WP(C)/2895/2026 of SAJU BARBHUIYA AND 7 ORS Vs THE UNION OF INDIA AND 7 ORS on 3 June 2026

ORDER

Date : 04.06.2026

1. Heard Mr. M. Khan, learned counsel for the petitioners and Mr. H. Sarma, learned Addl. Senior Government Advocate for the respondent Nos. 3 to 6 as well as Ms. R. Bora, learned Standing Counsel, NHIDCL. Also heard Mr. A. Bhattacharjee, learned Standing Counsel, Revenue Department and Mr. B. Choudhury, learned Standing Counsel, PWD Department.

2. Having considered that the similar matter has already been considered and disposed of by a Coordinate Bench of this Court and as agreed to by the learned counsel for the parties, this writ petition is being disposed of at the motion stage itself.

3. By filing this writ petition, the petitioners pray for assessment of the zirat value of the petitioners’ structures and payment of compensation thereof.

4. The case of the petitioners is that the Government of India, Ministry of Shipping, Road Transport and Highways, by a Notification dated 05.01.2023, acquired the land in question for the purpose of widening/four-laning under the operation of

NH-37 and NH-306, falling within the stretch of land from K.M. 0.000 to K.M. 20.000 in the district of Cachar. The respondent authorities, after surveying the scheduled land, inadvertently failed to assess the structures/zirats of certain structures belonging to the petitioners on the land in question. Accordingly, the petitioners approached respondent No. 3, whereafter the respondent No. 3 informed the respondent No. 5 to conduct a joint field verification. Despite the same, no joint verification has been conducted till date.

5. On the contrary, notices have been issued to the petitioners to hand over possession and to submit claim documents to establish that the structures were built prior to the 3A Gazette Notification. Upon receipt of such show cause notices, the petitioners submitted separate representations, which are still pending for disposal.

6. The counsels for the respondents have submitted that since the award has already been passed under Section 3D of the National Highways Act, 1956, the District Commissioner -cum- Collector has become functus officio. The counsels for the respondent further submit that if the petitioners remain aggrieved, they may approach the Arbitrator under Section 3G of the National Highways Act, 1956. Having submitted above, however, the counsels for the respondent fairly submit that since the similar matter has already been disposed of by this Court, they have little scope to submit any further.

7. Ultimately, learned counsel appearing for the parties have submitted at the Bar that, since the representations submitted by the petitioners are pending before the respondent authorities, the instant writ petitions may be disposed of by directing the respondents to dispose of the representations in accordance with law.

8. This Court, upon hearing the learned counsel for the parties, perusing the materials available on record, and noting that the representations seeking grant of complete and correct compensation after assessing the zirat value of the left-out structures at Mouza-Kashipur Part-II, Porgana, for which show cause notices were issued by the respondent authorities, particularly respondent No. 4 and as a judicial discipline and propriety, I deem it fit, in the interest of justice, to dispose of the writ petition by directing the District Commissioner to dispose of the representations filed by the petitioners.

9. The petitioners shall file fresh representation individually before the District Commissioner, Cachar within ten days from today. On receipt of the representations that may be filed, the District Commissioner, Cachar shall consider and dispose of the same within fifteen days thereafter, in accordance with law.

10. Till the disposal of the said representations, status-quo as on today shall be maintained.

11. With the above observation, the writ petition stands disposed of.

JUDGE Comparing Assistant