Gauhati High Court
WP(C)/7276/2025 of MAKBUL HUSSAIN BARBHUIYA Vs THE UNION OF INDIA AND OTHRS on 26 April 2026
GAHC010275942025 2026:GAU-AS:5754 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7276/2025 MAKBUL HUSSAIN BARBHUIYA S/O LATE ABDUL JALIL BARBHUIYA R/O VILLAGE-KASHIPUR PART-II, P.O.-KASHIPUR, P.S.-SILCHAR, DISTRICT-CACHAR, ASSAM. 2: MUNNA
GAHC010275942025
2026:GAU-AS:5754
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7276/2025
MAKBUL HUSSAIN BARBHUIYA
S/O LATE ABDUL JALIL BARBHUIYA R/O VILLAGE-KASHIPUR PART-II, P.O.-KASHIPUR, P.S.-SILCHAR, DISTRICT-CACHAR, ASSAM.
2: MUNNA SODIAL
S/O LATE MERAB ALI SODIAL R/O VILLAGE/P.O.-MODHURBOND
P.S.-SILCHAR
DISTRICT-CACHAR
ASSAM
3: KAMRUL HUSSAIN BARBHUIYA
S/O LATE ABDUL JALIL BARBHUIYA
R/O VILLAGE-KASHIPUR PART-II
P.O.-KASHIPUR
P.S.-SILCHAR
DISTRICT-CACHAR
ASSAM.
4: ANJAL HUSSAIN BARLASKAR
S/O NUR AHMED BARIASKAR R/O VILLAGE-BAHADURPUR-RONGPUR
PART-II
P.O.-RONGPUR
P.S.-UDHARBOND
DISTRICT-CACHAR
ASSAM.
5: DILBAHAR HUSSAIN CHOUDHURY
S/O LATE AMIN ALI CHOUDHURY
R/O VILLAGE-KASHIPUR PART-II
P.O.-KASHIPUR
P.S.-SILCHAR
DISTRICT-CACHAR
ASSAM.
6: SAHID AHMED BARLASKAR
S/O NUR AHMED BARLASKAR R/O VILLAGE-BAHADURPUR-RONGPUR
PART-II
P.S.-UDHARBOND
DISTRICT-CACHAR
ASSAM.
7: RAJAN UDDIN MAZUMDER
S/O HARIS ALI MAZUMDER
R/O VILLAGE-KASHIPUR PART-I
P.O.-KASHIPUR
P.S.-SILCHAR
DISTRICT-CACHAR
ASSAM.
8: JIAUR RAHMAN BBARBHUIYA
S/O LATE ABDUL MATIN BARBHUIYA
R/O VILLAGE-KASHIPUR PART-II
P.O.-KASHIPUR
P.S.-SILCHAR
DISTRICT-CACHAR
ASSAM
VERSUS
THE UNION OF INDIA AND OTHRS
REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY
OF ROAD TRANSPORT HIGHWAYS, TRANSPORT BHAWAN-1, PARLIAMENT
STREET, NEW DELHI-110001.
2:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER SECRETARY TO THE GOVT. OF
ASSAM
REVENUE DISASTER MANAGEMENT DEPARTMENT
DISPUR
GHY-6.
3:THE COMMISSIONER OF PANCHAYAT AND RURAL DEVELOPMENT
DEPARTMENT
PANJABARI
GUWAHATI-37
4:THE DISTRICT COMMISSIONER AND COMPETENT AUTHORITY OF LAND
ACQUISITION
CACHAR
SILCHAR
5:THE CO DISTRICT COMMISSIONER AND COMPETENT AUTHORITY OF
LAND ACQUISITION
CACHAR
SILCHAR.
6:THE NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT
CORPORATION LTD
NHIDCL REPRESENTED BY THE DEPUTY GENERAL MANAGER
NHIDCL
CACHAR
SILCHAR
7:THE SUPERINTENDING ENGINEER PWD BUILDING
CACHAR
SILCHAR.
8:THE EXECUTIVE ENGINEER
PWD
BUILDING DIVISION
UDHARBOND
LAKHIPUR
BORKHOLA TERRITORIAL BUILDING DIVISION
CACHAR
SILCHAR.
9:THE SECRETARY
KASHIPUR GAON PANCHAYAT
VILLAGE-KASHIPUR
P.O.-KASHIPUR
DISTRICT-CACHAR
ASSAM
PIN-788009
Advocate for the Petitioner : MS S DAS, MR F U BARBHUIYA
Advocate for the Respondent : DY.S.G.I., SC, NHIDC,SC, P AND R.D.,SC, PWD,SC.
REVENUE,GA, ASSAM
Linked Case : WP(C)/7231/2025
IMAD HUSSAIN LASKAR
S/O-NASIR UDDIN LASKAR R/O VILLAGE-KASHIPUR PART-II
P.O.-KASHIPUR
P.S.-SILCHAR
DISTRICT-CACHAR
ASSAM.
2: AHAD HUSSAIN LASKAR
S/O NASIR UDDIN LASKAR R/O VILLAGE-KASHIPUR PART-II
P.O.-KASHIPUR
P.S.-SILCHAR
DISTRICT-CACHAR
ASSAM.
VERSUS
THE UNION OF INDIA AND OTHRS
REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA
MINISTRY OF ROAD TRANSPORT HIGHWAYS
TRANSPORT BHAWAN-1
PARLIAMENT STREET
NEW DELHI-110001.
2:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER SECRETARY TO THE GOVT. OF
ASSAM
REVENUE DISASTER MANAGEMENT DEPARTMENT
DISPUR
GHY-6.
3:THE COMMISSIONER OF PANCHAYAT AND RURAL DEVELOPMENT
DEPARTMENT
PANJABARI
GUWAHATI-37.
4:THE DISTRICT COMMISSIONER AND COMPETENT AUTHORITY OF LAND
ACQUISITION
CACHAR
SILCHAR.
5:THE CO DISTRICT COMMISSIONER AND COMPETENT AUTHORITY OF
LAND ACQUISITION
CACHAR
SILCHAR.
6:THE NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT
CORPORATION LTD
NHIDCL REPRESENTED BY THE DEPUTY GENERAL MANAGER
NHIDCL
CACHAR
SILCHAR
7:THE SUPERINTENDING ENGINEER PWD BUILDING
CACHAR
SILCHAR.
8:THE EXECUTIVE ENGINEER
PWD
BUILDING DIVISION
UDHARBOND
LAKHIPUR
BORKHOLA TERRITORIAL BUILDING DIVISION
CACHAR
SILCHAR.
9:THE SECRETARY
KASHIPUR GAON PANCHAYAT
VILLAGE-KASHIPUR
P.O.-KASHIPUR
DISTRICT-CACHAR
ASSAM
PIN-788009.
------------
Advocate for : MS S DAS
Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND OTHRS
BEFORE
HON’BLE MR. JUSTICE KAUSHIK GOSWAMI
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ORDER
27.04.2026 Heard Mr. F. U. Borbhuiya, learned counsel appearing for the petitioners. Also heard Mr. N. Das, learned Government Counsel for respondent Nos. 4 and 5, Mr. S. Dutta, learned Standing Counsel, P & RD for respondent Nos. 3 and 9 and Mr. R. K. Talukdar and Mr. C. Baruah, learned Standing Counsels, NHIDCL for respondent No. 6 in WP(C) No. 7276/2025 and WP(C) No. 7231/2025 respectively and Ms. N. Bordoloi, Standing Counsel, Revenue Department for respondent No. 2.
2. By way of the said two writ petitions, the petitioners pray for assessment of the zirat value of the petitioners’ structures and payment of compensation thereof.
3. The brief facts of the case are 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 by way of a representation dated 05.09.2024, whereafter respondent No. 3 informed respondent No. 5 to conduct a joint field verification. Despite the same, no joint verification has been conducted till date.
4. 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.
5. 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.
6. This Court, upon hearing the learned counsel for the parties, perusing the materials available on record, and noting that the representations seek 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, deems it fit, in the interest of justice, to dispose of the writ petitions by directing the District Commissioner to dispose of the representations filed by the petitioners.
7. The petitioners shall file such fresh representation(s) before the jurisdictional District Commissioner, within a period of 10 (ten) days from today, whereupon, within a period of 4 (four) weeks therefrom, the said District Commissioner shall consider and dispose of the representations strictly in accordance with law.
8. It is clarified that the status quo order passed earlier by this Court on 25.02.2026 shall continue till the disposal of the representations, if filed within the time stipulated by this Court.
9. With the aforesaid direction, both the writ petitions are disposed of.
JUDGE Comparing Assistant