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2026 DAILYLAW 9085 (GAU)

SRI KRISHNA HAZARIKA v. THE STATE OF ASSAM AND OTHER

WP(C)/3360/2026 · 2026-06-24

Manish Choudhury

Writ Petition (Civil)body2026

Judgment text

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Page No. 1/3 GAHC010127832026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3360/2026 SRI KRISHNA HAZARIKA S/O LATE RAJI HAZARIKA, R/O VILLAGE -NO. 3 AMTOLA, P.O.- KUKURMARA, P.S.-CHHAYGAON, DISTRICT-KAMRUP, ASSAM, PIN-781134. VERSUS THE STATE OF ASSAM AND OTHER REPRESENTED BY THE COMMISSIONER SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF LAND ACQUISITION, DISPUR, ASSAM, PIN 781006. 2:THE GENERAL MANAGER P NATIONAL HIGHWAYS INFRASTRUCTURE DAKUPARA BOKO KAMRUP ASSAM. 3:THE DISTRICT COMMISSIONER KAMRUP AT AMINGAON DISTRICT KAMRUP ASSAM ASSAM PIN 781031. 4:THE CIRCLE OFFICER CHHAYGAON REVENUE CIRCLE DISTRICT KAMRUP ASSAM PIN 781134 Advocate for the Petitioner : E KHANDAKAR, MR. S DAS,MRS. A DAS Advocate for the Respondent : GA, ASSAM, SC, NHAI Page No. 2/3 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 25.06.2026 Heard Mr. S. Das, learned counsel for the petitioner; Mr. R.K. Talukdar, learned Standing Counsel, NHIDCL for the respondent no. 2; and Mr. N. Das, learned Junior Government Advocate, Assam for the respondent nos. 3 & 4. 2. The petitioner has approached this Court by the present writ petition seeking the following prayers :- [a] a Writ in the nature of Mandamus should not be issued directing/commanding the Respondent Authorities to stop further eviction on Dag no. 554 KP Patta no. 340 the plot of land of the Petitioner before making any notice or payments of Zirat compensation. [b] a Writ in the nature of Mandamus should not be issued directing/commanding the Respondent Authorities to release the compensation of Zirat of the acquired plot of land of the Petitioner for development of NH- 17. -AND- In the interim Stay further eviction in Dag no. 554 KP Patta no. 340 in the scheduled plot of land of the Petitioner till the Final Order of the Hon'ble Court of this Writ Petition. 3. Mr. Talukdar, learned Standing Counsel, NHIDCL has placed the copies of a Notification dated 10.03.2023 issued under Section 3A[1] of the National Highways Act, 1956 and another Notification dated 29.05.2023 issued under Section 3D[2] of the National Highways Act, which were also published in the Official Gazette. He has submitted, in reference to the Notifications, that no area of land within Dag no. 554 & K.P. Patta no. 340 at Revenue Village Page No. 3/3 – Kukurmara, Mouza – Chhaygaon, Chhaygaon Revenue Circle, District – Kamrup was not brought under the purview of the land acquisition process and the Schedule to the two Notifications do not contain any area of land under Dag no. 554 & K.P. Patta no. 340. The land acquisition process has already been completed and by the Notification dated 29.05.2025 issued under Section 3D[2] of the National Highways Act, the lands described in the Schedule therein has already been vested in the Central Government. 4. Mr. Das, learned counsel for the petitioner has submitted that another area of land under Dag no. 26 under Annual Patta, which is under possession of the petitioner, has been brought within the purview of the land acquisition process. If any such area under Dag no. 26 is brought under the purview of the land acquisition process, the petitioner is at liberty to seek appropriate remedy as permissible under the law. 5. As in the afore-mentioned Notifications, no area of land under Dag no. 554 & K.P. Patta no. 340 has been brought within the purview of the land acquisition process under reference, the writ petition needs no further adjudication and accordingly, the writ petition is closed. JUDGE Comparing Assistant