Hakim Ali Vs the Union of India

REPRESENTED BY ITS CHAIRMAN MINISTRY OF ROAD TRANSPORT AND HIGHWAY GOVT. OF INDIA HAVING ITS REGISTERED OFFICE AT G.S. AND 6 SECTOR 10 DWARKA NEW DELHI PIN 110075 AND REGIONAL OFFICE AT NEDFI HOUSE 4TH FLOOR G.S. ROAD DISPUR GUWAHATI 06

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4:THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM

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Page No.# 2/7

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REVENUE AND DISASTER MANAGEMENT DISPUR GUWAHATI 06

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5:THE DIST. COMMISSIONER

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DHUBRI DIST. DHUBRI ASSAM PIN 783301

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6:THE COMPETENT AUTHORITY OF LAND ACQUISITION CUM ADDITIONAL DIST. COMMISSIONER

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DHUBRI DIST. DHUBRI ASSAM PIN 783301

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7:THE CIRCLE OFFICER

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GAURIPUR REVENUE CIRCLE DHUBRI DIST. DHUBRI ASSAM PIN 783331

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8:HAMIDUR RAHMAN

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S/O LATE KASHEM ALI R/O VILL. FULKUMARI P.O. KHUDIMARI P.S. GAURIPUR DIST. DHUBRI ASSAM PIN 783331

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9:ROSHNA BIBI @ ROSHNA BEGUM

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D/O LATE KASHEM ALI R/O VILL. FULKUMARI P.O. KHUDIMARI P.S. GAURIPUR DIST. DHUBRI ASSAM PIN 78333

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Page No.# 3/7

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BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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For the Petitioner(s) : Mr. M. Ahmed, Advocate

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For the Respondents(s) : Mrs. R. Borah, CGC

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Mr. N. Goswami, Govt. Advocate Ms. N. Bordoloi, Standing Counsel Mr. B. Choudhury, Standing Counsel Mr. A.Z. Ahmed, Advocate Mr. K.H. Saikia, Advocate

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Date on which judgment was reserved : NA

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Date of pronouncement of judgment : 06.03.2026

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Whether the pronouncement is of the Operative part of the judgment? : NA Whether the full judgment has been pronounced? : Yes

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JUDGMENT AND ORDER (ORAL)

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Heard Mr. M. Ahmed, the learned counsel appearing on behalf of the petitioner. Mrs. R. Borah, the learned CGC appears on behalf of the respondent Nos. 1 and 3; Mr. N. Goswami, the learned Government Advocate appears on behalf of the respondent Nos. 5 to 7; Mr. B. Choudhury, the learned Standing Counsel appears on behalf of the respondent No. 2; Ms. N. Bordoloi, the learned Standing Counsel appears on behalf of the respondent No. 4; Mr. A.Z. Ahmed,

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the learned counsel appears on behalf of the respondent No. 8 and Mr. K.H. Saikia, the learned counsel appears on behalf of the respondent No. 9.

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The present writ petition has been filed by the petitioner being aggrieved by the order dated 25.10.2024 passed by the respondent No. 6 whereby instead of referring the dispute to the learned Court of the Principal Civil Judge, the respondent No. 6 vide the impugned order withheld the disbursement of the land value of the acquired land and further directed that the zirat value be paid to the respondent No. 8.

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This Court has duly taken into consideration that from the materials on record it transpires that the plot of land admeasuring 2 Kathas covered by Dag No. 155 of Patta No. 56 of Village Fulkumari under Mouza Gauripur in the district of Dhubri was acquired in connection with L.A. Case No. 1/2020–21 in favour of the NHIDCL. It is seen that pursuant to such acquisition, the NHIDCL has already deposited the compensation amount as required under Section 3H(1) of the National Highways Act, 1956 (for short, “the Act of 1956”). Disputes have arisen between the petitioner and the respondent Nos. 8 and 9 regarding the entitlement to the compensation and/or the apportionment of the compensation.

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Taking into account that such disputes cannot be decided by the

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respondent No. 6 in terms with Section 3H(3) of the Act of 1956, the same ought to have been referred in terms with Section 3H(4) of the Act of 1956 to the learned Court of the Principal Civil Judge within whose jurisdiction the land has been acquired. In this regard reference can be made to the judgment of the Supreme Court in the case of Vinod Kumar & Others Vs. District Magistrate, Mau & Others reported in (2023) 19 SCC 126 wherein the Supreme Court observed at paragraph No. 25 as follows:

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“ 25. The scheme of the 1956 Act and the statutory provisions referred to above makes it very clear that once any land is acquired under the 1956 Act, the competent authority is obliged to pay an amount by way of compensation. There is a procedure which has been prescribed under Section 3-G of the 1956 Act. Sub-section (5) of Section 3-G makes it abundantly clear that if the amount determined by the competent authority under sub-section (1) or sub-section (2) of Section 3-G is not acceptable to either of the parties, the amount will have to be determined by the arbitrator who may be appointed by the Central Government on the strength of an application by either of the parties. Section 3-H provides that the amount determined towards compensation under Section 3-G will have to be deposited by the Central Government in accordance with the rules. It is only after such amount is deposited by the competent authority that the possession of the land can be taken. Sub-section (4) of Section 3-H talks about apportionment of the amount. The language of sub-section (4) of Section 3-H is plain and simple. It provides that if any disputes arises as to the apportionment of the amount or any part thereof, the competent authority is obliged to refer the dispute to the decision of the Principal Civil Court of Original Jurisdiction within the limits of whose jurisdiction the land is situated.”

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It is seen that vide the impugned order dated 25.10.2024, the

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respondent No. 6 instead of making a reference to the learned Court of the Principal Civil Judge within whose jurisdiction the land has been acquired, decided to withhold the said amount till the disposal of Title Suit No. 81/2024 and further directed that certain amounts be paid to the respondent No. 8 on the ground that he was found to be in possession.

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Taking into account the above, it is the opinion of this Court that the respondent No. 6 ought to have made a reference to the learned Court of the Principal Civil Judge, which would be the learned Court of the District Judge, Dhubri, to decide as regards the entitlement and/or the apportionment of the compensation as per law.

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This Court further takes note of that some compensation have already been disbursed to the respondent No. 8 in the meantime on the basis that the respondent No. 8 being in possession is the owner of the zirat. It is the opinion of this Court that these disputed questions are required to be decided by the learned Court of the District Judge, Dhubri in the present case.

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Accordingly, the instant writ petition stands disposed of with the following observations and directions:

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(i) The order dated 25.10.2024 passed by the respondent No. 6 which is impugned in the present proceedings is hereby

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interfered with.

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(ii) The respondent No. 6 is directed upon service of a certified copy of the present judgment and order to make a reference within 15 (fifteen) days therefrom to the learned Court of the District Judge, Dhubri to decide the question of entitlement and/or apportionment of the compensation in respect to the land admeasuring 2 Kathas covered by Dag No. 155 of Patta No. 56 of Village Fulkumari under Mouza Gauripur in the district of Dhubri amongst the petitioner and the respondent Nos. 8 and 9.

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(iii) Any amount paid to the respondent No. 8, in the meantime shall be subject to the outcome of the said reference proceedings.

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JUDGE

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Digitally signed by Satyam Sharma Date: 2026.03.09 23:15:15 +05'30' Comparing Assistant

Hakim Ali v. the Union of India

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Hakim Ali v. the Union of India

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