Gauhati High Court
Hareswar Sarma vs The Union Of India And 4 Ors on 11 September, 2025
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GAHC010262252017
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/802/2017
HARESWAR SARMA
S/O LT. LAKHI KANTA SARMA, VILL. KENDUKONA, P.O. PUTHIMARI, DIST-
KAMRUP RURAL, ASSAM
VERSUS
THE UNION OF INDIA and 4 ORS.
REP. BY THE SECY. OF THE MINISTRY OF ROAD TRANSPORT and HIGH
WAY, GOVT. OF ASSAM, NEW DELHI-1
2:THE PROJECT DIRECTOR
NATIONAL HIGH WAY AUTHORITY OF INDIA
SURAJ NAGAR
KHANAPARA
GHY-22
3:THE STATE OF ASSAM
REP. BY THE COMMISSIONER- SECRETARY TO THE REVENUE DEPTT.
GOVT. OF ASSAM
ASSAM SECRETARIAT
DISPUR
GHY-6
4:THE DY. COMMISSIONER
KAMRUP RURAL
AMINGAON
5:THE ADDL. DY. COMMISSIONER
LAND ACQUISITION CUM COMPETENT AUTHORITY NHAI
KAMRUP RURAL
AMINGAON
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6:THE COMMISSIONER AND SPECIAL SECRETARY TO THE GOVT. OF
ASSAM
PWD (BUILDING) DEPARTMENT
ASSAM SECRETARIAT
DISPUR
GHY-6
Advocate for the Petitioner : MR.M M DEKA, MR.S M SARMA,MR.U C RABHA
Advocate for the Respondent : ASSTT.S.G.I., MR. C BARUAH (SC, NHAI),SC, REVENUE AND
DISASTER MANAGEMENT
BEFORE
HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
11-09-2025
1. Heard Mr. U. C. Rabha, learned counsel for the petitioner and Mr. D. Nath,
learned Senior Government Advocate, Assam and Mr. C. Baruah, learned Standing
counsel, National Highways Authority of India (NHAI) for the respondents.
2. On earlier occasion, this Court under its order dated 27.11.2024 passed the
following order:-
"1.Pursuant to the order dated 11.11.2024 whereby this Court had
specifically directed the respondent No.6 to consult the authorities of the
National Highways Authority of India and make assessment in terms with the
Award dated 19.04.2014 passed in RR Case No.23/2012, Mr. D. Nath, the
learned counsel appearing on behalf of the newly impleaded respondent No.6
submits that the reassessment has been accordingly carried out. In terms of
that, the learned counsel for the respondent No.6 therefore has placed before
this Court the reassessment which was done on 06.11.2024 and sent to the
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Additional District Commissioner, Kamrup, Amingaon. The same is kept on
record and marked with the letter "X".
2.This Court has duly taken note of that pursuant to the said reassessment,
the National Highways Authority of India is bound to make the payment in as
much as there was no challenge to the said Award passed on 19.04.2014.
This Court further having taken into account the recent judgment of the
Supreme Court in the case of Ultra-Tech Cement Limited vs. Mast Ram &
Others, reported in 2024 SCC OnLine 2598 wherein it has been categorically
observed that once the determination of compensation is made, it is the
bounden duty of the authority to make the payment and immediately, directs
the National Highways Authority of India to deposit the said reassessed
determined amount before the Additional District Commissioner, Kamrup,
Amingaon within 15 days from today along with the applicable interest.
3. Upon receipt of the said amount, the Additional District Commissioner,
Kamrup, Amingaon who is the Competent Authority shall disburse the
payment to the petitioner.
4. List this matter again on 08.01.2025 for an update.
5. A copy of the said assessment report which has been kept on record and
marked with the letter "X" be provided by Mr. D. Nath, the learned Standing
Counsel for the respondent No.6 to Mr. C. Baruah, the learned Standing
Counsel appearing on behalf of the National Highways of Authority of India to
do the needful."
3. Thereafter, this Court under its order dated 08.01.2025, observed that if there is
any delay in the payment of the amount to the petitioner, he would definitely be entitled
to the interest, taking into account the provisions of Section 28 of the Land Acquisition
Act, 1894 till the date of payment of the amount to the petitioner.
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4. On 10.03.2025, the learned Standing counsel, NHAI in reference to this Court's
earlier orders dated 27.11.2024 and dated 08.01.2025, on instruction received from the
Project Director (PIU), Guwahati, NHAI submitted that the payment of Rs. 45,35,762/-
(including interest) to the petitioner had been recommended to the Competent Authority,
NHAI for approval, which was under process. However, such payment was not made to
the petitioner. On 06.06.2025, again similar submission was made citing the reasons that
such proposal is to be approved by a Committee and due to some unavoidable reasons,
the Committee could not sit at the relevant point of time and it was further submitted on
instruction that the entire process shall be completed by 11.09.2025. Accordingly, the
matter was listed today.
5. However, position is at the same stage. Mr. Baruah, learned Standing counsel,
NHAI, prays for last opportunity to complete his instruction.
6. This Court records its displeasure at the conduct of the respondent authority, NHAI
and this Court on the prayer and insistence of Mr. C. Baruah, learned Standing counsel,
NHAI, has restrained itself from passing any order against the concerned officers and/or
to draw Suo-moto contempt proceeding.
7. The fact remains that, if such amount is not disbursed to the petitioner, the amount
shall carry day to day interest and such amount is to be paid from the State Public
Exchequer. Therefore, while adjourning this matter, this Court may direct for additional
interest to be paid by the erring officials from their salaries to save public money.
8. List this matter again on 07.11.2025 as Part-heard.
9. On the next date fixed, i.e., 07.11.2025, if nothing is done, this Court may direct for
personal appearance of the Regional Officer, NHAI to explain his/her conduct.
JUDGE
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Comparing Assistant
