Page No.# 1/7 GAHC010275942025 2026:GAU-AS:5754 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7276/2025 MAKBUL HUSSAIN BARBHUIYA S/O LATE ABDUL JALIL BARBHUIYA R/O VILLAGE-KASHIPUR PART-II, P.O.-KASHIPUR, P.S.-SILCHAR, DISTRICT-CACHAR, ASSAM. 2: MUNNA SODIAL S/O LATE MERAB ALI SODIAL R/O VILLAGE/P.O.-MODHURBOND P.S.-SILCHAR DISTRICT-CACHAR ASSAM 3: KAMRUL HUSSAIN BARBHUIYA S/O LATE ABDUL JALIL BARBHUIYA R/O VILLAGE-KASHIPUR PART-II P.O.-KASHIPUR P.S.-SILCHAR DISTRICT-CACHAR ASSAM. 4: ANJAL HUSSAIN BARLASKAR S/O NUR AHMED BARIASKAR R/O VILLAGE-BAHADURPUR-RONGPUR PART-II P.O.-RONGPUR P.S.-UDHARBOND DISTRICT-CACHAR ASSAM. 5: DILBAHAR HUSSAIN CHOUDHURY S/O LATE AMIN ALI CHOUDHURY R/O VILLAGE-KASHIPUR PART-II P.O.-KASHIPUR P.S.-SILCHAR DISTRICT-CACHAR ASSAM. Page No.# 2/7 6: SAHID AHMED BARLASKAR S/O NUR AHMED BARLASKAR R/O VILLAGE-BAHADURPUR-RONGPUR PART-II P.S.-UDHARBOND DISTRICT-CACHAR ASSAM. 7: RAJAN UDDIN MAZUMDER S/O HARIS ALI MAZUMDER R/O VILLAGE-KASHIPUR PART-I P.O.-KASHIPUR P.S.-SILCHAR DISTRICT-CACHAR ASSAM. 8: JIAUR RAHMAN BBARBHUIYA S/O LATE ABDUL MATIN BARBHUIYA R/O VILLAGE-KASHIPUR PART-II P.O.-KASHIPUR P.S.-SILCHAR DISTRICT-CACHAR ASSAM VERSUS THE UNION OF INDIA AND OTHRS REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF ROAD TRANSPORT HIGHWAYS, TRANSPORT BHAWAN-1, PARLIAMENT STREET, NEW DELHI-110001. 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER SECRETARY TO THE GOVT. OF ASSAM REVENUE DISASTER MANAGEMENT DEPARTMENT DISPUR GHY-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 Page No.# 3/7 5:THE CO 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 NHIDCL CACHAR SILCHAR 7:THE SUPERINTENDING ENGINEER PWD BUILDING CACHAR SILCHAR. 8:THE EXECUTIVE ENGINEER PWD BUILDING DIVISION UDHARBOND LAKHIPUR BORKHOLA TERRITORIAL BUILDING DIVISION CACHAR SILCHAR. 9:THE SECRETARY KASHIPUR GAON PANCHAYAT VILLAGE-KASHIPUR P.O.-KASHIPUR DISTRICT-CACHAR ASSAM PIN-788009 Advocate for the Petitioner : MS S DAS, MR F U BARBHUIYA Advocate for the Respondent : DY.S.G.I., SC, NHIDC,SC, P AND R.D.,SC, PWD,SC. REVENUE,GA, ASSAM Linked Case : WP(C)/7231/2025 IMAD HUSSAIN LASKAR S/O-NASIR UDDIN LASKAR R/O VILLAGE-KASHIPUR PART-II P.O.-KASHIPUR Page No.# 4/7 P.S.-SILCHAR DISTRICT-CACHAR ASSAM. 2: AHAD HUSSAIN LASKAR S/O NASIR UDDIN LASKAR R/O VILLAGE-KASHIPUR PART-II P.O.-KASHIPUR P.S.-SILCHAR DISTRICT-CACHAR ASSAM. VERSUS THE UNION OF INDIA AND OTHRS REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF ROAD TRANSPORT HIGHWAYS TRANSPORT BHAWAN-1 PARLIAMENT STREET NEW DELHI-110001. 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER SECRETARY TO THE GOVT. OF ASSAM REVENUE DISASTER MANAGEMENT DEPARTMENT DISPUR GHY-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 CO 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 NHIDCL CACHAR SILCHAR Page No.# 5/7 7:THE SUPERINTENDING ENGINEER PWD BUILDING CACHAR SILCHAR. 8:THE EXECUTIVE ENGINEER PWD BUILDING DIVISION UDHARBOND LAKHIPUR BORKHOLA TERRITORIAL BUILDING DIVISION CACHAR SILCHAR. 9:THE SECRETARY KASHIPUR GAON PANCHAYAT VILLAGE-KASHIPUR P.O.-KASHIPUR DISTRICT-CACHAR ASSAM PIN-788009. ------------ Advocate for : MS S DAS Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND OTHRS BEFORE HON’BLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 27.04.2026 Heard Mr. F. U. Borbhuiya, learned counsel appearing for the petitioners. Also heard Mr. N. Das, learned Government Counsel for respondent Nos. 4 and 5, Mr. S. Dutta, learned Standing Counsel, P & RD for respondent Nos. 3 and 9 and Mr. R. K. Talukdar and Mr. C. Baruah, learned Standing Counsels, NHIDCL for respondent No. 6 in WP(C) No. 7276/2025 and WP(C) No. 7231/2025 respectively and Ms. N. Bordoloi, Standing Counsel, Revenue Department for respondent No. 2. Page No.# 6/7 2. By way of the said two writ petitions, the petitioners pray for assessment of the zirat value of the petitioners’ structures and payment of compensation thereof. 3. The brief facts of the case are that the Government of India, Ministry of Shipping, Road Transport and Highways, by a Notification dated 05.01.2023, acquired the land in question for the purpose of widening/four-laning under the operation of NH-37 and NH-306, falling within the stretch of land from K.M. 0.000 to K.M. 20.000 in the district of Cachar. The respondent authorities, after surveying the scheduled land, inadvertently failed to assess the structures/zirats of certain structures belonging to the petitioners on the land in question. Accordingly, the petitioners approached respondent No. 3 by way of a representation dated 05.09.2024, whereafter respondent No. 3 informed respondent No. 5 to conduct a joint field verification. Despite the same, no joint verification has been conducted till date. 4. On the contrary, notices have been issued to the petitioners to hand over possession and to submit claim documents to establish that the structures were built prior to the 3A Gazette Notification. Upon receipt of such show cause notices, the petitioners submitted separate representations, which are still pending for disposal. 5. Learned counsel appearing for the parties have submitted at the Bar that, since the representations submitted by the petitioners are pending before the respondent authorities, the instant writ petitions may be disposed of by directing the respondents to dispose of the representations in accordance with law. Page No.# 7/7 6. This Court, upon hearing the learned counsel for the parties, perusing the materials available on record, and noting that the representations seek grant of complete and correct compensation after assessing the zirat value of the left-out structures at Mouza-Kashipur Part-II, Porgana, for which show cause notices were issued by the respondent authorities, particularly respondent No. 4, deems it fit, in the interest of justice, to dispose of the writ petitions by directing the District Commissioner to dispose of the representations filed by the petitioners. 7. The petitioners shall file such fresh representation(s) before the jurisdictional District Commissioner, within a period of 10 (ten) days from today, whereupon, within a period of 4 (four) weeks therefrom, the said District Commissioner shall consider and dispose of the representations strictly in accordance with law. 8. It is clarified that the status quo order passed earlier by this Court on 25.02.2026 shall continue till the disposal of the representations, if filed within the time stipulated by this Court. 9. With the aforesaid direction, both the writ petitions are disposed of. JUDGE Comparing Assistant