Ahiyat Ali and Anr. Vs the State of Assam and 8 Ors.

THE STATE OF ASSAM AND 8 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-6

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2:THE NATIONAL HIGHWAY AUTHORITYY OF INDIA REPRESENTED BY ITS CHAIRMAN SECTOR-10 DWARKA

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NEW DELHI-110075

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3:THE NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD.

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UNDER THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVERNMENT OF INDIA REPRESENTED BY ITS CHAIRMAN HEAD OFFICE AT 1ST AND 2ND FLOOR TOWER-A WORLD TRADE CENTRE NAUROJI NAGAR NEW DELHI-110029

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4:THE DISTRICT COMMISSIONER DHUBRI DISTRICT DHUBRI ASSAM- 783301 5:THE ADDITIONAL DISTRICT COMMISSIONER (LAND ACQUISITION BRANCH) DHUBRI DISTRICT DHUBRI ASSAM- 783301 6:THE CIRCLE OFFICER DHUBRI REVENUE CIRCLE DHUBRI DISTRICT DHUBRI ASSAM- 783301 7:HABI SHEIKH S/O LATE MAHIR UDDIN SHEIKH R/O VILL- KACHUARKHASH P.O.- DHARMASHALA P.S. AND DIST- DHUBRI ASSAM PIN-783324 8:SAHIDA BIBI W/O MAKBUL HUSSAIN D/O HABIBAR KHAN @ HABI SHEIKH R/O VILL- KACHUARKHASH PART-II P.O.- DHARMASHALA P.S. AND DIST- DHUBRI ASSAM PIN-783324 9:ABDUL HAKIM SK S/O ABDUR RAHMAN SK R/O VILL- ADABARI PART-I P.O.- CHAGALCHARA P.S. AND DIST- DHUBRI ASSAM PIN-78332

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Advocate for the Petitioner : MD. S ALOM, MR. M S ALAM

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Advocate for the Respondent : SC, REVENUE, SC, NHAI,GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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14.10.2025

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Heard Shri S. Alom, learned counsel for the petitioners. Also heard Shri H. Sharma, learned Addl. Senior Government Advocate, Assam, Shri R.K. Talukdar, learned Standing Counsel, NHAI and Ms. N. Bordoloi, learned Standing Counsel, Revenue Department.

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Considering the order which has been proposed to be passed, notice upon the private respondents would not be necessary.

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As per the facts projected, the petitioners and the respondent no. 9 are the co-pattadar of a plot of land measuring 1 Bigha 1 Katha 19 Lechas covered by Dag No. 479 Patta No. 5 of village Kachuarkhash Pt-II under Dhubri Revenue Circle. Out of the aforesaid land, a plot measuring 3 Katha 5 Lecha was acquired for construction of the NH-127-B and in lieu of such acquisition, compensation of Rs.6,68,722/- (Rupees Six Lakh Sixty Eight Thousand Seven Hundred Twenty Two) has been awarded. However, the amount was not released to the petitioners and the respondent no. 9 who are the co-pattadar and accordingly certain enquiries were made by taking into recourse the RTI Act. In the reply dated 31.05.2025, it was revealed that the respondent nos. 7 and 8 had received an amount of Rs.5,77,096/- (Rupees Five Lakh Seventy Seven Thousand Ninety Six) out of the awarded amount. It is the case of the petitioners that the said respondent nos. 7 and 8 are strangers and do not have any interest or right over the plot of land and in an illegal manner, major part of the compensation amount has been paid to them.

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Shri Alom, the learned counsel has drawn the attention of this Court to the documents of purchase and has submitted that it is the petitioners and the respondent no. 9 who are the co-pattadars and are the persons entitled for the compensation of the land acquired. He has also referred to the representation dated 01.11.2023 submitted before the District Commissioner, L.A. Branch, Dhubri which, according to the petitioners has not been looked into.

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Shri Talukdar, the learned Standing Counsel, NHAI has, on the other hand submitted that the present approach of the petitioners before this Court may not be a correct one inasmuch as a remedy has been provided in the National Highways Act, 1956. By drawing the attention of this Court to Section 3H, he has submitted that under sub-Section 3, the competent authority has been vested with powers to determine the entitlement of persons and under subSection 4, a power to refer the matter to the Civil Court has been given in case there is a dispute regarding the apportionment of the amount. He has also highlighted the aspect that the amount in question is admittedly released to the private respondents and therefore, approach to this Court would not be fruitful. He has also submitted that the dispute would involve factual aspects which would require adducing of evidence.

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Shri Sharma, the learned State Counsel and Ms. Bordoloi, the learned Standing Counsel, Revenue Department have endorsed the submission of the learned Standing Counsel, NHAI and has prayed for dismissal of the writ petition.

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The National Highways Act, 1956 is a comprehensive statute wherein mechanism has been laid for resolution of dispute pertaining to entitlement for compensation as well as for resolving a dispute connected to apportionment of such compensation. In the instant case, it is projected that for the land

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acquired, an amount has already been awarded out of which a major part has been released to the respondent nos. 7 and 8 who, according to the petitioners are strangers having no interest over the land.

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As per Section 3H (3), the Competent Authority has been vested with powers for determining as to the persons who would be entitled to receive the compensation amount. ‘Competent Authority’ has been defined under Section 3(a).

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For the sake of convenience, the relevant provisions of the Act of 1956 are extracted herein below:

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3 Definitions.—In this Act, unless the context otherwise requires,—

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(a) “competent authority” means any person or authority authorised by the Central Government, by notification in the Official Gazette, to perform the functions of the competent authority for such area as may be specified in the notification;

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3H. Deposit and payment of amount.—

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(1) The amount determined under section 3G shall be deposited by the Central Government in such manner asmay be laid down by rules made in this behalf by that Government, with the competent authority before taking possession of the land.

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(2) As soon as may be after the amount has been deposited under sub-section (1), the competent authority shall on behalf of the Central Government pay the amount to the person or persons entitled thereto.

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(3) Where several persons claim to be interested in the amount deposited under sub-section (1), the competent authority shall determine the persons who in its opinion are entitled to receive the amount payable to each of them.

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(4) If any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the 5 dispute to the decision of the principal civil

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court of original jurisdiction within the limits of whose jurisdiction the land is situated.

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(5) Where the amount determined under section 3G by the arbitrator is in excess of the amount determined by the competent authority, the arbitrator may award interest at nine per cent, per annum on such excess amount from the date of taking possession under section 3D till the date of the actual deposit thereof.

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(6)Where the amount determined by the arbitrator is in excess of the amount determined by the competent authority, the excess amount together with interest, if any, awarded under sub-section (5) shall be deposited by the Central Government in such manner as may be laid down by rules made in this behalf by that Government, with the competent authority and the provisions of subsections (2) to (4) shall apply to such deposit.

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This Court has been apprised that it is the Addl. District Commissioner of the concerned district who has been appointed as the Competent Authority (CALA).

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In the instant case, though a representation has been stated to be made by the petitioners, the same does not bear any acknowledgement of receipt. Even without going to that aspect of the matter, the representation appears to have been made before the District Commissioner, who is not the Competent Authority under the Act. At the same time, the petitioners cannot be left remediless and in fact the Act of 1956 provides for a recourse of approaching the appropriate authority.

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In view of the aforesaid discussions, the instant writ petition is closed giving liberty to the petitioners to approach the Competent Authority under Section 3H(3). The application, if filed is required to be considered and disposed of expeditiously and preferably within an outer limit of 3 (three) months from the date of such filing. It is needless to mention that the Competent Authority would consider such representation and pass a Speaking Order by giving an

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opportunity of hearing to all the stakeholders.

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This Court further observes that taking into consideration the facts and circumstances of the case wherein an amount has already been alleged to have been released to unauthorised persons, the petitioners would also have the liberty to approach the appropriate Civil Court for resolution of the dispute, if so advised.

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Writ petition accordingly stands closed.

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JUDGE

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Comparing Assistant

Ahiyat Ali and Anr. v. the State of Assam and 8 Ors.

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Ahiyat Ali and Anr. v. the State of Assam and 8 Ors.

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