Heard Mr. S. Deka, the learned Counsel appearing for the petitioners. Also heard Mr. B.J. Ghosh, the learned Government Advocate representing the respondent Nos. 2, 3 & 4. The Union of India is represented by Mr. S.C. Keyal the learned Asstt. Solicitor General of India. However no one is appearing on behalf of the substituted legal heirs of the contesting party Achyut Ch. Saikia who was arrayed as the fifth respondent in the case.

2. The dispute pertains to the entitlement to compensation for the lands acquired under the National Highways Act, 1956 (hereinafter referred to as “the Highway Act”). The concerned land measures 3 Kathas 8 Lechas and is comprised within Dag No.551, K.P. Patta No.106 of Village Niz Madartola (now Baihata), Mouza-Madartola of the Kamalpur Revenue Circle in the Kamrup District. In the Khiraj Patta No.106 (Annexure-1), the owner of the land is shown to be Maniram Mali and the writ petitioners claim their right of inheritance over the said land through Dharanidhar Mali (Son of the Pattadar Maniram Mali). It may be noted that first petitioner Smti. Pabitra Deka is the wife of Dharanidhar Mali but recently she died during the pendency of the case. Howe