Page No.# 1/7 GAHC010106942022 2026:GAU-AS:9236 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3795/2022 MANAS BORBORA AND ANR SON OF LT. SIRISH BORBORA, RESIDENT OF MADHOVI REGENCY, DOHA BORA ROAD, IN THE DISTRICT OF JORHAT, ASSAM-785001. 2: ON THE DEATH OF SAMIR BORBORA HIS LEGAL HEIR SMTI. BONNIE BOROOAH AGED ABOUT 48 YEARS W/O RITURAJ BOROOAH R/O HOUSE NO. 504 VENKETESH APARTMENT SHIVALAYA SOCIETY PASHAN PUNE-21 VERSUS THE UNION OF INDIA AND 7 ORS REPRESENTED BY THE SECRETARY OF MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, NEW DELHI- 110001. 2:THE CHAIRMAN NATIONAL HIGHWAYS AUTHORITY OF INDIA HAVING ITS HEADQUARTERS AT SECTOR 10 DWARKA NEW DELHI PIN- 110075 NEW DELHI. 3:THE PROJECT DIRECTOR NATIONAL HIGHWAYS AUTHORITY OF INDIA HAVING ITS REGIONAL OFFICE AT GUWAHATI NEDFI HOUSE 4TH FLOOR G.S. ROAD DISPUR GUWAHATI-06 Page No.# 2/7 ASSAM. 4:THE GENERAL MANAGER NATIONAL HIGHWAY INFRASTRUCTURE DEVELOPMENT CORPORATION (NHIDCL) PMU JORHAT 4TH FLOOR HOTEL JIRONI NH-37 BYPASS JORHAT ASSAM. PIN- 785006. 5:THE DEPUTY COMMISSIONER GOLAGHAT DISTRICT- GOLAGHAT PIN- 785621 ASSAM. 6:THE ADDITIONAL DEPUTY COMMISSIONER LAND ACQUISITION GOLAGHAT PIN- 785621 ASSAM (COMPETENT AUTHORITY UNDER NATIONAL HIGHWAYS ACT 1956). 7:THE CIRCLE OFFICER DERGAON REVENUE CIRCLE PIN- 785614 IN THE DISTRICT OF GOLAGHAT ASSAM. 8:THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT (BUILDING) DERGAON PIN- 785614 IN THE DISTRICT OF GOLAGHAT ASSAM Advocate for the petitioner(s): Mr. P Mahanta Advocate for the respondent(s): Mr. RK Talukdar, Standing Counsel Page No.# 3/7 NHIDC Mr. SS Roy for respondent Nos.5, 6 & 7 Mr. P Nayak Addl. AG, Assam for respondent No.7 B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 24.06.2026 Heard Mr. P Mahanta, the learned counsel appearing on behalf of the petitioners. Also heard Mr. A Baruah, the learned counsel who appears on behalf of respondent Nos. 2 and 3; Mr. RK Talukdar, the learned Standing Counsel, NHIDC who appears on behalf of the respondent No.4; Mr. SS Roy, the learned counsel who appears on behalf of respondent Nos.5, 6 and 7 and Mr. P Nayak, the learned Addl. AG, Assam who appears on behalf of respondent No.8. 2. The petitioners herein have approached this Court seeking a direction upon the respondent authorities to prepare valuation estimate for damage to be caused to the petitioners’ Multi-Storeyed Building, a part of which is sought to be acquired for the purpose of four-laning of the National Highway. The petitioners have also sought for a direction upon the respondent authorities to include the entire Multi-Storeyed Building in the declaration of the Acquisition under Page No.# 4/7 Section 3D of the National Highways Act, 1956 (for short, ‘the Act of 1956’) and thereafter include the said Multi-Storeyed Building of the petitioners under Section 3G estimate prepared for payment of compensation as per the current rates i.e. for the year 2021-22. The petitioners have also sought for payment of compensation in terms with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. In addition to that, the petitioners have also sought for a declaration that they are entitled for compensation for the Multi-Storeyed Building, a part of which is sought to be acquired for the purpose of four-laning of the National Highway 37. 3. In pursuance to the directions passed by this Court, affidavits have been filed. An affidavit was filed by the respondent No.4 on 21.01.2025. In the said affidavit, at paragraph No.3, it is categorically mentioned that the petitioners are encroaching upon the Government land, and the total 7(seven) number of pillars of the building constructed by the petitioners fall under the Government land. 4. Be that as it may, it is the very stand of the respondent No.4 that for widening and improvement of rehabilitation and upgradation of Dergaon Town Section of NH-37 to 4(four) laning from km 426.800 to Km 437.800 in the State of Assam on EPC mode, lands were acquired and the land in question of this case also falls under the said project. It is also mentioned that the proposed widening of road have also Page No.# 5/7 been completed in both sides and footpaths including the drains of both sides of the road has also been completed as per the plan, and people and traffic are running smoothly on the aforesaid road. As such, the 7(seven) pillars of the building in question of the petitioners, which are over the Government lands, are now not required to be demolished, and if any removal of encroachment is required, the concerned authority will take action in accordance with law. Paragraph Nos.3 and 4 of the said affidavit dated 21.01.2025 being relevant are reproduced hereinunder: “3. That, it is an admitted fact that the petitioner is encroaching Government land and total seven (7) Nos. of pillars of the building constructed by the Petitioner is falls under the Government land. The whole facts of the subject have already been elaborately submitted by the Office of the Deponent in the Affidavit-in-Opposition filed before this Hon'ble Court and same is on record. 4. That, for widening and improvement of Rehabilitation and Up-gradation of Dergaon Town Section on NH-37 to 4 laning from k.m 426.800 to km 437.800 in the State of Assam on EPC Mode lands were acquired and the land in question of this case also falls under the said Project. Now the proposed widening of road has been completed in both sides and footpaths including the drains of both sides of the road also been completed as per the plan and people and traffic are running smoothly on the aforesaid road as such, the seven (7) nos. of pillars of the building in question of the Petitioner which are over the Government land now not required to be demolished and if any removal of encroachment is required, the concerned authority will take action in accordance with law. The aforesaid aspects has been communicated by the Office of the Deponent vide Letter dated 31/08/2024 to the Executive Director, Regional Office, NHIDCL, Guwahati for information.” 5. This Court has also heard the learned counsels appearing on Page No.# 6/7 behalf of the parties, and more particularly Mr. P. Mahanta, the learned counsel appearing on behalf of the petitioner, who submitted that irrespective of the decision on the part of the respondent No.4 not to demolish the 7(seven) pillars of the building of the petitioner, the petitioner's building has become unworkable on account of the construction of the road. He, therefore, submitted that the petitioner's building ought to have been acquired. 6. It is the opinion of this Court that this aspect of the matter cannot be decided in a proceeding under Articles 226 of the Constitution. If the petitioners are aggrieved on the question of non-inclusion of the petitioners’ building for the purpose of compensation, the petitioners either would have to approach the Civil Court in that regard, or can also approach under Section 3G(5) of the National Highways Act 1956, taking into account the judgment of the Supreme Court in the case of National Highways Authority of India Vs. Sri P. Nagaraju @ Cheluvaiah & Anr. reported in (2022) 15 SCC 1, wherein the Supreme Court had categorically mandated that the provisions of Sections 26 to 30 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 have to be applied along with Section 3G(7) of the National Highways Act, 1956 for assessment of the compensation. 7. Accordingly, this Court is not inclined to entertain the instant writ Page No.# 7/7 petition, for which, the writ petition stands dismissed. 8. Needless to mention that all these grounds which have been urged in the instant proceedings, the petitioners can very well urge before the Arbitrator under Section 3G(5) of the National Highways Act, 1956, if the Petitioners file such application. JUDGE Comparing Assistant