Gauhati High Court

WP(C)/2716/2026 of SITARAM KANOO AND 17 ORS Vs THE UNION OF INDIA AND 3 ORS on 7 June 2026

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GAHC010099422026 2026:GAU-AS:7975 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2716/2026 SITARAM KANOO AND 17 ORS S/O LATE SIBA PRASAD KANOO, R/O VILLAGE PALOICHERRA PART II, P.O. SULTANICHERRA, DIST. HAILAKANDI, ASSAM 2: KESHAB PRASAD

GAHC010099422026

2026:GAU-AS:7975

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/2716/2026

SITARAM KANOO AND 17 ORS

S/O LATE SIBA PRASAD KANOO, R/O VILLAGE PALOICHERRA PART II, P.O.

SULTANICHERRA, DIST. HAILAKANDI, ASSAM

2: KESHAB PRASAD KANU

S/O SRI PRASHAD KANU R/O VILLAGE PALOICHERRA PART II

P.O. SULTANICHERRA

DIST. HAILAKANDI

ASSAM

3: MIRA KANU

D/O LATE BRAJARANGI KANU R/O VILLAGE PALOICHERRA PART II

P.O. SULTANICHERRA

DIST. HAILAKANDI

ASSAM

4: SUBODH KANU

S/O LATE PUJAN KANU R/O VILLAGE PALOICHERRA PART II

P.O. SULTANICHERRA

DIST. HAILAKANDI

ASSAM

5: PRATIMA KANU

D/O LATE PUJAN KANU R/O VILLAGE PALOICHERRA PART II

P.O. SULTANICHERRA

DIST. HAILAKANDI

ASSAM

6: BIDYA SAGAR KANU

S/O LATE PUJAN KANU R/O VILLAGE PALOICHERRA PART II

P.O. SULTANICHERRA

DIST. HAILAKANDI

ASSAM

7: RAJEN KANU

S/O BRAJARANGI KANU R/O VILLAGE PALOICHERRA PART II

P.O. SULTANICHERRA

DIST. HAILAKANDI

ASSAM

8: PRATAP DAS

S/O LATE RANJIT DAS

R/O VILLAGE PALOICHERRA PART II

P.O. SULTANICHERRA

DIST. HAILAKANDI

ASSAM

9: RAJU DAS

S/O LATE RANJIT DAS R/O VILLAGE PALOICHERRA PART II

P.O. SULTANICHERRA

DIST. HAILAKANDI

ASSAM

10: TAHAMIN BAHAR CHOUDHURY ALIAS LASKAR

W/O ALI AHMED LASKAR R/O VILLAGE PALOICHERRA PART II

P.O. SULTANICHERRA

DIST. HAILAKANDI

ASSAM

11: SAMSUL HAQUE LASKAR

S/O ALI AHMED LASKAR R/O VILLAGE PALOICHERRA PART II

P.O. SULTANICHERRA

DIST. HAILAKANDI

ASSAM

12: NUR NEHAR LASKAR

D/O ALI AHMED LASKAR R/O VILLAGE PALOICHERRA PART II

P.O. SULTANICHERRA

DIST. HAILAKANDI

ASSAM

13: NUR JAHAN LASKAR

D/O ALI AHMED LASKAR R/O VILLAGE PALOICHERRA PART II

P.O. SULTANICHERRA

DIST. HAILAKANDI

ASSAM

14: MINARA BEGUM LASKAR

D/O ALI AHMED LASKAR R/O VILLAGE PALOICHERRA PART II

P.O. SULTANICHERRA

DIST. HAILAKANDI

ASSAM

15: SAJNA BEGUM LASKAR BARBHUYAN

D/O ALI AHMED LASKAR R/O VILLAGE PALOICHERRA PART II

P.O. SULTANICHERRA

DIST. HAILAKANDI

ASSAM

16: MOINUL HOQUE LASKAR

S/O ALI AHMED LASKAR R/O VILLAGE PALOICHERRA PART II

P.O. SULTANICHERRA

DIST. HAILAKANDI

ASSAM

17: PIYARA BEGUM LASKAR

D/O ALI AHMED LASKAR R/O VILLAGE PALOICHERRA PART II

P.O. SULTANICHERRA

DIST. HAILAKANDI

ASSAM

18: SUPIYA BEGUM LASKAR

D/O ALI AHMED LASKAR R/O VILLAGE PALOICHERRA PART II

P.O. SULTANICHERRA

DIST. HAILAKANDI

ASSA

VERSUS

THE UNION OF INDIA AND 3 ORS

REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY

OF ROAD, TRANSPORT AND HIGHWAYS, TRANSPORT BHAWAN - 1

PARLIAMENT STREET, NEW DELHI 110001

2:THE CHIEF ENGINEER

PWD (NH) ASSAM

CHANDMARI

GUWAHATI - 3

3:THE EXECUTIVE ENGINEER

PWD (NH) DIVISION

SILCHAR

ASSAM

4:THE DISTRICT COMMISSIONER (D.C.)

HAILAKANDI

DISTRICT - HAILAKANDI

ASSAM

PI

Advocate for the Petitioner : MR. B RAHMAN, Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, PWD

BEFORE

HONOURABLE MR. JUSTICE KARDAK ETE

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ORDER

Date : 08-06-2026 Heard Mr. B. Rahman, learned counsel for the petitioners. Also heard Mr. D. Nath, learned Senior Government Advocate for respondent Nos. 2, 3 & 4.

2. Aggrieved by the non-release of the revised zirat compensation amounting to Rs. 32,85,501/-, awarded in favour of the petitioners by the Arbitrator vide award dated 01.07.2017, the petitioners have instituted the present writ petition, which is the second round of litigation between the parties.

3. The land of the petitioners was acquired for construction of the Dhaleswari–Bhairabi Bypass on National Highway 154 and for widening of certain stretches of the said National Highway in the district of Hailakandi. While the compensation payable towards the acquired land has already been disbursed, the revised zirat compensation of Rs. 32,85,501/-, as awarded by the Arbitrator on 01.07.2017, has not yet been released.

4. This Court in earlier round of litigation, being WP(C) No. 6487/2024, by an order dated 06.12.2024, directed the Deputy Commissioner, Hailakandi, to consider the case of the petitioner and if the petitioner is found to be entitled to receive the zirat compensation in terms of the arbitral award dated 01.07.2017 to disburse the same. Alleging non-compliance of the said order, the petitioners thereafter instituted Cont. Cas(C) No. 228/2025. In the said contempt proceeding, the respondents stated that upon verification, the petitioners were found to be eligible beneficiaries of Village Paloicherra Part-II and entitled to receive the revised zirat compensation amounting to Rs. 32,85,501/-. It was further stated that the District Commissioner, Hailakandi, had already requested the Chief Engineer, PWD (NH), Assam, Chandmari, Guwahati, to take necessary steps for disbursement of the said amount.

5. Mr. Rahman, learned counsel for the petitioners, submits that despite the order dated 06.12.2024 passed in WP(C) No. 6487/2024 and the subsequent order dated 06.03.2026 passed in Cont. Cas(C) No. 228/2025, the revised zirat compensation amounting to Rs. 32,85,501/- has still not been disbursed to the petitioners.

6. This Court, having considered the issue, directed Mr. D. Nath, learned Standing Counsel, PWD, to obtain specific instruction.

7. Today, Mr. Nath, learned Standing Counsel, PWD, by placing the status report, submits that the claim of the petitioners as regards the revised zirat compensation of Rs. 32,85,501/- has already been processed and forwarded to the Government for necessary approval. Therefore, he submits that as and when the revised zirat compensation is approved, same shall be released and disbursed to the petitioners.

8. Upon consideration, this Court finds that there is no dispute as regard the claim of the petitioners to receive the revised zirat compensation amounting to Rs. 32,85,501/- awarded by the Arbitrator vide award dated 01.07.2017. The respondents appear to have already initiated the requisite process for release of the said amount and the matter is presently awaiting for approval by government.

9. In view of above, this Court is of the view that no useful purpose would be served by keeping this writ petition pending and therefore, I deem it appropriate to close this writ petition with a direction to the respondent authorities to complete the process for payment of revised zirat compensation amounting to Rs. 32,85,501/- to the petitioners within a period of 3 (three) months from the date of receipt of a certified copy of this order. It is ordered, accordingly.

10. Writ petition stands disposed of.

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