Gauhati High Court
Ghanashyam Chetry vs National Highway Authority Of India And ... on 6 November, 2025
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GAHC010013792017
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1068/2017
GHANASHYAM CHETRY
S/O LT. TIKA RAM CHETRY, R/O LANKA TOWN, W/O NO.8, MOUZA, P.O. and
P.S. LANKA, DIST- HOJAI, ASSAM, PIN-782446
VERSUS
NATIONAL HIGHWAY AUTHORITY OF INDIA and 4 ORS.
REP. BY THE CHAIRMAN, G 5 and 6, SECTOR 10, DWARKA, NEW DELHI-75
2:THE COMMISSIONER
NORTH ASSAM DIVISION
TEZPUR AND ARBITRATOR
N.H. -4 LANE OF NAGAON AND MORIGAON DISTRICT
TEZPUR
DIST- SONITPUR
ASSAM
PIN-784001
3:THE COLLECTOR CUM DY. COMMISSIONER
NAGAON
DIST- NAGAON
ASSAM
PIN-782001
4:THE ADDL. DY. COMMISSIONER L.A.
NAGAON
DIST- NAGAON
ASSAM
PIN-782001
5:THE DY. COMMISSIONER
HOJAI
DIST- HOJAI
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ASSAM
PIN-78243
Advocate for the Petitioner : MRM R ADHIKARI, MR.P N SHARMA
Advocate for the Respondent : GA, ASSAM, MR.R BORAH,SC, NHAI,MR.D DEKA(R-1),MRP
KUMAR(R-1)
BEFORE
HON'BLE MR. JUSTICE RAJESH MAZUMDAR
ORDER
06.11.2025
Heard Mr R P Sarmah, learned Senior Counsel, assisted by Ms M Borah, learned
counsel appearing for the petitioner. Also heard Ms R Bora, learned Standing Counsel
appearing for the NHAI. Also heard Mr N Das, learned counsel for the respondent Nos.
2, 3, 4 and 5.
2. This writ petition has been preferred for directions to the respondents to release
compensation amounting to Rs. 14 lacs approximately, as awarded by the respondent
No. 2, vide order dated 25.09.2008 in Case No. 4 of 2008 @ Rs. 15 lacs per Bigha,
along with interest accrued thereon. Today, when the matter was taken up and parties
were heard to some extent, it is seen that the order dated 25.09.2008, passed by the
Commissioner, North Assam Division, was an interim order, which had reflected that the
order will not affect the final arbitration judgment in any way. The NHAI had preferred
an appeal against the order dated 25.09.2008, which resulted in the Judgment dated
19.04.2012, to be passed by the Court of District Judge at Nagaon, Assam.
3. In the year 2015, as pointed out by Ms R Borah, learned counsel for the NHAI, the
Deputy Commissioner had made payments in the name of the petitioner as
compensation with regard to Land Acquisition Case No. 53 of 2006. Unfortunately,
though the case has been pending since 2017, none of the parties had brought on record,
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the orders or proceedings that have taken place in Land Acquisition Case No. 53 of
2006. In the opinion of this Court, the finalization of the Land Acquisition Case No. 53
of 2006 would have substantial relevance to the claim of the petitioner, which is against
an interim assessment and compensation award.
4. Mr N Das, learned counsel appearing for the respondent Nos. 2, 3, 4 and 5, prays
for a short accommodation, as does, Ms R Borah, learned counsel appearing for the
respondent No. 1, to have instructions from the respective authorities as to the fate of the
Land Acquisition Case No. 53 of 2006.
5. Allowing such accommodation, list this case again in the second week of
December, 2025, on a date to be fixed by the Registry, for further hearing, by which
time, appropriate instructions will be made available to this Court, failing which, the
concerned incumbents holding the respective posts as respondents shall remain present
before this Court.
6. Ms M Bora, learned counsel appearing for the petitioner and assisting Mr R P
Sarmah, the learned Senior Counsel shall also make attempts to have their instructions in
the matter.
7. It has been submitted by the learned counsel appearing for the parties that complete
set of the affidavit-in-opposition filed on behalf of the NHAI is not available with them.
8. The learned counsel for the respondent No. 1 shall obtain certified copies of the
affidavit filed on behalf of the NHAI and would supply such copies to the counsels
appearing for all the other parties in the matter, within 3 (three) working days.
9. List accordingly.
JUDGE
Comparing Assistant
