[Cites 8, Cited by 0]
Gauhati High Court
Shri Sanjay Kumar Bajaj vs The Union Of India And 7 Ors on 31 March, 2026
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/5
GAHC010037472026
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1345/2026
SHRI SANJAY KUMAR BAJAJ
S/O- LATE GANESH NARAYAN BAJAJ, R/O- FLAT- 3B, SARASWATI
GARIMA, SARASWATI ROAD, PAN BAZAR, GUWAHATI- 781001, ASSAM,
P.S. PANBAZAR, P.O.- PANBAZAR
VERSUS
THE UNION OF INDIA AND 7 ORS
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS REPRESENTED BY ITS
SECRETARY HAVING ITS PRINCIPALOFFICE AT TRANSPORT
BHAWAN,PARLIAMENT STREET, NEW DELHI-110001
2:THE NATIONAL HIGHWAY AUTHORITY
REPRESENTED BY ITS CHAIRMAN HHAVING ITS OFFICE AND PRINCIPAL
PLACE OF BUSINESS AT TRANSPORT BHAWAN
PARLIAMENT STREET
NEW DELHI- 110001
3:THE NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT
CORPORATION LIMITED
A FULLY CENTRAL GOVERNMENT COMPANY UNDER MINISTRY OF
ROAD TRANSPORT AND HIGHWAY
GOVERNMENT OF INDIA
HAVING ITS OFFICE AND PRINCIPAL PLACE OF BUSINESS AT PTI
BUILDING
PARLIAMENT STREET
NEW DELHI-1 AND HAVING ITS BRANCH OFFICE AT GNB ROAD
AMBARI IN FRONT OF AGP OFFICE
GUWAHATI-1
REPRESENTED BY ITS EXECUTIVE DIRECTOR
4:THE STATE OF ASSAM
Page No.# 2/5
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE
GOVERNMENT OF ASSAM
REVENUE AND DISASTER MANAGEMENT DEPARTMENT
ASSAM SECRETARIAT
DISPUR
GUWAHATI- 781006
5:THE COMMISSIONER AND SECRETARY
REVENUE AND DISASTER MANAGEMENT DEPARTMENT
GOVERNNMENT OF ASSAM
ASSAM SECRETARIAT
DISPUR
GUWAHATI- 781006
6:THE DISTRICT COMMISSIONER
NALBARI
7:THE LAND ACQUISITION OFFICER CUM ADDL. DISTRICT
COMMIISSIONER
NALBARI
8:THE CIRCLE OFFICER
NALBARI REVENUE CIRCLE
NALBAR
Advocate for the petitioner(s): Mr. SP Roy
Advocate for the respondent(s): Ms. M Barman, Govt. Advocate, Assam
Mr. A Bhattacharya, Standing Counsel,
Revenue Department, Govt. of Assam
Mr. C Baruah, Standing Counsel, NHAI
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
ORDER
31.03.2026
Page No.# 3/5
Heard Mr. SP Roy, the learned counsel appearing on behalf of the petitioner.
2. Issue notice making it returnable on 04.05.2026.
3. Mr. C Baruah, the learned counsel accepts notice on behalf of respondent
Nos.1, 2 and 3; Mr. A Bhattacharya, the learned counsel accepts notice on
behalf of respondent Nos.4 and 5 and Ms. M Barman, the learned counsel
accepts notice on behalf of respondent Nos.6, 7 and 8.
4. Taking into account that all the respondents are duly represented extra
copies of the writ petition be served upon the respective counsels by tomorrow.
5. The case of the petitioner herein is that the petitioner is the owner of a plot
of land ad measuring 2 bighas covered by various Dag numbers as detailed out
at paragraph 2 to the writ petition. In the year 2019, the petitioner came to
learn that 1 katha 10 lechas of land under Patta No.29 covered by Dag No.126
and 2 kathas 14 lechas of land under Patta No.16 covered by Dag No.127
totaling to 4 kathas 4 lechas were acquired by the National Highway Authority of
India for the purpose of widening of the NH-31.
6. It is the case of the petitioner that the requirement of National Highways
Act, 1956 (for short, the Act of 1956) for issuance of necessary Notifications
under Sections 3A, 3D as well as 3G have not been complied with. The
petitioner had submitted various representations thereafter, but the Competent
Authority for Land Acquisition had not taken any steps. It was only on
01.08.2025, a notice was issued to the petitioner that the petitioner should
collect the compensation in respect to the acquisition of the land by submitting
the necessary documents mentioned therein.
7. It is the further case of the petitioner that the compensation which was
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paid was only a paltry sum without taking into consideration the requirement in
terms with Section 3G(7) of the Act of 1956. The learned counsel appearing on
behalf of the petitioner further referring to the judgment of the Supreme Court
in the case of National Highways Authority of India Vs. P. Nagarajualias
Cheluvaiah and Anr. reported in (2022) 15 SCC 1 submitted that the
provisions of Sections 26 to 30 of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has
to be applied while taking into account the provisions of Section 3G (7) of the
Act of 1956 which has not been done and in that regard the petitioner has also
submitted a representation on 09.08.2025 which has also not been taken into
consideration by the respondent authorities.
8. This Court taking into account the order passed by the learned Coordinate
Bench of this Court on 09.03.2026 enquired with the learned counsel appearing
on behalf of the petitioner as to whether the documents which were sought for
vide the communication dated 01.08.2025 have been furnished or not. The
learned counsel appearing on behalf of the petitioner drawing the attention of
this Court to the additional affidavit filed on 18.03.2026 submitted that the
petitioner is not adverse to submission of the documents, but the said
submission of the documents should not be implied that the petitioner has
accepted the compensation or has agreed to the compensation.
9. Taking into account the above, this Court directs the respondents to bring
on record their stand by filing the affidavit on or before the next date fixed as to
whether there has been due compliance to the provisions of Act of 1956 insofar
as acquiring the lands of the petitioner.
10. This Court further in the meantime grants the liberty to the petitioner to
submit documents as has been sought for vide the communication dated
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01.08.2025 before the respondent No.7. The respondent No.7 being the
Competent Authority for Land Acquisition shall upon due satisfaction of the said
documents release the compensation amount to the petitioner.
11. It is further observed that the submission of the said documents by the
petitioner shall not be construed as a waiver of the petitioner to seek for further
amounts, if the petitioner is otherwise entitled to as per law. The petitioner
would be at liberty to accept the said amount under protest.
12. List accordingly.
JUDGE
Comparing Assistant
