Gauhati High Court

Page No.# 1/15 vs The Union Of India And 6 Ors on 20 March, 2025

Author: Manish Choudhury

Bench: Manish Choudhury

Page No.# 1/15

GAHC010260732024

2025:GAU-AS:3930

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

Case No. : WP(C)/6644/2024

CHANDAN MOY NATH AND 4 ORS
SON OF LATE CHITTARANJAN NATH, RESIDENT OF VILLAGE
GABINDAPUR, PART-III, P.S. KATIGORAH, DISTRICT- CACHAR, ASSAM,
PIN- 788804

2: KAMINI NATH
SON OF LATE KAILASH CHANDRA NATH
RESIDENT OF VILLAGE GABINDAPUR
PART-III
P.S. KATIGORAH
DISTRICT- CACHAR
ASSAM
PIN- 788804

3: BIMAL CHANDRA NATH
SON OF LATE BORODA CHARAN NATH
RESIDENT OF VILLAGE GABINDAPUR
PART-III
P.S. KATIGORAH
DISTRICT- CACHAR
ASSAM
PIN- 788804

4: DHANANJAY NATH
SON OF LATE JAMINI NATH
RESIDENT OF VILLAGE GABINDAPUR
PART-III
P.S. KATIGORAH
DISTRICT- CACHAR
ASSAM
PIN- 788804

5: SEKHAR NATH
SON OF LATE KAMDEB NATH
Page No.# 2/15

RESIDENT OF VILLAGE GABINDAPUR
PART-III
P.S. KATIGORAH
DISTRICT- CACHAR
ASSAM
PIN- 78880

VERSUS

THE UNION OF INDIA AND 6 ORS
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA,
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAWAN,
1, PARLIAMENT STREET, NEW DELHI- 110001

2:THE STATE OF ASSAM
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
REVENUE AND DISASTER MANAGEMENT DEPARTMENT
DISPUR
GUWAHATI-6

3:THE SECRETARY TO THE GOVT. OF ASSAM
REVENUE AND DISASTER MANAGEMENT DEPARTMENT AND
ARBITRATOR
LAND ACQUISITION CASES
ASSAM
DISPUR
GUWAHATI-6

4:THE DISTRICT COMMISSIONER (LAND ACQUISITION BRANCH)
DISTRICT- CACHAR
ASSAM
PIN- 788001

5:THE ADDITIONAL DISTRICT COMMISSIONER (LAND ACQUISITION
BRANCH)
DISTRICT- CACHAR
ASSAM
PIN- 788001

6:THE ASSISTANT SETTLEMENT OFFICER
KATIGORAH REVENUE CIRCLE
DIST- CACHAR
ASSAM
PIN- 788805

7:THE NATIONAL HIGHWAYS AUTHORITY OF INDIA
REPRESENTED BY ITS CHAIRMAN
G 5 AND 6
Page No.# 3/15

SECTOR 10 DWARKA
NEW DELHI- 110075

8:NATIONAL HIGHWAYS INFRASTRUCTURE DEVELOPMENT
CORPORATION LIMITED
REPRESENTED BY THE DEPUTY GENERAL MANAGER (P)
PMU-SILCHAR
PESKAR LANE
SONAI ROAD
KANAKPUR PART-I
SILCHAR
ASSAM-78800

Advocate for the Petitioner : MR. B U LASKAR,

Advocate for the Respondent : DY.S.G.I., SC, NHAI,GA, ASSAM,SC, REVENUE

Linked Case : WP(C)/442/2025

MRIDUL KUMAR NATH AND 14 ORS.
R/O- VILL.- NOONNAGAR
P.S. KATIGORAH
DIST. CACHAR
ASSAM
PIN- 788804.

2: MRINMOY KUMAR NATH
S/O- LATE MOHENDRA NATH
R/O- VILL.- NOONNAGAR
P.S. KATIGORAH
DIST. CACHAR
ASSAM
PIN- 788804.

3: JAHAR NATH
S/O- LATE JANMEJAY NATH
R/O- VILL.- NOONNAGAR
P.S. KATIGORAH
DIST. CACHAR
ASSAM
PIN- 788804.

4: NIRMAL NATH
Page No.# 4/15

S/O- LATE NIRANJAN NATH
R/O- VILL.- NOONNAGAR
P.S. KATIGORAH
DIST. CACHAR
ASSAM
PIN- 788804.

5: BHANU NATH
S/O- LATE KANU BHUSAN NATH
R/O- VILL.- NOONNAGAR
P.S. KATIGORAH
DIST. CACHAR
ASSAM
PIN- 788804.

6: FANI BHUSHAN NATH
R/O- VILL.- NOONNAGAR
P.S. KATIGORAH
DIST. CACHAR
ASSAM
PIN- 788804.

7: PARIMAL NATH
S/O- LATE LOKMONI NATH
R/O- VILL.- NOONNAGAR
P.S. KATIGORAH
DIST. CACHAR
ASSAM
PIN- 788804.

8: BHUPENDRA NATH
R/O- VILL.- MOHANPUR PART-II
P.S. KATIGORAH
DIST. CACHAR
ASSAM
PIN- 788804.

9: SUSHENDRA NATH
S/O- LATE DAYAL NATH
R/O- VILL.- MOHANPUR PART-II
P.S. KATIGORAH
DIST. CACHAR
ASSAM
PIN- 788804.

10: ASIT NATH
S/O- LATE ANIL NATH
R/O- VILL.- MOHANPUR PART-II
Page No.# 5/15

P.S. KATIGORAH
DIST. CACHAR
ASSAM
PIN- 788804.

11: ANAY CHANDRA NATH
S/O- LATE NANI GOPAL NATH
R/O- VILL.- MOHANPUR PART-II
P.S. KATIGORAH
DIST. CACHAR
ASSAM
PIN- 788804.

12: NILAMBAR NATH
S/O- LATE NIRAD BARAN NATH
R/O- VILL.- GABINDAPUR
PART-III
P.S. KATIGORAH
DIST. CACHAR
ASSAM
PIN- 788804.

13: ANUJ KUMAR NATH
S/O- LATE KIRAN CHANDRA NATH
R/O- VILL.- GABINDAPUR
PART-III
P.S. KATIGORAH
DIST. CACHAR
ASSAM
PIN- 788804.

14: MANNA NATH
S/O- LATE PRAFULLA CHANDRA NATH
R/O- VILL.- GABINDAPUR
PART-III
P.S. KATIGORAH
DIST. CACHAR
ASSAM
PIN- 788804.

15: RANJANA RANI NATH
W/O- LATE BIRESH NATH
R/O- VILL.- GABINDAPUR
PART-III
P.S. KATIGORAH
DIST. CACHAR
ASSAM
PIN- 788804.
Page No.# 6/15

VERSUS

THE UNION OF INDIA AND 7 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 STATE OF ASSAM
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
REVENUE AND DISASTER MANAGEMENT DEPARTMENT
DISPUR
GUWAHATI-6.

3:THE SECRETARY TO THE GOVT. OF ASSAM
REVENUE AND DISASTER MANAGEMENT DEPARTMENT AND
ARBITRATOR
LAND ACQUISITION CASES
ASSAM
DISPUR
GUWAHATI-6.

4:THE DISTRICT COMMISSIONER (LAND ACQUISITION BRANCH)
DIST. CACHAR
ASSAM
PIN- 788001.

5:THE ADDITIONAL DISTRICT COMMISSIONER (LAND ACQUISITION
BRANCH)
DIST. CACHAR
ASSAM
PIN- 788001.

6:THE ASSISTANT SETTLEMENT OFFICER
KATIGORAH REVENUE CIRCLE
DIST. CACHAR
ASSAM
PIN- 788805.

7:THE NATIONAL HIGHWAYS AUTHORITY OF INDIA
REPRESENTED BY ITS CHAIRMAN
G5 AND 6
SECTOR-10
DWARKA
NEW DELHI-110075.

8:NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT
Page No.# 7/15

CORPORATION LIMITED
REPRESENTED BY THE DEPUTY GENERAL MANAGER (P)
PMU-SILCHAR
PESKAR LANE
SONAI ROAD
KANAKPUR PART-I
SILCHAR
ASSAM-788006.
------------

Advocate for : MR. B U LASKAR Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 7 ORS

BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

JUDGMENT & ORDER [ORAL] 20.03.2025

Both the writ petitions - W.P.[C] no. 6644/2024 & W.P.[C] no. 442/2025 - are instituted under Article 226 of the Constitution of India seeking inter-alia a direction to the respondent authorities to pay adequate compensation to the petitioners after making proper assessment and valuation in respect of the parcels of land, acquired from the petitioners in both the writ petitions. The petitioners have also sought for a direction to the respondent authorities to comply with the provisions of the National Highways Act, 1956, more particularly, Section 3G[5] and Section 3H before taking possession of the parcels of land for the intended public purpose. The petitioners have also prayed for a direction to the respondent authorities to communicate the amounts of compensation determined against their respective parcels of land to the petitioners

2. As both the writ petitions involve issues of similar nature and as agreed to by the learned counsel for the parties, both the writ petitions are taken up for final disposal at the admission stage itself.

3. I have heard Mr. B.U. Laskar, learned counsel for the petitioners in both the writ petitions; Mr. C. Baruah, learned Standing Counsel for the respondent authorities in the Page No.# 8/15

National Highway Authority of India [NHAI] and the National Highways & Infrastructure Development Corporation Limited [NHIDCL]; Ms. A. Bhattacharjee, learned Standing Counsel, Revenue & Disaster Management Department, Government of Assam; and Ms. M. Barman, learned Junior Government Advocate, Assam for the State respondents.

4. In the writ petition, W.P.[C] no. 6644/2024, five petitioners have joined together to prefer the writ petition. On the other hand, fifteen nos. of petitioners have preferred the writ petition, W.P.[C] no. 442/2025. It is stated by the petitioners that they have common cause to espouse.

5. By Notification no. S.O.5615[E] dated 01.12.2022 [Area : 46.4622 Ha] and Notification no. S.O.53[E] dated 05.01.2023 [Area : 17.5864 Ha] issued under Section 3A of the National Highways Act, 1956 ['the N.H. Act', for short], the Government of India [GoI] in the Ministry of Road Transport and Highways [MoRT&H] in the years 2022 - 2023, declared its intention to acquire the parcels of land specified in the Schedules, annexed to those notifications, for a National Highway Project : 'Building [widening/four-laning, etc.], maintenance, management and operation of NH37 in the stretch of land from Km. 17+300 in the district of Cachar in the State of Assam' ['the Highway Project', for short]. Prior to those Notifications, the Central Government vide a Notification no. S.O.1786[E] dated 06.05.2021 declared the Additional District Commissioner [then, Additional Deputy Commissioner], Land Acquisition Branch, Cachar as the Competent Authority Land Acquisition [CALA] under Section 3[a] of the N.H. Act. The substances of the Notifications were duly published in two daily newspapers each in compliance of sub-section [3] of Section 3A of the N.H. Act. Objections were thereafter, received and were considered by the Competent Authority Land Acquisition [CALA].

6. Thereafter, the CALA submitted its Report to the Central Government in compliance of the provisions of sub-section [1] of Section 3D of the N.H. Act that the parcels of land specified in the Schedule therein would be acquired for the Highway Project. Thereafter, the Central Government declared vide Notification issued under Section 3D[2] of the N.H. Act on 18.07.2023 that on publication of the Notification in the Official Gazette, lands specified in the Schedule had vested absolutely in the Central Government free from all encumbrances.

Page No.# 9/15

7. The case of the petitioners in the writ petition, W.P.[C] no. 6644/2024, in brief, is that they are owners and possessors of various periodic patta lands within Village - Gobindapur Part-I, Pargona - Katigorah, Mouza - Gobindapur, District - Cachar, Assam. The petitioners have stated that their parcels of land are covered by Dag nos. 20, 25 & 29 & Periodic Patta no. 12; Dag no. 24 & Periodic Patta no. 15; Dag no. 28 & Periodic Patta no. 19; Dag nos. 20, 23 & 29 & Periodic Patta no. 12 & 18; and Dag no. 28 & Periodic Patta no. 19. The petitioners have stated that some of those parcels of land are in the name of the petitioners themselves and the other parcels of land are in the name of their predecessors-in-interest.

7.1. The petitioners in the writ petition, W.P.[C] no. 442/2025 have stated that they are owners and possessors of various Dag numbers under Periodic Patta nos. 12, 14, 15, 18 & 19 and the parcels of land situate at Village - Gobindapur Part-I, Pargona - Katigorah, Mouza

- Gobindapur, District - Cachar, Assam. Like the petitioners in the writ petition, W.P.[C] no. 6644/2024, these petitioners have also stated that some of the parcels of land are in their individual names while the remaining parcels of land are in the name of their predecessors-in- interest. The petitioners have stated that they became owners of the parcels of land either by way of inheritance or by way of purchase.

8. In the Notifications dated 18.07.2023 issued by the Ministry of Road Transport & Highways [MoRT&H], Government of India [GoI] in exercise of the powers conferred under sub-section [2] of Section 3D of the N.H. Act, the parcels of land belonging to the petitioners were found mentioned with Dag number, type of land, nature of land, area [in hectares] and names of landowners/interested persons.

9. The petitioners have stated that in the course of acquisition process, they came to learn that some of the persons whose lands were also acquired for the Highway Project, had received the compensation amounts. On enquiry, the petitioners came to learn that the respondent authorities had determined the land value @ Rs. 1,60,998/- per Bigha in respect of the parcels of land acquired in Village - Gobindapur Part-I. The petitioners have stated that at an earlier point of time, M/s Indradhanush Gas Grid Limited [IGGL] acquired parcels of Page No.# 10/15

land for installation of pipelines in Village - Gobindapur Part-I in the year 2023. The parcels of land were acquired by M/s Indradhanush Gas Grid Limited paying Rs. 15,00,000/- per Bigha. As the petitioners found that the valuation of land fixed by the Competent Authority Land Acquisition [CALA] is much lesser than the market value, the petitioners opted to prefer a representation before the respondent authorities for revaluation of the land located within the jurisdiction of Village - Gobindapur Part-I. The petitioners have stated that the said representation submitted by the petitioners stood forwarded to the Deputy Commissioner, Cachar on 19.11.2024 by the Assistant Settlement Officer, Cachar Revenue Circle for taking necessary steps observing that the prayer made in the representation appeared to be genuine. The Deputy Commissioner, Cachar had, in turn, forwarded the representation of the petitioners to the Secretary to the Government of Assam, Revenue & Disaster Management Department, Arbitrator, Land Acquisition Cases, Assam vide an Office Letter dated 21.11.2024. As the construction activities of the Highway Project had been undertaken in full- swing without disbursement of adequate amounts to the petitioners whose parcels of land found mentioned in the Notification dated 18.07.2023 issued under Section 3D[2] of the N.H. Act, the petitioners have approached this Court by the present two writ petitions with the prayers, mentioned above.

10. Mr. Laskar, learned counsel appearing for the petitioners have reiterated that the Competent Authority Land Acquisition [CALA] have assessed the compensation amounts disregarding the market value of the parcels of land situate at Village - Gobindapur Part-I while acquiring the same. He has referred to the instance of M/s Indradhanush Gas Grid Limited [IGGL] to submit that the market value of the petitioners' parcels of land is at least Rs. 15,00,000/- per Bigha whereas the CALA has determined the compensation amounts of the parcels of land, belonged to the petitioners, situate at Village - Gobindapur Part-I, @ Rs. 1,60,998/- per Bigha. It is further highlighted by Mr. Laskar that the respondents are frequently changing the appointed Arbitrator resulting in frequent stoppages in the arbitration process.

11. In the course of the previous deliberations, the learned counsel for the respondents were asked to obtain instructions as to whether any Award under Section 3G[1] of the N.H. Page No.# 11/15

Act has already been passed by the CALA and if any award has been passed, to place a copy of the said Award. A copy of the Award passed by the CALA vide Award no. 03/2023 dated 30.11.2023 has been placed before the Court. Instruction is also placed before the Court that the compensation amounts determined in favour of most of the petitioners have been disbursed by crediting the compensation amounts in their respective bank accounts. Instruction is also placed to the effect that in case of some of the petitioners, though the compensation amounts have been determined vide Award passed under Section 3G[1] of the N.H. Act by the CALA, the amounts could not be disbursed due to certain deficiencies. It has been submitted by the learned counsel for the official respondents that the deficiencies are of trivial nature and those deficiencies are in the process of being rectified for crediting the compensation amounts against the parcels of land acquired from the petitioners. It is submitted by the learned counsel for the official respondents that in so far as the petitioners' credentials as owners or persons interested are concerned, there is no further issue to be adjudicated.

12. From the Award no. 03/2023 dated 30.11.2023, passed by the CALA, it appears that he had considered the nature of the land to fix the rate per Bigha. For example, if the nature of the land is Agriculture [Aachra Ura] the rate has been fixed @ Rs. 1,33,811/- and if the nature of the land is Agriculture [Shali Ura], the rate has been fixed @ Rs. 1,60,998/-. While finally determining the compensation amounts vide Award no. 03/2023, the CALA seemed to have taken into account the multiplication factor [1.2], Solatium @ 100% and additional market value of land @ 12% from publication of the Notification under Section 3A of the N.H. Act [01.12.2022] to the date of passing of the Award under Section 3G[i] of the N.H. Act [30.11.2023] for a period of 364 days.

13. It is the stand of the respondents that the valuation of the parcels of land, acquired for the Highway Project and from the petitioners herein, was determined as per the provisions of the N.H. Act and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ['the RFCTLARR Act'].

14. Having heard the learned counsel for both the sides, the only dispute which has Page No.# 12/15

emerged is that the petitioners are aggrieved by the amounts of compensation assessed against acquisition of their respective parcels of land.

15. Having regard to the nature of the grievances raised in the two writ petitions, the learned counsel for the official respondents have submitted, in unison, that the grievances of the petitioners can be effectively redressed by the Arbitrator appointed under sub-section [5] of Section 3 of the 3G of the N.H. Act.

16. At this juncture, it is apt to refer to the provisions of Section 3G of the Act, 1956. For ready reference, Section 3G of the N.H. Act is quoted hereinbelow :-

3G. Determination of amount payable as compensation.

[1] Where any land is acquired under this Act, there shall be paid an amount which shall be determined by an order of the competent authority.

[2] Where the right of user or any right in the nature of an easement on, any land is acquired under this Act, there shall be paid an amount to the owner and any other person whose right of enjoyment in that land has been affected in any manner whatsoever by reason of such acquisition an amount calculated at ten per cent, of the amount determined under sub-section [1], for that land.

[3] Before proceeding to determine the amount under sub-section [1] or sub-section [2], the competent authority shall give a public notice published in two local newspapers, one of which will be in a vernacular language inviting claims from all persons interested in the land to be acquired. [4] Such notice shall state the particulars of the land and shall require all persons interested in such land to appear in person or by an agent or by a legal practitioner referred to in sub-section [2] of section 3C, before the competent authority, at a time and place and to state the nature of their respective interest in such land.

[5] If the amount determined by the competent authority under sub-section [1] or sub-section [2] is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government--

Page No.# 13/15

[6] Subject to the provisions of this Act, the provisions of the Arbitration and Conciliation Act, 1996 [26 of 1996] shall apply to every arbitration under this Act. [7] The competent authority or the arbitrator while determining the amount under sub-section [1] or sub-section [5], as the case may be, shall take into consideration --

[a] the market value of the land on the date of publication of the notification under section 3A;

[b] the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the severing of such land from other land; [c] the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the acquisition injuriously affecting his other immovable property in any manner, or his earnings;

[d] if, in consequences of the acquisition of the land, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change.

17. It is clear from the provisions of sub-section [5] of Section 3G of the N.H. Act that if the amount determined by the Competent Authority Land Acquisition [CALA] under sub- section [1] is not accepted by the landowner or the person interested, the amount can be determined by the Arbitrator on an application by such landowner or person interested.

18. It is relevant to note that Section 3G[7][a] of the N.H. Act has provided the parameters to be taken into consideration for determining the market values. It is held in National Highways Authority of India vs. Sri P. Nagaraju @ Cheluvaiah and another, reported in [2022] 8 SCR 1070, that in Section 3G[7][a] of the N.H. Act, only the basic parameters to be taken note of for determining the amount payable as compensation have been outline. While applying the said parameters for determination of compensation, since the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement [RFCTLARR] Act, 2013 is also applicable as the National Highways Act, 1956 is contained in Fourth Schedule, the factors as provided under Section 26 and Section 28 of RFCTLARR Act, 2013 including the seventh factor will also be applicable in appropriate cases for the Page No.# 14/15

determination of the market value as fair compensation for the acquired land. It has been observed that when land is acquired from a citizen, Article 300A and Article 31A of the Constitution will have to be borne in mind since the deprivation of property should be with authority of law, after being duly compensated. Such law should provide for adequately compensating the land loser keeping in view the market value. It has been observed that though each enactment may have a different procedure prescribed for the process of acquisition depending on the urgency, the method of determining the compensation cannot be different as the market value of the land and the hardship faced due to deprivation of the property would be the same irrespective of the Act under which it is acquired or the purpose for which it is acquired. Hence, all aspects contained in Section 26 and Section 28 of the RFCTLARR Act, 2013 for determination of compensation will be applicable notwithstanding Section 36[7][a] and Section 3J of the N.H. Act.

19. Since the issue raised is limited with regard to inadequacy of the compensation amounts qua the market value of the parcels of land belonging to the petitioners, which are acquired for the Highway Project, can be adjudicated by the Arbitrator appointed under Section 3G[5] and the matter has already been referred to the Arbitrator so appointed on 21.11.2024, it is the Arbitrator who shall have to decide the issues raised by the petitioners regarding the market value of the acquired parcels of land and the inadequate compensation award determined by the Competent Authority, Land Acquisition [CALA].

20. An Order bearing no. LA&A.eCF/547440/21 dated 06.03.2025 has been placed before this Court. From the Order dated 06.03.2025, it is noticed that the Secretary to the Government of Assam, Revenue & Disaster Management Department has been appointed to function as the Arbitrator under sub-section [5] of Section 3G of the N.H. Act with immediate effect and until further orders.

21. It is in the above obtaining fact situation, both the writ petitions are disposed of with a direction to the Arbitrator to take the application submitted by the petitioners for enhancement of their respective compensation amounts on board, and after affording due opportunities of hearing to the petitioners, the Arbitrator shall dispose of the application as Page No.# 15/15

expeditiously as possible. It is further observed that the official respondents who are in custody and possession of the relevant records of land acquisition in respect of the parcels of land acquired from the petitioners and for the Highway Project, under reference, shall transmit the relevant records to the office of the Arbitrator so as to facilitate the Arbitrator expeditiously to dispose of the representation by taking into consideration the factors delineated in clause [a] to clause [d] of sub-section [7] of Section 3G of the N.H. Act and by following the procedures as indicated in sub-section [6] of Section 3G of the N.H. Act in an expeditious manner. It is expected that the appropriate Government shall not change the Arbitrator for the Highway Project in question, in the mid-stream.

22. With the observations made and the direction given above, both the writ petitions are disposed of. There shall, however, be no order as to cost.

JUDGE

Comparing Assistant