Page No.# 1/5 GAHC010109992026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2915/2026 ALTAF HUSSAIN LASKAR S/O- LT. SIRAJ UDDIN LASKAR 2: AITAF HUSSAIN BARBHUIYA S/O- AZIR UDDIN BARBHUIYA 3: ABJAL HUSSAIN BARBHUIYA S/O- AZIR UDDIN BARBHUIYA 4: SRI SHIV DUAL HAZAM S/O- PRATIRAM HAZAM 5: NAZRUL ISLAM BARBHUIYA S/O- LT. MANIR UDDIN BARBHUIYA 6: ABDUL SHAMAD CHOUDHURY S/O- LT. JALAL UDDIN CHOUDHURY 7: MOIN UDDIN LASKAR ALIAS MAHIN UDDIN LASKAR S/OMAZIR UDDIN LASKAR 8: MONOR HUSSAIN BARBHUIYA S/O- SAFU MIA BARBHUIYA 9: SAPON KUMAR DAS ALIAS SWAPAN KUMAR DAS S/O- LATE GIRENDRA KUMAR DAS 10: MAKSUD ALOM CHOUDHURY S/O- TASHIR ALI CHOUDHURY 11: MAZIR UDDAIN LASKAR S/O- LATE KUTI MIA LASKAR Page No.# 2/5 12: NAMIT KUMAR DAS SO- HARISH CHANDRA DAS 13: IMRAN HUSSAIN LASKAR S/O- ANOWAR HUSSAIN LASKAR ALL ARE RESIDENTS OF VILL- KASHIPUR PARTII .- ASHIPUR DIST. CACHAR ASSA VERSUS THE UNION OF INDIA and othrs REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAWAN-1, PARLIAMENT STREET, NEW DELHI110001. 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI-06. 3:THE DISTRICT COMMISSIONER CUM COMPETENT AUTHORITY OF LAND ACQUISITION CACHAR SILCHAR-01. 4:THE ADDITIONAL DISTRICT COMMISSIONER CUM COMPETENT AUTHORITY OF LAND ACQUISITION CACHAR SILCHAR-01. 5:THE SETTLEMENT OFFICER CACHAR SILCHAR-01. 6:THE CIRCLE OFFICER SADAR REVENUE CIRCLE CACHAR SILCHAR-01. Page No.# 3/5 7:THE NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD NHIDCL REPRESENTED BY THE DEPUTY GENERAL MANAGER NHIDCL CACHAR SILCHAR01. 8:THE SUPERINTENDING ENGINEER BUILDING CACHAR PWD SILCHAR-0 Advocate for the Petitioner : MR. M KHAN, MR. R. AHMED,MS J AKTAR Advocate for the Respondent : DY.S.G.I., SC, PWD,SC. REVENUE,SC, NHIDC,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 04.06.2026 1. Heard Mr. M. Khan, learned counsel for the petitioner and Mr. H. Sarma, learned Addl. Senior Government Advocate for the respondent Nos. 3 to 6 as well as Ms. R. Bora, learned Standing Counsel, NHIDCL. Also heard Mr. A. Bhattacharjee, learned Standing Counsel, Revenue Department and Mr. B. Choudhury, learned Standing Counsel, PWD Department. 2. Having considered that the similar matter has already been considered and disposed of by a Coordinate Bench of this Court and as agreed to by the learned counsel for the parties, this writ petition is being disposed of at the motion stage itself. 3. By filing this writ petition, the petitioner prays for assessment of the zirat value of the petitioner’s structures and payment of compensation thereof. Page No.# 4/5 4. The case of the petitioner is 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 petitioner on the land in question. Accordingly, the petitioner approached respondent No.3, where after the respondent No. 3 informed the respondent No. 5 to conduct a joint field verification. Despite the same, no joint verification has been conducted till date. 5. On the contrary, notices have been issued to the petitioner 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 petitioner submitted separate representations, which are still pending for disposal. 6. The counsels for the respondents have submitted that since the award has already been passed under Section 3D of the National Highways Act, 1956, the District Commissioner -cum- Collector has become functus officio. The counsels for the respondent further submit that if the petitioner remains aggrieved, they may approach the Arbitrator under Section 3G of the National Highways Act, 1956. Having submitted above, however, the counsels for the respondent fairly submit that since the similar matter has already been disposed of by this Court, they have little scope to submit any further. 6. Ultimately, learned counsel appearing for the parties have submitted at the Bar that, since the representation submitted by the petitioner is pending before the respondent authorities, the instant writ petitions may be disposed of by directing the Page No.# 5/5 respondents to dispose of the representation in accordance with law. 7. This Court, upon hearing the learned counsel for the parties, perusing the materials available on record, and noting that the representation seeking 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 and as a judicial discipline and propriety, I deem it fit, in the interest of justice, to dispose of the writ petition by directing the District Commissioner to dispose of the representations filed by the petitioner. 8. The petitioner shall file fresh representation individually before the District Commissioner, Cachar within ten days from today. On receipt of the representation that may be filed, the District Commissioner, Cachar shall consider and dispose of the same within fifteen days thereafter, in accordance with law. 9. Till the disposal of the said representations, status-quo as on today shall be maintained. 10. With the above observation, the writ petition stands disposed of. JUDGE Comparing Assistant