Disposed

Saju Barbhuiya and 7 Ors. v. the Union of India and 7 Ors.

Gauhati HC3 Jun 2026WP(C)/2895/2026

Case brief

AI extract

What is this about?

Landowners whose structures were left out of a compensation assessment following acquisition for highway widening sought zirat valuation and compensation. The court directed them to file fresh representations before the District Commissioner within ten days, to be decided within fifteen days thereafter.

What did the court decide?

Petitioners to file individual representations within ten days; District Commissioner to dispose of them within fifteen days; status quo maintained till disposal.

Saju Barbhuiya and 7 Ors. Vs the Union of India and 7 Ors. — Land Acquisition | Gauhati HC (2026)

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GAHC010108232026

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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)/2895/2026

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SAJU BARBHUIYA AND 7 ORS

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S/O LT. TAJ UDDIN BARBHUIYA. R/O VILL-KASHIPUR PART-II, P.O.KASHIPUR, DIST.-CACHAR, ASSAM

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2: AKBAR HUSSAIN BARBHUIYA S/O LT. KUTUB UDDIN BARBHUIYA R/O VILL-KASHIPUR PART-II P.O.-KASHIPUR

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DIST.-CACHAR ASSAM

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3: SABUL HUSSAIN BARBHUIYA S/O LT. KUTUB UDDIN BARBHUIYA

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R/O VILL-KASHIPUR PART-II P.O.-KASHIPUR

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DIST.-CACHAR ASSAM

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4: FARUK AHMED BARBHUIYA S/O LT. SONAHAR ALI BARBHUIYA

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R/O VILL-KASHIPUR PART-II P.O.-KASHIPUR

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DIST.-CACHAR ASSAM

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5: KHAIRUN NESSA MAZUMDER W/O LATE ABDUL WAHID MAZUMDER R/O VILL-KASHIPUR PART-II P.O.-KASHIPUR DIST.-CACHAR ASSAM

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6: JALIL AHMED BARBHUIYA S/O LATE SONHAR ALI BARBHUIYA R/O VILL-KASHIPUR PART-II P.O.-KASHIPUR DIST.-CACHAR ASSAM

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7: SANJIB KUMAR DAS S/O LATE GYANENDRA DAS R/O VILL-KASHIPUR PART-II P.O.-KASHIPUR DIST.-CACHAR ASSAM

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8: DILIP KUMAR DAS S/O LATE GYANENDRA DAS R/O VILL-KASHIPUR PART-II P.O.-KASHIPUR DIST.-CACHAR ASSA

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VERSUS

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THE UNION OF INDIA AND 7 ORS

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REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAWAN-1, PARLIAMENT STREET, NEW DELHI-110001.

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2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI-06.

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3:THE DISTRICT COMMISSIONER CUM COMPETENT AUTHORITY OF LAND ACQUISITION CACHAR SILCHAR-01.

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4:THE ADDITIONAL DISTRICT COMMISSIONER CUM COMPETENT AUTHORITY OF LAND ACQUISITION CACHAR SILCHAR-01.

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5:THE SETTLEMENT OFFICER CACHAR SILCHAR-01.

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6:THE CIRCLE OFFICER SADAR REVENUE CIRCLE CACHAR SILCHAR-01.

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7:THE NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD (NHIDCL) REPRESENTED BY THE DEPUTY GENERAL MANAGER NHIDCL CACHAR SILCHAR-01.

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8:THE SUPERINTENDING ENGINEER PWD BUILDING CACHAR SILCHAR-01

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Advocate for the Petitioner : MR. M KHAN, MR. R. AHMED

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

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BEFORE HONOURABLE MR. JUSTICE KARDAK ETE

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ORDER

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Date : 04.06.2026

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Heard Mr. M. Khan, learned counsel for the petitioners and Mr. H. Sarma, learned Addl. Senior Government Advocate for the respondent Nos. 3 to 6 as well as Ms. R. Bora, learned Standing Counsel, NHIDCL. Also heard Mr. A. Bhattacharjee, learned Standing Counsel, Revenue Department and Mr. B. Choudhury, learned Standing Counsel, PWD Department.

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Having considered that the similar matter has already been considered and disposed of by a Coordinate Bench of this Court and as agreed to by the learned counsel for the parties, this writ petition is being disposed of at the motion stage itself.

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By filing this writ petition, the petitioners pray for assessment of the zirat value of the petitioners’ structures and payment of compensation thereof.

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The case of the petitioners is that the Government of India, Ministry of Shipping, Road Transport and Highways, by a Notification dated 05.01.2023, acquired the land in question for the purpose of widening/four-laning under the operation of

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NH-37 and NH-306, falling within the stretch of land from K.M. 0.000 to K.M. 20.000 in the district of Cachar. The respondent authorities, after surveying the scheduled land, inadvertently failed to assess the structures/zirats of certain structures belonging to the petitioners on the land in question. Accordingly, the petitioners approached respondent No. 3, whereafter the respondent No. 3 informed the respondent No. 5 to conduct a joint field verification. Despite the same, no joint verification has been conducted till date.

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On the contrary, notices have been issued to the petitioners to hand over possession and to submit claim documents to establish that the structures were built prior to the 3A Gazette Notification. Upon receipt of such show cause notices, the petitioners submitted separate representations, which are still pending for disposal.

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The counsels for the respondents have submitted that since the award has already been passed under Section 3D of the National Highways Act, 1956, the District Commissioner -cum- Collector has become functus officio. The counsels for the respondent further submit that if the petitioners remain aggrieved, they may approach the Arbitrator under Section 3G of the National Highways Act, 1956. Having submitted above, however, the counsels for the respondent fairly submit that since the similar matter has already been disposed of by this Court, they have little scope to submit any further.

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Ultimately, learned counsel appearing for the parties have submitted at the Bar that, since the representations submitted by the petitioners are pending before the respondent authorities, the instant writ petitions may be disposed of by directing the respondents to dispose of the representations in accordance with law.

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This Court, upon hearing the learned counsel for the parties, perusing the

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materials available on record, and noting that the representations seeking grant of complete and correct compensation after assessing the zirat value of the left-out structures at Mouza-Kashipur Part-II, Porgana, for which show cause notices were issued by the respondent authorities, particularly respondent No. 4 and as a judicial discipline and propriety, I deem it fit, in the interest of justice, to dispose of the writ petition by directing the District Commissioner to dispose of the representations filed by the petitioners.

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The petitioners shall file fresh representation individually before the District Commissioner, Cachar within ten days from today. On receipt of the representations that may be filed, the District Commissioner, Cachar shall consider and dispose of the same within fifteen days thereafter, in accordance with law.

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Till the disposal of the said representations, status-quo as on today shall be maintained.

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With the above observation, the writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Saju Barbhuiya and 7 Ors. v. the Union of India and 7 Ors.

Case brief

What is this about?

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Saju Barbhuiya and 7 Ors. v. the Union of India and 7 Ors.

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