the proper procedure under the Land Acquisition Act. 15. After hearing the counsel appearing for the respective parties, this Court is of the considered opinion that nothing survives in the matter as of today. If there is any proposal or any land acquisition for the purpose of construction of any road, then the petitioner shall be at liberty to approach this Court, in case of any violation in such acquisition of his land. 16. In view of the aforesaid, the instant writ petition stands disposed of as infructuous. JUDGE Comparing Assistant