Anna Sheikh Vs Union of India and 4 Ors.

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GAHC010239062024

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2026:GAU-AS:6797

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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)/6056/2024

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ANNA SHEIKH S/O- LATE FARAS SHEIKH, RESIDENT OF VILLAGE- DEBATTAR BARUNDANGA, P.O.-MOTERJHAR, P.S.- GOLAKGANJ, UNDER GOLAKGANJ REVENUE CIRCLE, PIN CODE- 783334, DISTRICT- DHUBRI, ASSAM.

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VERSUS

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UNION OF INDIA AND 4 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, ROAD TRANSPORT DEPARTMENT, NEW DELHI.

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2:NATIONAL HIGHWAY AUTHORITY OF INDIA REPRESENTED BY CHAIRMAN

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SECTOR-10 DWARAKA DELHI. 3:DISTRICT COLLECTOR (LAND ACQUISITION BRANCH) DHUBRI P.O.- DHUBRI DISTRICT- DHUBRI ASSAM.

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4:ADDITIONAL DISTRICT COLLECTOR (LAND ACQUISITION BRANCH) DHUBRI P.O.- DHUBRI

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DISTRICT- DHUBRI ASSAM. 5:CIRCLE OFFICER GOLAKGANJ REVENUE CIRCLE P.O.- GOLAKGANJ PIN CODE- 79334 DISTRICT- DHUBRI ASSAM.

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6:NATIONAL HIGHWAYS INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED REPRESENTED BY THE DEPUTY GENERAL MANAGER SUB-BRANCH OFFICE DHUBRI WARD NO-16 G.T.B. ROAD P.O.- DHUBRI DIST.-DHUBRI ASSAM PIN-783324

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Advocate for the Petitioner : MR. S NATH, MR. N G KUNDU,R SAHA

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

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BEFORE

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HONOURABLE MR. JUSTICE ANJAN MONI KALITA

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ORDER

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Date : 18-05-2026

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Heard Mr. S. Nath, learned counsel, appearing on behalf of the petitioner. Also heard Mr. C. Baruah, learned counsel, appearing for the respondent nos. 1, 2 & 6 as well as Mr. N. Das, learned counsel, appearing for respondent nos. 3, 4 & 5.

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2. The petitioner’s case is that the petitioner is the owner and possessor of a plot of land measuring 1 Katha 5 Lechas at village, Debattar Barundanga covered by K.M. Patta No. 32 and Dag No. 60 under Golakganj Revenue Circle, P.S. Golakganj, in

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the district of Dhubri, Assam. The petitioner purchased the said plot of land from one Soleman Sheikh, vide registered sale deed dated 13.10.1998 and also mutated his name in the Jamabandi. It is contended that the petitioner has a residential house and there is Zirat in the said portion of the land. From the aforesaid plot of land, 9 Lechas of land was acquired by the respondent authorities under L.A. Case No. 14/2016 for construction and up-gradation of NH-127B under the project of NH-127B, PKG-III from KM 27.650 to 28.960 and 29.960 to KM 36.500 in Dhubri district. It is contended by the petitioner that in respect of the aforesaid acquisition, a survey was conducted by the concerned Circle Officer through the Lat Mandal on the demolished house of the petitioner and accordingly, the report was submitted for payment of compensation for the acquisition of land. It is contended that though certain amounts have been received by the petitioner for the portion of land acquired, however, the land wherein his house was existing and the same was demolished during the acquisition, no payment was made to the petitioner.

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3. The learned counsel, appearing for the petitioner submits that though several representations have been made before the concerned authorities, nothing has come forth as yet.

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4. The stand taken by the respondent authorities, i.e., the State respondent, is that the land in question is not in possession with the petitioner rather the same is possessed by one Nabijan Bewa, thereby, raising a dispute about the possession of the concerned land.

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5. The petitioner, in his affidavit-in-reply has contended that he is one of the copattadar along with others mentioned in the survey report. It is contended that though the stand taken by the respondent that Zirat amount for the aforesaid acquisition has already been paid to the co-pattadars, the petitioner is yet to receive

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any Zirat for the concerned land in question.

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6. Mr. C. Baruah, learned Standing Counsel, NHIDCL, submits that whatever assessment that has been made by the State respondent authorities for acquisition of land and compensation that has been calculated, has already been deposited with the State authorities for disbursement.

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7. It is seen from the record as well as from the submissions made by the respective counsel appearing in the case that there is some dispute regarding the possession of land in question and consequent payment of Zirat compensation to the concerned persons, who are the co-pattadars of the land.

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8. Since there is a fact arisen here, which is in dispute and a representation dated 27.08.2024, which is already filed by the petitioner before the District Collector (Land Acquisition Branch, Dhubri) to enquire into the matter and find out the actual possessor of the land in question, this Court is of the considered view that this present petition can be disposed of by remanding the same to the District Collector (Land Acquisition Branch, Dhubri) for disposal of the representation submitted by the petitioner before it.

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9. It is also made clear that if the District Collector (Land Acquisition Branch, Dhubri) so desires, he can place the aforesaid representation before the proper authority, as designated or authorized for the disposal of the matter.

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10. In terms of the aforesaid, it is directed that the representation that is pending before the District Collector (Land Acquisition Branch, Dhubri) shall be disposed of within a period of six (6) weeks from the date of submission of a certified copy of this order.

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11. The petitioner shall submit a certified copy of the instant order before the

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concerned authority, i.e., the District Collector (Land Acquisition Branch, Dhubri) at the earliest for doing the needful.

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12. In view of the above observations and directions, the instant writ petition is disposed of.

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JUDGE

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Comparing Assistant