MAKBUL HUSSAIN BARLASKAR v. THE STATE OF ASSAM AND ORS
WP(C)/4716/2025 · 2026-05-24
Anjan Moni Kalita
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 7027 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7027 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010177832025
2026:GAU-AS:7175
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4716/2025 MAKBUL HUSSAIN BARLASKAR S/O LT ISKANDER ALI BARLASKAR PROPRIETOR OF M/S YES TRADERS R/O RANGPUR PART II NEAR RANGPUR POLICE OUT POST SILCHAR DIST CACHAR ASSAM PIN 788009 VERSUS THE STATE OF ASSAM AND ORS THROUGH THE SECRETARY TO THE GOVT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPTT DISPUR GUWAHATI 6 2:THE DISTRICT COMMISSIONER CACHAR LAND ACQUISITION BRANCH SILCHAR DIST CACHAR ASSAM 788001 3:THE ADDITIONAL DISTRICT COMMISSIONER LAND ACQUISITION BRANCH AND COMPETENT AUTHORITY OF LAND ACQUISTION CACHAR SILCHAR DIST CACHAR ASSAM 788001 4:THE EXECUTIVE ENGINEER PWD LAKHIPUR BORKHOLA AND KATIGORAH TERRITORIAL BUILDING DIVISION SILCHAR DIST CACHAR ASSM 788001 5:ASSISTANT EXECUTIVE ENGINEER PWD UDHARBOND AND LAKHIPUR TERRITORIAL BUILDING DIVISION LAKHIPUR PO LAKHIPUR DIST CACHAR ASSM 788003 6:THE NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD HNIDCL REP BY ITS MANAGING DIRECTOR WORLD TRADE CENTRE NEWAJI
Page No.# 2/4 NAGAR NEW DELHI 110029 7:THE DEPUTY GENERAL MANAGER NHIDCL SILCHAR PO SILCHAR DIST CACHAR ASSAM PIN 78800 Advocate for the Petitioner : , MS. J GHOSH Advocate for the Respondent : GA, ASSAM, SC, PWD,SC. REVENUE,SC, NHIDC
BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 25.05.2026
Heard Mr. J.U.N.M. Laskar, learned counsel for the petitioner. Also heard Ms. G. Hazarika, learned State counsel appearing for the respondent no. 1 and Mr. S. K. Hazarika, learned counsel for the respondent nos. 2 & 3 as well as Mr. R. K. Talukdar, learned Standing Counsel for NHIDC. 2. The petitioner's case is that the petitioner has a plot of land, covered by Dag No. 394 of R.S. Patta No. 1, situated at Rangpur Part-II, Mouza-Rangpur, Pargana- Barakpar, under Sub-Registry office-Silchar Sadar, District-Cachar, Assam. The petitioner has constructed a commercial RCC building on the aforesaid plot of land and carried business having three nos. of shops. For widening/construction of four (4) lane National Highway of Jiribam Road (Package No. 1) under Bharat Mala Project, the aforesaid plot of land had been acquired by the respondent authorities in the year 2023, for which, a compensation of Rs. 19,08,189.49/- had been assessed and the same had been deposited in his bank account. 3. It is the case of the petitioner that the aforesaid Zirat compensation had been assessed in his absence as he was not present at that point of time due to his illness.
Page No.# 3/4 The petitioner's contention is that since the Zirat compensation is in the lower side, he has submitted a representation dated 19.07.2024 before the respondent nos. 2 & 3 for physical re-verification of his acquired property and accordingly, to fix the compensation. 4. In response to his representation for re-verification/re-assessment of the compensation, the same was done by the PWD on 24.10.2024, whereby it had been intimidated to him that earlier Zirat assessment of the acquired property of the petitioner, his RCC building was not considered and the same would be considered as the whole building falls under RoW (Right of Way) of the proposed National Highway and submitted a re-verification report dated 22.10.2024, whereby the Zirat compensation of the petitioner had been re-verified and re-assessed for an amount of Rs. 8,30,146.30/-. Therefore, the petitioner contended he is entitled to the re-assessment compensation of Rs. 8,30,146.30/-. 5. In the instant case, no affidavit has been filed by the respondent authorities till date. However, when the matter was taken up, the counsel appearing for the parties are in agreement that the matter can be disposed of with a direction to verify the claim of the petitioner in terms of the assessment of Zirat value made by the respondent authorities, vide its report dated 22.10.2024. 6. Taking into account the aforesaid submission and having perused the assessment of Zirat value, which is annexed as Annexure-9 in the instant petition, it is found that the assessment has been made for a value of Rs. 8,30,146.30/- for the RCC building by the respondent nos. 2 & 3. 7. Accordingly, it is directed that the respondent authorities, after verification of the aforesaid Zirat value and if there is no other legal impediment in payment or release of the aforesaid amount, the same shall be released by the respondent
Page No.# 4/4 authorities after receipt of a certified copy of the instant order within a period of three (3) months. 8.
The petitioner is directed to submit the certified copy of the instant order, at the earliest, so that the needful can be carried out by the respondent authorities, i.e., the respondent nos. 2 & 3. 9. In terms of the aforesaid direction, the instant petition is disposed of. JUDGE Comparing Assistant