Gauhati High Court

WP(C)/6255/2024 of MOFIDA DEWAN @ MOFIJAN DEWAN Vs THE STATE OF ASSAM AND 6 ORS on 1 September 2026

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GAHC010244982024 2026:GAU-AS:12678 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6255/2024 MOFIDA DEWAN @ MOFIJAN DEWAN W/O- SOFIOR RAHMAN, R/O- VILL- HARKATA MUSLIMPARA, P.O.- HATIPOTA, P.S.- CHAPAR, DISTRICT- DHUBRI, ASSAM, PIN- 783348.

GAHC010244982024

2026:GAU-AS:12678

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/6255/2024

MOFIDA DEWAN @ MOFIJAN DEWAN

W/O- SOFIOR RAHMAN,

R/O- VILL- HARKATA MUSLIMPARA,

P.O.- HATIPOTA,

P.S.- CHAPAR,

DISTRICT- DHUBRI, ASSAM,

PIN- 783348.

VERSUS

THE STATE OF ASSAM AND 6 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.

OF ASSAM,

REVENUE AND DISASTER MANAGEMENT,

DISPUR, GUWAHATI-6.

2:THE COMMISSIONER OF DHUBRI DISTRICT- DHUBRI (LAND

ACQUISITION BRANCH)

P.O.- DHUBRI (HEAD OFFICE)

DIST.- DHUBRI

ASSAM

PIN- 783301.

3:THE ADDL. DISTRICT COMMISSIONER AND COMPETENT AUTHORITY

LAND ACQUISITION

DHUBRI

P.O.- DHUBRI (HEAD OFFICE)

DIST.- DHUBRI

ASSAM

PIN- 783301.

4:THE CIRCLE OFFICER

CHAPAR REVENUE CIRCLE

CHAPAR

P.O.- CHAPAR

DIST.- DHUBRI

ASSAM

PIN- 783371.

5:THE OFFICER IN CHARGE OF THE CHAPAR POLICE STATION

P.O- CHAPAR

DIST.- DHUBRI

PIN- 783371.

6:JAKIR HUSSAIN

S/O- ABDUL HAMID

R/O- VILLAGE- CHAUTAKI PART-II

P.O.- SALAKATI

P.S.- KOKRAJHAR

DIST.- KOKRAJHAR

ASSAM

PIN- 783369.

7:ABHIJIT DAS

S/O- LT. BHADRESWAR DAS

R/O- VILL.- KHARIDA GOSAIGAON

P.O.- CHAPAR

DIST.- DHUBRI

ASSAM

PIN- 783371

For the Petitioner(s) : Mr. M.A. Sheikh, Advocate For the Respondent(s) : Mr. B.J. Talukdar, Sr. Govt. Advocate Mr. P.K. Medhi, Govt. Advocate Ms. P.R. Mahanta, Standing Counsel Mr. K.M. Hassan, Advocate Mr. B. Barman, Advocate BEFORE

HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

Date : 02.09.2026

Heard Mr. M.A. Sheikh, the learned counsel for the petitioner. Ms. P.R. Mahanta, the learned Standing Counsel appears on behalf of the respondent No. 1; Mr. B.J. Talukdar, the learned Senior Government Advocate assisted by Mr. P.K. Medhi, the learned Government Advocate appears on behalf of the respondent Nos. 2 to 5; Mr. K.M. Hassan, the learned counsel appears on behalf of the respondent No. 6; and Mr. B. Barman, the learned counsel appears on behalf of the respondent No. 7.

2. The petitioner herein claims to be an occupier of a plot of land admeasuring 0 Bigha 0 Katha 7.26 Lechas covered by Dag No. 326 of Village Kharida, Gossaigaon which is the subject matter of acquisition in LA Case No. 04/2023.

3. Upon acquisition of the land under the National Highways

Act, 1956, an award statement was prepared in respect of the said land wherein a total compensation of Rs. 7,93,741/- was awarded. Out of the said amount, Rs. 3,15,909/- was awarded to the respondent No. 7; Rs. 4,72,474/- was awarded to the petitioner; and Rs. 5,358/- to one Sanjit Das.

4. Subsequent thereto, the respondent No. 6 placed a Registered Deed before the Additional District Commissioner, Dhubri who is also the Competent Authority of Land Acquisition claiming the right over the land as well as the building. On the basis thereof, an order was passed on 03.09.2024 thereby directing the petitioner to return the amount of Rs. 4,72,474/-.

5. In addition to that, the petitioner on coming to learn about the order dated 03.09.2024 further submitted a review petition before the Competent Authority of Land Acquisition. However, the same was again rejected vide the order dated 26.09.2024 and the petitioner was given three days' time to return the amount. It is under such circumstances, the petitioner has approached this Court by filing the present writ petition.

6. Mr. M.A. Sheikh, the learned counsel for the petitioner submitted that the house standing over the land in question belongs to the petitioner inasmuch as the petitioner had constructed the house and accordingly, the compensation for the house was assessed and given to the petitioner.

7. On the other hand, the learned counsel for the respondent No. 6 submitted that it is the respondent No. 6 who had constructed the house after purchasing the land. The learned counsel, therefore, submitted that the petitioner was not entitled to the compensation.

8. It is the opinion of this Court that such dispute cannot be decided by the Competent Authority of Land Acquisition in terms with Section 3H(3) of the National Highways Act, 1956.

9. The dispute between the petitioner and the respondent No. 6 is a dispute of a complex nature which has to be adjudicated only by the learned Reference Court, i.e., the Court of the learned Principal Civil Judge within whose jurisdiction the land has been acquired.

10. Taking into account the above, it is the opinion of this Court that the Competent Authority of Land Acquisition, i.e., the Additional District Commissioner, Dhubri instead of passing the orders dated 03.09.2024 and 26.09.2024 ought to have referred such dispute to the learned Reference Court.

11. Accordingly, this Court disposes of the instant writ petition with the following observations and directions:

(i) The impugned orders dated 03.09.2024 and 26.09.2024

are set aside and quashed.

(ii) The respondent No. 3 is directed to refer the dispute within 15 days from the date of receipt of the certified copy of the present order to the Court of the learned District Judge, Dhubri for adjudication as to whether the petitioner is entitled to the compensation for the house standing over the acquired land or the respondent No. 6 is so entitled.

(iii) The learned District Judge, Dhubri upon receipt of the Reference shall adjudicate the same within the contours of the powers conferred under Section 3H(4) of the National Highways Act, 1956 and thereupon pass appropriate directions.

(iv) The interim order passed earlier stands vacated.

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