Gauhati High Court
WP(C)/3360/2026 of SRI KRISHNA HAZARIKA Vs THE STATE OF ASSAM AND OTHER on 24 June 2026
GAHC010127832026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3360/2026 SRI KRISHNA HAZARIKA S/O LATE RAJI HAZARIKA, R/O VILLAGE -NO. 3 AMTOLA, P.O.- KUKURMARA, P.S.-CHHAYGAON, DISTRICT-KAMRUP, ASSAM, PIN-781134. VERSUS THE STATE
GAHC010127832026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3360/2026
SRI KRISHNA HAZARIKA
S/O LATE RAJI HAZARIKA, R/O VILLAGE -NO. 3 AMTOLA, P.O.- KUKURMARA, P.S.-CHHAYGAON, DISTRICT-KAMRUP, ASSAM, PIN-781134.
VERSUS
THE STATE OF ASSAM AND OTHER
REPRESENTED BY THE COMMISSIONER SECRETARY TO THE
GOVERNMENT OF ASSAM, DEPARTMENT OF LAND ACQUISITION, DISPUR, ASSAM, PIN 781006.
2:THE GENERAL MANAGER P
NATIONAL HIGHWAYS INFRASTRUCTURE
DAKUPARA
BOKO
KAMRUP
ASSAM.
3:THE DISTRICT COMMISSIONER
KAMRUP AT AMINGAON
DISTRICT KAMRUP
ASSAM
ASSAM
PIN 781031.
4:THE CIRCLE OFFICER
CHHAYGAON REVENUE CIRCLE
DISTRICT KAMRUP
ASSAM
PIN 781134
Advocate for the Petitioner : E KHANDAKAR, MR. S DAS,MRS. A DAS
Advocate for the Respondent : GA, ASSAM, SC, NHAI
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
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ORDER
Date : 25.06.2026
Heard Mr. S. Das, learned counsel for the petitioner; Mr. R.K. Talukdar, learned Standing Counsel, NHIDCL for the respondent no. 2; and Mr. N. Das, learned Junior Government Advocate, Assam for the respondent nos. 3 & 4.
2. The petitioner has approached this Court by the present writ petition seeking the following prayers :- [a] a Writ in the nature of Mandamus should not be issued directing/commanding the Respondent Authorities to stop further eviction on Dag no. 554 KP Patta no. 340 the plot of land of the Petitioner before making any notice or payments of Zirat compensation.
[b] a Writ in the nature of Mandamus should not be issued directing/commanding the Respondent Authorities to release the compensation of Zirat of the acquired plot of land of the Petitioner for development of NH- 17.
-AND-
In the interim Stay further eviction in Dag no. 554 KP Patta no. 340 in the scheduled plot of land of the Petitioner till the Final Order of the Hon'ble Court of this Writ Petition.
3. Mr. Talukdar, learned Standing Counsel, NHIDCL has placed the copies of a Notification dated 10.03.2023 issued under Section 3A[1] of the National Highways Act, 1956 and another Notification dated 29.05.2023 issued under Section 3D[2] of the National Highways Act, which were also published in the Official Gazette. He has submitted, in reference to the Notifications, that no area of land within Dag no. 554 & K.P. Patta no. 340 at Revenue Village
– Kukurmara, Mouza – Chhaygaon, Chhaygaon Revenue Circle, District – Kamrup was not brought under the purview of the land acquisition process and the Schedule to the two Notifications do not contain any area of land under Dag no. 554 & K.P. Patta no. 340. The land acquisition process has already been completed and by the Notification dated 29.05.2025 issued under Section 3D[2] of the National Highways Act, the lands described in the Schedule therein has already been vested in the Central Government.
4. Mr. Das, learned counsel for the petitioner has submitted that another area of land under Dag no. 26 under Annual Patta, which is under possession of the petitioner, has been brought within the purview of the land acquisition process. If any such area under Dag no. 26 is brought under the purview of the land acquisition process, the petitioner is at liberty to seek appropriate remedy as permissible under the law.
5. As in the afore-mentioned Notifications, no area of land under Dag no. 554 & K.P. Patta no. 340 has been brought within the purview of the land acquisition process under reference, the writ petition needs no further adjudication and accordingly, the writ petition is closed.
JUDGE Comparing Assistant