Page No.# 1/6 GAHC010020032026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/592/2026 DILIP KUMAR MALAKAR AND ORS S/O- LATE SWIJENDRA MALAKAR, VILL PASCHIM KITTERBOND PART-I, P.S. AND DIST HAILAKANDI , ASSAM 2: BAPPI ACHARJEE RESIDENTS OFVILL PASCHIM KITTERBOND PART-IP.S. AND DIST HAILAKANDI ASSAM 3: MANIR AHMED LASKAR RESIDENTS OFVILL PASCHIM KITTERBOND PART-IP.S. AND DIST HAILAKANDI ASSAM 4: ALIM UDDIN BARBHUIYA RESIDENTS OFVILL PASCHIM KITTERBOND PART-IP.S. AND DIST HAILAKANDI ASSAM 5: FULCHIMA BEGUM MAZUMDER RESIDENTS OFVILL PASCHIM KITTERBOND PART-IP.S. AND DIST HAILAKANDI ASSAM 6: SHAMSUL ISLAM BARLASKAR RESIDENTS OFVILL PASCHIM KITTERBOND PART-IP.S. AND DIST HAILAKANDI ASSAM 7: ALOM UDDIN BARBHUIYA RESIDENTS OFVILL PASCHIM KITTERBOND PART-IP.S. AND DIST HAILAKANDI ASSAM 8: FAYJUL HOQUE CHOUDHURY RESIDENTS OFVILL PASCHIM KITTERBOND PART-IP.S. AND DIST HAILAKANDI ASSAM 9: BADRUL ISLAM MAZUMDER Page No.# 2/6 RESIDENTS OFVILL PASCHIM KITTERBOND PART-IP.S. AND DIST HAILAKANDI ASSAM 10: MOIN UDDIN BARBHUIYA RESIDENTS OFVILL PASCHIM KITTERBOND PART-IP.S. AND DIST HAILAKANDI ASSAM 11: ABDUL AZIZ CHOUDHURY RESIDENTS OFVILL PASCHIM KITTERBOND PART-IP.S. AND DIST HAILAKANDI ASSAM 12: SIRAJ UDDIN CHOUDHURY RESIDENTS OFVILL PASCHIM KITTERBOND PART-IP.S. AND DIST HAILAKANDI ASSAM 13: PURNANANDA NATH AND PINTU NATH RESIDENTS OFVILL PASCHIM KITTERBOND PART-IP.S. AND DIST HAILAKANDI ASSAM 14: KONGKON NATH RESIDENTS OFVILL PASCHIM KITTERBOND PART-IP.S. AND DIST HAILAKANDI ASSAM 15: AZIZUR RAHMAN CHOUDHURY RESIDENTS OFVILL PASCHIM KITTERBOND PART-IP.S. AND DIST HAILAKANDI ASSAM 16: HUSSAIN AHMED MAZUMDER RESIDENTS OFVILL PASCHIM KITTERBOND PART-IP.S. AND DIST HAILAKANDI ASSAM 17: ASHAB UDDIN BARBHUIYA RESIDENTS OFVILL PASCHIM KITTERBOND PART-IP.S. AND DIST HAILAKANDI ASSAM 18: MAYAJAN BIBI BARBHUIYA RESIDENTS OFVILL PASCHIM KITTERBOND PART-IP.S. AND DIST HAILAKANDI ASSAM 19: ABDUL KHALIQUE BARBHUIYA RESIDENTS OFVILL PASCHIM KITTERBOND PART-IP.S. AND DIST HAILAKANDI ASSAM 20: ALA UDDIN LASKAR RESIDENTS OFVILL PASCHIM KITTERBOND PART-IP.S. AND DIST HAILAKANDI ASSAM 21: KHAIROJ JAMAN LASKAR( Page No.# 3/6 RESIDENTS OFVILL PASCHIM KITTERBOND PART-IP.S. AND DIST HAILAKANDI ASSAM 22: DILOWAR HUSSAIN LASKAR RESIDENTS OFVILL PASCHIM KITTERBOND PART-IP.S. AND DIST HAILAKANDI ASSAM 23: ABAD UDDIN LASKAR RESIDENTS OFVILL PASCHIM KITTERBOND PART-IP.S. AND DIST HAILAKANDI ASSAM 24: ABUL HUSSAIN MAZUMDER RESIDENTS OFVILL PASCHIM KITTERBOND PART-IP.S. AND DIST HAILAKANDI ASSAM 25: AMIR UDDIN HAJAM RESIDENTS OFVILL PASCHIM KITTERBOND PART-IP.S. AND DIST HAILAKANDI ASSAM 26: PURNIMA NATH RESIDENTS OFVILL PASCHIM KITTERBOND PART-IP.S. AND DIST HAILAKANDI ASSAM 27: PIYALI DASGUPTA RESIDENTS OFVILL PASCHIM KITTERBOND PART-IP.S. AND DIST HAILAKANDI ASSAM 28: KARNENDU NATH RESIDENTS OFVILL PASCHIM KITTERBOND PART-IP.S. AND DIST HAILAKANDI ASSAM 29: SURAJIT BHOWMIK RESIDENTS OFVILL PASCHIM KITTERBOND PART-IP.S. AND DIST HAILAKANDI ASSAM 30: AJIR UDDIN RESIDENTS OFVILL PASCHIM KITTERBOND PART-IP.S. AND DIST HAILAKANDI ASSAM 31: AMINUL HOQUE LASKAR RESIDENTS OFVILL PASCHIM KITTERBOND PART-IP.S. AND DIST HAILAKANDI ASSAM 32: SUKKUR ALI BARBHUIYA RESIDENTS OF VILL PASCHIM KITTERBOND PART-I P.S. AND DIST.- HAILAKANDI ASSAM Page No.# 4/6 33: BAITUL MUKARRAM JAME MASJID REPRESENTED BY ITS SECRETARY MANIR AHMED LASKAR 73 YRS. S/O- LATE MAMTAJ ALI LASKAR RESIDENTS OF VILL PASCHIM KITTERBOND PART-I P.S. AND DIST.-HAILAKANDI ASSA VERSUS UNION OF INDIA AND ORS REPRESENTED BY ITS SECRETARY TO THE GOVT OF INDIA, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAWAN, PARLIAMENTARY STREET, NEW DELHI-01. 2:THE NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD (NHIDCL REPRESENTED BY ITS MANAGING DIRECTOR 3RD FLOOR PTI BULDING-4 PARLIAMENTARY STREET NEW DELHI-110001. 3:THE DISTRICT COMMISSIONER HAILAKANDI PIN- 788151 P.O. AND DIST HAILAKANDI ASSA Advocate for the Petitioner : MR. A H M R CHOUDHURY, MR N RAHMAN Advocate for the Respondent : GA, ASSAM, SC, C.G.C.,SC, NHIDC Page No.# 5/6 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 20.02.2026 Heard Shri A. H. M. R. Choudhury, learned counsel for the petitioners. Also heard Shri S. S. Roy, learned State Counsel as well as Ms. R. Bora, learned Standing Counsel, NHIDCL. Considering the facts and circumstances and as agreed to by the learned counsel for the parties, the instant petition is disposed of at the motion stage itself. It may be mentioned that on the earlier occasion, i.e. 06.02.2026, the learned State Counsel was given opportunity to examine the aspect whether the issue is covered by earlier orders of this Court. As per the facts projected, the petitioners are residents of Mouza-Kittarbond Part-I at Monacherra in the district of Hailakandi and the owners/successors of the owners of various lands which were required in the year 2009-2010 for construction of the National Highway. With regard to the aspect of compensation, there was a dispute which was before the arbitrator appointed under the National Highways Act, 1956 read with the Arbitration and Conciliation Act, 1996. The petitioners claim that an Award was passed on 01.07.2017. While the fruits of the Award have been given to certain similarly situated persons, the same have not been afforded to the petitioners. Shri Choudhury, the learned counsel has submitted that some of the similarly situated persons had approached this Court by filing writ petitions including WP(C)/6487/2024 which was disposed of vide an order dated Page No.# 6/6 06.12.2024 by directing the concerned Deputy Commissioner, Hailakandi to consider the application in accordance with law. Ms. Bora, the learned Standing Counsel has however submitted that there is a procedure prescribed under the Arbitration and Conciliation Act, 1996 for execution of an Award. She has however fairly conceded that in the earlier writ petition with a similar cause of action, direction was issued for consideration of the representation. After hearing the learned counsel for the parties, this Court is of the view that since in a similarly situated case, this Court had issued direction to the District Commissioner, Hailakandi to consider the application, the present case is also disposed of by directing the District Commissioner, Hailakandi to consider the applications of the petitioners and pass appropriate orders strictly in accordance with law. The aforesaid exercise may be conducted and completed expeditiously and preferably within a period of 4 (four) months from today. To facilitate such consideration, the petitioners are directed to submit copies of the earlier applications to the concerned authority. Writ petition accordingly stands disposed of. JUDGE Comparing Assistant