Shahjahan Ali and 4 Ors. Vs the State of Assam and 5 Ors.

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GAHC010143092024

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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)/3694/2024

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SHAHJAHAN ALI AND 4 ORS

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S/O- LATE KULE MAMUD, RESIDENT OF KISMAT HASDAHA PT-II, P.O. KISMAT HASDAHA, P.S. DHUBRI, DIST.- DHUBRI, ASSAM

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2: FAYZER ALI S/O- LATE KULE MAMUD RESIDENT OF KISMAT HASDAHA PT-II P.O. KISMAT HASDAHA P.S. DHUBRI DIST.- DHUBRI ASSAM

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3: ABDUL BARI S/O- LATE KULE MAMUD RESIDENT OF KISMAT HASDAHA PT-II P.O. KISMAT HASDAHA P.S. DHUBRI DIST.- DHUBRI ASSAM

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4: FAYEJ ALI S/O- LATE KULE MAMUD RESIDENT OF KISMAT HASDAHA PT-II P.O. KISMAT HASDAHA P.S. DHUBRI DIST.- DHUBRI ASSAM

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5: RIPON AHMED S/O- LATE SARKAT ALI @ SAROJ ALI RESIDENT OF KISMAT HASDAHA PT-II P.O. KISMAT HASDAHA P.S. DHUBRI DIST.- DHUBRI

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ASSA

VERSUS

THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI- 781006 2:NATIONAL HIGHWAYS AUTHORITY OF INDIA REPRESENTED BY ITS CHAIRMAN SECTOR-10 DWARKA NEW DELHI- 110075 3:THE DISTRICT COMMISSIONER DHUBRI PO- DHUBRI DIST.- DHUBRI ASSAM PIN- 783301 4:THE ADDITIONAL DISTRICT COMMISSIONER (LAND ACQUISITION BRANCH) DHUBRI PO- DHUBRI DIST.- DHUBRI ASSAM PIN- 783301 5:THE CIRCLE OFFICER DHUBRI REVENUE CIRCLE PO- DHUBRI DIST.- DHUBRI ASSAM PIN- 783301 6:BACHU SK @ BACHACHU SHEIKH S/O- LATE DHULU SHEIKH @ DOLU SK RESIDENT OF KISMAT HASDAHA PT-II P.O. KISMAT HASDAHA P.S. DHUBRI DIST.- DHUBRI ASSAM PIN- 783334

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7:THE NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD UNDER THE MINISTRAY OF ROAD

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TRANSPORT AND HIGHWAYS GOVERNMENT OF INDIA REPRESENTED BY ITS CHAIRMAN HEAD OFFICE AT 1ST AND 2ND FLOOR TOWERA WORLD TRADE CENTRE HAUROJI NAGAR NEW DELHI-11002

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Advocate for the Petitioner : Mr. S Islam, Advocate Advocate for the Respondent : Mr. C Baruah, CGC, NHAI Ms. N Bordoloi, Standing Counsel Mr. J. Handique, Govt. Advocate

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Mr. S. Alam, Counsel

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BEFORE

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HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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Date : 06.03.2026

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Heard Mr S. Islam, the learned counsel appearing on behalf of the petitioner and Ms. N Bordoloi, the learned Standing Counsel appearing on behalf of the respondent no.1. I have also heard Mr. C. Baruah, the learned CGC appearing on behalf of the respondent Nos. 2 and 7; Mr. J. Handique, the learned Government Advocate appearing on behalf of the respondent nos. 3, 4 and 5 Mr. S Alam, the learned Counsel appearing on behalf of respondent No.6. and

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The petitioners herein claim that they are original owners and pattadars of a plot of land admeasuring 2B-2K-10L covered by Dag No. 61, Patta No.279 situated at village Kismathasdaha Pt-II under the Revenue Circle, Dhubri in the district of Dhubri, Assam, which was acquisition in LA Case No. 14/2016 and an Award bearing No. 380, Pkg No.02 had been passed in terms with Section 3G(1) of the National Highways Act, 1956, (for short ‘the Act of 1956’) awarding an amount of Rs. 58,42,334/-.

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It is the case of the petitioners that the respondent No. 6 has shown his name as a possessor in respect to the said land though he has no possession but an amount of Rs. 17,80,092/out of Rs. 58,42,334/- have been allocated against his name. The petitioners submitted objection before the respondent No.3. However, the same have not been taken into consideration, the petitioners have approached this Court.

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I have also heard Mr. S. Alam, the learned counsel appearing on behalf of respondent No.6, who submitted that the respondent No.6 has received an amount of Rs. 19,61,210/against the Dag No. 57, Patta No. 6 at village Kismathasdaha, Part-II under Dhubri Revenue Circle in the district of Dhubri, Assam and not against the land claimed by the petitioners.

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In view of the submissions so made on behalf of the

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respondent No. 6, it therefore appears that the amount so received by respondent No.6 has no relation with the lands claimed by the petitioners to be their own land. Be that as it may, a dispute has arisen amongst the petitioners and the respondent No.6 as regards to the entitlement and/or the apportionment of the compensation in respect to the land.

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At this stage, the Court finds it pertinent to take note of Section 3H(4) of the Act of 1956, which stipulates when there is a dispute the same shall be referred to the Court of the Principal Civil Judge within whose jurisdiction the land is situated.

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Taking into account the above, it is therefore the opinion of this Court that the dispute as regards entitlement and apportionment of the compensation pertaining to land claimed by the petitioners in their objection filed on 25.08.2023, before the respondent No.3., is required to be referred to the Court of the learned District Judge, Dhubri for a decision in terms with Section 3H(4) of the Act of 1956.

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Accordingly, the instant writ petition stands disposed of, thereby directing the respondent Nos. 3 and 4 and more particularly, respondent no.4 to take effective steps to refer the dispute to the Court of the learned District Judge, Dhubri within a period of 15 days from the date as certified copy of the present

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order is served upon the respondent No.4.

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9. Writ petition accordingly stands disposed of.

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JUDGE

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Comparing Assistant

Shahjahan Ali and 4 Ors. v. the State of Assam and 5 Ors.

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Shahjahan Ali and 4 Ors. v. the State of Assam and 5 Ors.

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