Smti Nalini Das Vs the Union of India and 5 Ors.

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GAHC010158772023

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/4192/2023

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SMTI NALINI DAS

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D/O LATE TUNAI DAS, R/O PURANIMATI SATRA KOIBATRA GAON, P.O.PANICHAKUA, P.S.-PULIBOR, DIST- JORHAT, ASSAM

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VERSUS

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THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, GOVT OF INDIA, NEW DELHI

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2:THE GENERAL MANAGER (P) PROJECT MONITORING UNIT PMU NHIDCL NATIONAL HIGHWAYS INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED JORHAT ASSAM

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3:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI-6 4:THE DISTRICT COMMISSIONER JORHAT ASSAM

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5:THE ADDITIONAL DEPUTY COMMISSIONER CUM COMPETENT AUTHORITY LAND ACQUISITION

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JORHAT DIST-JORHAT ASSAM

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6:THE CIRCLE OFFICER PASCHIM REVENUE CIRCLE JORHA

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Advocate for the Petitioner : MR. P J SAIKIA, MS J RAJKUMARI

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Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, NHIDC,SC, REVENUE

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BEFORE

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HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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ORDER

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Date : 02-09-2025

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Heard Mr. P.J. Saikia, learned counsel for the petitioner. Also heard Ms. P. Rabha, learned counsel appearing on behalf of Mr. K.K. Parashar, learned CGC appearing for the respondent No. 1, Mr. R.K. Talukdar, learned standing counsel, NHIDCL appearing for the respondent No. 2, Ms. N. Bordoloi, learned standing counsel, Revenue Department, Assam for the respondent No. 3 and Mr. N. Goswami, learned Govt. Advocate, Assam for respondent Nos. 4 to 6.

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The grievance raised by the petitioner in the present proceeding is for a direction upon the respondent authority for releasing the zirat compensation as assessed in the matter on acquisition of the land possessed by them.

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Mr. P.J. Saikia, learned counsel for the petitioner has submitted that the petitioner

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is the daughter of late Tunai Das and sister of Mangala Das. The respondent had issued allotment certificate in the name of Mangala Das with regard to a plot of land covered by

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Dag Nos. 233 and 413 in the year 1979 and the same was under the possession of said Mangala Das and his other family members. The land covered by Dag Nos. 233 and 413 was acquired by the respondents for conversion of No. 37 National Highway into a four lane National Highway. In the list prepared of the persons in possession of the land so acquired, the name Mangala Das was not included. It is submitted that the petitioner along with others were occupying the plot of land, however, on its acquisition, they had vacate the land in question. The approach made by the petitioner before the concerned authorities for being authorised, her due share of compensation not having revoked any response on the authorities, the present writ petition was filed.

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The respondent No. 5, i.e. the Competent Authority-cum-Addl. District Commissioner, Jorhat has filed an affidavit in the matter and therein has taken a categorical stand to the effect that the National Highway Authority had already deposited an amount of Rs. 88,84,920/- (Eighty Eight Lakhs Eighty Four Thousand Nine Hundred Twenty) only, as compensation for the land acquired along with zirat so computed against the land involved in Dag Nos. 233 and 413.

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It having been found that there were more than one possessor of the land in question, the amount so received could not be distributed, inasmuch as, the individual share of each of the claimants could not be ascertained and accordingly, vide order dated 30-03-2023, the Competent Authority-cum-Addl. District Commissioner (LA), Jorhat had in exercise of power conferred under Sub-Section (4) of Section 3H of the National Highway Act, 1956, referred the dispute for decision before the Principal Civil Court of Original Jurisdiction at Jorhat. It is also brought on record that the amount of compensation

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deposited by the National Highway Authority have also been deposited with the said Court to which the dispute came to be referred.

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The dispute involved in the matter being referred to the Principal Civil Court of Original Jurisdiction, the grievance of the petitioner would now be required to be ascertained in the proceeding so instituted on such reference being made vide order dated 30-03-2023. Accordingly, the petitioner herein is required to approach the Principal Civil Court of Original Jurisdiction to which the dispute involving apportionment of the compensation to various possessors of the land covered by Dag Nos. 233 and 413 of village Puronimati Satra Koibatra Gaon under Probotia Mouza has now been referred to.

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In the event, the petitioner approaches the Principal Civil Court of Original Jurisdiction to which the dispute has been referred to by the Competent Authority vide order dated 30-03-2023, within a period of 15 days from today along with a certified copy of this order, the claim of the petitioner be also determined by the learned Principal Civil Court of Original Jurisdiction at Jorhat, in accordance with law.

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With the above observations and directions, this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Smti Nalini Das v. the Union of India and 5 Ors.

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Smti Nalini Das v. the Union of India and 5 Ors.

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