[Cites 8, Cited by 0]
Gauhati High Court
Page No.# 1/8 vs The State Of Assam And Othrs on 9 February, 2026
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/8
GAHC010001512026
2026:GAU-AS:1754
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/602/2026
SRI RATNA KANTA NATH and othrs
SON OF LATE KUSHARAM NATH,
RESIDENT OF VILLAGE- BORNOTA, P.O. NAHARBARI, P.S.-JAMUGURI,
DISTRICT-SONITPUR, ASSAM, PIN-784182
2: SRI DHARMA KANTA NATH
SON OF LATE LAKHIRAM NATH RESIDENT OF VILLAGE- CHAMDHARA
P.O. NAHARBARI
P.S. JAMUGURI
DISTRICT-SONITPUR
ASSAM
PIN784182
3: SRI UTPAL JADAB
SON OF JAGANNATH YADAV RESIDENT OF VILLAGE- CHAMDHARA
P.O. NAHARBARI
P.S. JAMUGURI DISTRICT-SONITPUR
ASSAM
PIN784182
4: SRI BADAN NATH
SON OF LATE BHOLOW NATH RESIDENT OF VILLAGE- CHAMDHARA
PANIGAON
P.O. NAHARBARI
P.S. JAMUGURI
DISTRICT-SONITPUR
ASSAM
PIN-784182
5: SRI MADAN NATH
SON OF KALIRAM NATH ALIAS KALIA NATH RESIDENT OF VILLAGE-
CHAMDHARA
P.O. NAHARBARI
P.S. JAMUGURI
Page No.# 2/8
DISTRICT-SONITPUR
ASSAM
PIN784182
6: SRI MARUT NATH
SON OF BANESHWAR NATH RESIDENT OF VILLAGE- CHAMDHARA
PANIGAON
P.O. NAHARBARI
P.S. JAMUGURI
DISTRICT-SONITPUR
ASSAM
PIN-784182
7: SRI RATNESWAR NATH
SON OF KHARGESWAR NATH RESIDENT OF VILLAGE- CHAMDHARA
PANIGAON
P.O. NAHARBARI
P.S. JAMUGURI
DISTRICT-SONITPUR
ASSAM
PIN-784182
8: SRI ANANTA BHUYAN
SON OF MINARAM BHUYAN PHUKAN KEOT RESIDENT OF VILLAGE-
CHAMDHARA PANIGAON
P.O. NAHARBARI
P.S. JAMUGURI
DISTRICT-SONITPUR
9: SRI SHYAMLAL KOIREE
SON OF RAMBADAN KOIREE RESIDENT OF VILLAGE- CHAMDHARA
PANIGAON
P.O. NAHARBARI
P.S. JAMUGURI
DISTRICT-SONITPUR
ASSAM
PIN-784182
10: SRI JOGEN NATH
SON OF LATE LAKHIRAM NATH RESIDENT OF VILLAGE- CHAMDHARA
PANIGAON
P.O. NAHARBARI
P.S. JAMUGURI
DISTRICT-SONITPUR
ASSAM
PIN-784182
11: SRI PURNA KANTA NATH
Page No.# 3/8
SON OF BHUBAN NATH RESIDENT OF VILLAGE- CHAMDHARA
PANIGAON
P.O. NAHARBARI
P.S. JAMUGURI
DISTRICT-SONITPUR
ASSAM
PIN-784182
12: SRI TAPAN NATH
SON OF LATE MINARAM NATH RESIDENT OF VILLAGE- NAHARBARI
P.O.- BAKOLA
P.S. JAMUGURI
DISTRICT-SONITPUR
ASSAM
PIN784182
13: SRI MAHANANDA NATH
SON OF LATE GUNARAM NATH RESIDENT OF VILLAGE- CHAMDHARA
PANIGAON
P.O. NAHARBARI
P.S. JAMUGURI
DISTRICT-SONITPUR
ASSAM
PIN-784182
14: SRI RUNU BORAH
SON OF LATE NAGEN BORAH RESIDENT OF VILLAGE- CHAMDHARA
PANIGAON
P.O. NAHARBARI
P.S. JAMUGURI
DISTRICT-SONITPUR
ASSAM
PIN-784182
15: SRI MAHENDRA NATH
SON OF LATE MADHARAM NATH RESIDENT OF VILLAGE- CHAMDHARA
PANIGAON
P.O. NAHARBARI
P.S. JAMUGURI
DISTRICT-SONITPUR
ASSAM
PIN-784182
16: SRI MINARAM BHUYAN
SON OF LATE PUNARAM BHUYAN RESIDENT OF VILLAGE- CHAMDHARA
PANIGAON
P.O. NAHARBARI
P.S. JAMUGURI
Page No.# 4/8
DISTRICT-SONITPUR
ASSAM
PIN-784182.
17: SMT TUSHESWARI DEVI
W/O- LATE LOKESWAR NATH
RESIDENT OF VILLAGE- CHAMDHARA PANIGAON
P.O. NAHARBARI
P.S. JAMUGURI
DISTRICT-SONITPUR
ASSAM
PIN-784182.
18: SRI CHANDRA KANTA SAIKIA
SON OF LATE BHABIRAM SAIKIA RESIDENT OF VILLAGE- CHAMDHARA
P.O. NAHARBARI
P.S. JAMUGURI
DISTRICT-SONITPUR
ASSAM
PIN78418
VERSUS
THE STATE OF ASSAM AND OTHRS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, REVENUE AND D.M. DEPARTMENT, DISPUR,
GUWAHATI-6.
2:THE SECRETARY TO THE GOVERNMENT OF ASSAM
REVENUE AND D.M. DEPARTMENT
DISPUR
GUWAHATI-6.
3:THE DISTRICT COMMISSIONER CUM COLLECTOR
SONITPUR
TEZPUR
DISTRICT-SONITPUR
ASSAM
PIN
4:THE COMPETENT AUTHORITY CUM ADDITIONAL DEPUTY
COMMISSIONER
CALA LAND ACQUISITION
SONITPUR
TEZPUR
DISTRICT-SONITPUR
Page No.# 5/8
ASSAM
PIN
5:THE CIRCLE OFFICER
NA-DUAR REVENUE CIRCLE
DISTRICT-SONITPUR
ASSAM
PIN
6:THE NATIONAL HIGHWAY AUTHORITY OF INDIA
REPRESENTED BY CHIEF GENERAL MANAGER
SECTOR-10
DWARKA
NEW DELHI-110075.
7:THE CHIEF GENERAL MANAGER
NATIONAL HIGHWAY AND INFRASTRUCTURE DEVELOPMENT
CORPORATION LIMITED
3RD FLOOR
PTI BUILDING
4-PARLIAMENT STREET
NEW DELHI-110001.
8:THE SECRETARY
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS
GOVERNMENT OF INDIA
TRANSPORT BHAWAN
1 PARLIAMENT STREET
NEW DELHI-110001
For the petitioner (s) : Mr. N. Borah, Advocate
For the respondent (s) : Ms. G. Hazarika, Advocate
Mr. B. J. Talukdar, Advocate
Mrs. R. Borah, Advocate
Page No.# 6/8
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
ORDER
09.02.2026
Heard Mr. N. Borah, the learned counsel appearing on
behalf of the petitioners. Ms. G. Hazarika, the learned counsel
appears on behalf of the respondent Nos.1 & 2; Mr. B. J.
Talukdar, the learned counsel appears on behalf of the
respondent Nos.3, 4 & 5 and Mrs. R. Borah, the learned counsel
appears on behalf of the respondent Nos.6, 7 & 8.
2. The petitioners herein are aggrieved by the Award dated
26.09.2025 by the Arbitrator-cum-Secretary to the Government
of Assam, Revenue and Disaster Management Department
whereby the Award has been passed for enhancement of the
zonal valuation of the land of 2020-21 by an increment of 20%.
3. The learned counsel appearing on behalf of the petitioners
submitted that in view of the judgment of the Supreme Court in
the case of National Highways Authority of India vs. P. Nagaraju
alias Cheluvaiah and Another, reported in (2022) 15 SCC 1, the
provisions of Sections 26 to 30 of the Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (for short, 'the Act of 2013') are
applicable while determining the value of the land in terms with
Page No.# 7/8
Section 3G(7) of the National Highways Act, 1956. He submitted
that in that view of the matter, the zonal value fixation of the
land could not at all have been taken into consideration in as
much as when sale deeds/agreements for sale were available, it
was the incumbent duty of the learned Arbitrator to consider the
highest exemplar in terms with Section 26(1) of the Act of 2013
rather than applying 26(3) of the Act of 2013, which under no
circumstances could have been applicable.
4. This Court enquired with the learned counsel appearing on
behalf of the petitioners that the petitioners herein have an
alternative and efficacious remedy in terms with Section 34 of
the Arbitration and Conciliation Act, 1996, more so taking into
account that in terms with Section 3G(5) of the National
Highways Act, 1956, the Award is an Award in terms with the
Arbitration and Conciliation Act, 1996. The learned counsel
submitted that on account of mistaken advice, the petitioners
have approached this Court and rather the petitioners would be
well advised to file an application under Section 34 of the
Arbitration and Conciliation Act, 1996 challenging the Award
dated 26.09.2025 passed in Appeal No.18/2022. The learned
counsel also submitted that as the petitioners have been
bonafidely litigating in the present proceedings, the period from
the date the present petition has been pending before this Court
Page No.# 8/8
be excluded while computing the period of limitation.
5. Taking into account the above, this Court closes the writ
petition on withdrawal with a further liberty to approach the
Court in terms with Section 34 of the Arbitration and Conciliation
Act, 1996.
6. This Court further observes that taking into account that the
petitioners have on mistaken advice approached this Court, the
period from 05.01.2026 till date, be excluded while computing
the period of limitation for filing the application under Section 34
of the Arbitration and Conciliation Act, 1996.
JUDGE
Comparing Assistant
