Court directed an assessment and compensation for damages to local tribes' plantations due to highway construction, emphasizing timely relief and responsibility of authorities.

JUDGMENT & ORDER :

SANJAY KUMAR MEDHI, J.

Thirteen numbers of petitioners have joined together in filing this petition under Article 226 of the Constitution of India with the following reliefs:

“It is therefore prayed that your lordship would be pleased to admit this petition call for the records, issue rule calling upon the respondents to show cause as to whythe concern respondent authority shall not be directed to pay the Zeerat Compensations for causing damage to the plantation and garden of the petitioners stood over the petitioners private land for causing substantial loss and damage while construction of National Highway 54, to protect the legitimate right of the petitioners and their family who were poor and illiterate local tribes of Dima Hasao District and after such cause or causes that may be shows, perusing the records and heaving the parties, further be pleased to make the rule absolute and/ or pass such further or other order as your lordship may seem fit and proper.”

2. As per the facts projected, construction of the National Highway-54 was taken up by the National Highway Authorities of India (hereinafter NHAI) in the NC Hills District of Assam, including the Harangajao area where the petitioners reside. It is contended that while earth cutting and dumping works were done in connection with the construction of the aforesaid National Highway, damage has been caused to the petitioners.It is the specific case of the petitioners that due to such earth cutting and dumping, plantations and gardens maintained by the petitioners have been damaged. It is also contended that the lands of the petitioners were, both in and outside the Right-of-Way (RoW) and in spite of the damage caused, no compensation has been paid. The petitioners claim to have submitted representations to the respondent authorities in spite of which, no action was taken to compensate the petitioners.The petitioners also allege that they are poor and illiterate persons and the authorities have taken advantage of the situation. Accordingly, the writ petition has been filed.

3. I have heard that Shri B Barua, learned counsel for the petitioners. I have also heard Shri C Baruah, learned Standing Counsel, NHAI as well as Shri RM Das, learned Standing Counsel, NCHAC.

4. Shri B Baruah, learned counsel for the petitioners has submitted that as per the information obtained by the petitioners, there was an agreement between the contractor and the NHAI as per which, for the compensation arising in the RoW, it is the NHAI which would pay the compensation and for any such claims which are outside the RoW, it would be the contractor who would pay the compensation.He has submitted that when this issue had subsequently come to light, the contractor was also made a party respondent No. 7 by an order dated 04.04.2018, passed in IA(C)/635/2018. By drawing the attention of the affidavit- in-opposition filed by respondent no.6 dated 17.12.2024, the learned counsel has submitted that vide a communication dated 16.12.2024 issued by the Lot Patwari, Harangajao to the Revenue Department of the Dima Hasao Council, it was stated that the petitioner nos. 1, 2 and 9 would not be entitled to any compensation. He has, however, drawn the attention of this Court to the affidavit filed by the Council on 18.12.2017 wherein, a communication has been enclosed dated 31.05.2017 whereby, the same Lot Patwari had recommended damage after making an assessment. He has submitted that even if the second communication dated 16.12.2024 is taken into consideration, some of the petitioners would still be entitled to the damage as per the assessment made.He has accordingly prayed for a direction for payment