Gauhati High Court
I.A.(Civil)/1757/2026 of THE UNION OF INDIA and ORS Vs SMT KANDURI BALA RAY on 12 July 2026
GAHC010105822026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1757/2026 THE UNION OF INDIA and ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF ROAD, TRANSPORT AND HIGHWAYS, GOVERNMENT OF INDIA,
GAHC010105822026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1757/2026
THE UNION OF INDIA and ORS
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF ROAD, TRANSPORT AND HIGHWAYS, GOVERNMENT OF
INDIA, TRANSPORT BHAWAN, 1, PARLIAMENT STREET, NEW DELHI- 110001
2: THE NATIONAL HIGHWAYS AUTHORITY OF INDIA
INDIA NHAI
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS
HQ G- 5 AND 6
SECTOR-10
DWARKA
NEW DELHI- 110075
3: THE GENERAL MANAGER FINANCE
NATIONAL HIGHWAYS AUTHORITY OF INDIA
HQ G- 5 6
SECTOR-10
DWARKA
NEW DELHI- 110075
4: THE PROJECT DIRECTOR
NATIONAL HIGHWAYS AUTHORITY OF INDIA NHI
BONGAIGAON
P.O. AND DISTRICTBONGAIGAON
PIN- 783380
ASSA
VERSUS
SMT KANDURI BALA RAY
W/O LT. HARKESWAR RAY, R/O VILL- NOWAPARA NO. 1, P.O.- NOWAPARA,DIST- BONGAIGAON, PIN-783392, ASSAM
2:SMT SHUKRA WALA RAY
W/O LT. MONESWAR RAY R/O VILL- NOWAPARA NO. 1 P.O.- NOWAPARA
DIST- BONGAIGAON PIN-783392 ASSAM
3:DURGESWAR RAY
S/O LT. HARESWAR RAY R/O VILL- NOWAPARA NO. 1 P.O.- NOWAPARA
DIST- BONGAIGAON PIN-783392 ASSAM
4:SUCHOMA BEGUM
C/O JAFOR ALI R/O VILL- BHATIPARA P.O.- NOWAPARA DIST- BONGAIGAON PIN-783392 ASSAM
5:JAKIR HUSSAIN
S/O LT. HANIF ALI R/O VILL- NAGARJHAR P.O.- DAKSHIN BIJNI DIST- BOBGAIGAON PIN-783390
6:ALI AHMED
S/O LT. BASHIRUDDIN AHMED R/O VILL- NACHANKURI NO. 1 DIST- BONGAIGAON PIN-783390 ASSAM
7:RAMAYAN CHOUHAN
S/O LT. RAMBRISH CHOUHAN R/O VILL- BALAJAN TINIALI P.O.- HALTUGAON DIST- KOKRAJHAR PIN-783370 ASSAM
8:ASHWANI CHAUHAN ALIAS ASHWINI CHOUHAN
S/O LT. SUDARSHAN CHAUHAN R/O VILL- MONAKOCHA P.O.- BIJNI DIST- BONGAIGAON PIN-783390 ASSAM
9:CHOTALAL CHOUHAN
S/O BALLA CHOUHAN R/O VILL- MONAKOCHA P.O.- BIJNI DIST- BONGAIGAON PIN-783390 ASSAM
10:MAHEN CHANDRA RAY ALIAS MAHEN RAY
S/O LT. GANGA CHARAN RAY R/O VILL AND P.O.- NOWAPARA NO.1 DIST- BONGAIGAON PIN-783392 ASSAM
11:SABETRI BALA ROY ALIAS SOHEBALA ROY
W/O LT. ROBEN ROY R/O VILL- BARBILA P.O.- MANIKPUR DIST- BONGAIGAON PIN-783392 ASSAM
12:ZAKIR HUSSAIN
S/O LT. APSAR ALI R/O VILL- BHATIPARA P.O.- NOWAPARA NO. 1 DIST- BONGAIGAON PIN-783392 ASSAM
13:THE STATE OF ASSAM
REP. BY THE SECRETARY TO THE GOVT. OF ASSAM
REVENUE SETTLEMENT DEPARTMENT
DISPUR GUWAHATI 781006 ASSAM
14:THE DISTRICT COMMISSIONER
BONGAIGAON
PO AND DIST BONGAIGAON
ASSAM
783380
15:THE CIRCLE OFFICER
BIJNI REVENUE CIRCLE
BONGAIGAON
PO BIJNI
DIST BONGAIGAON
783390 ASSA
Advocate for the Petitioner : MR C BARUAH, SC, NHAI
Advocate for the Respondent : GA, ASSAM, SC, REVENUE,MR S C DAS
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
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ORDER
Date : 13-07-2026 Heard Mr. C. Baruah, learned counsel for the applicants; Ms. D.R. Bongshiary, learned counsel for the opposite party nos. 1 – 12; Mr. A. Bhattacharyya, learned Standing Counsel, Revenue Department for the opposite party no. 13; and Ms. M. Barman, learned Junior Government Advocate, Assam for the opposite party nos. 14-15.
2. The four applicants herein are impleaded as respondent nos. 1, 4, 5 & 6 in the accompanying writ petition, W.P.[C] no. 3496/2025.
3. In the accompanying writ petition, the opposite party nos. 1 -12 herein are the writ petitioners. The writ petition has been filed seeking inter alia a direction to the respondent authorities, more particularly, the respondent authorities in the National Highways Authority of India [NHAI] to grant the benefits in the forms of solatium @ 30% and interest @ 12% under Section 23[2] and Section 23[1] respectively of the Land Acquisition Act, 1894 [since repealed], to them as their lands have been acquired under the provisions of the National Highways Act, 1956.
4. In the course of the writ proceedings, the Court, on 23.03.2026, recorded a submission of the learned counsel appearing for the respondent NHAI authorities therein, that is, the applicants herein, to the effect that the respondent authorities in the NHAI would extend the benefit of solatium @ 30% and interest @ 12% along with interest accrued thereon on or before 22.05.2026 to the petitioners i.e. the opposite party nos. 1 – 12 herein.
5. The instant application is filed by the applicants seeking extension of the time period to abide by the Order dated 23.03.2026.
6. Mr. Baruah, learned counsel for the applicants has submitted that after disposal of a review petition, Review Petition [Civil] no. 2528/2025 in Miscellaneous Application no. 1773/2021 in Civil Appeal no. 7064/2019 [National Highways Authority of India vs. Tarsem Singh and others] on 25.03.2026, the issue has been taken up by the NHAI with the Ministry of Road Transport and Highways [MoRT&H], Government of India and a Standard Operating Procedure [SOP] is being prepared. He has submitted and it is averred in the application that only after issuance of the SOP, which is presently under preparation, it will be possible to abide by the Order dated 25.03.2026 and citing it as the reason, the instant application seeking extension of time period has been filed.
7. The time limit of about two months up to 22.05.2026 was recorded by this
Court on the basis of the submission made by the learned counsel appearing for the applicants-respondent authorities in the NHAI that benefits of solatium @ 30% and interest @ 12% along with interest accrued thereon would be extended to the petitioner. In this instant application, it is noticed that no fixed time period for extension has been sought for, whereas on 23.03.2026 a time period of two months was sought for. After seeking a time period of two months on 23.03.2026, an application seeking extension of time period of indefinite nature, which will be at least till preparation of the SOP, in the considered view of this Court, is not tenable.
8. At this stage, Mr. Baruah, learned counsel appearing for the applicants has submitted that though the application was filed in May, 2026, the application has been listed for the first time today and a period of two months from today would be reasonable and sufficient for the applicants to comply with the direction made in the Order dated 23.03.2026.
9. Having found the above submission of the learned counsel for the applicants regarding the extension of time period reasonable, the instant application is allowed to the extent indicated below.
10. The applicants i.e. the respondent authorities in the NHAI in the accompanying writ petition are allowed to extend the benefits of solatium @ 30% and interest @ 12% along with interest accrued thereon within a period of two months from today i.e. on or before 13.09.2026.
JUDGE Comparing Assistant