Under Section 3H(4) of the National Highways Act, 1956, the reference court has jurisdiction to incidentally determine questions of title for apportionment of compensation. The competent authority may order partial payment with indemnity safeguards pending reference.

JUDGMENT AND ORDER (ORAL)

DEVASHIS BARUAH, J.

Heard Mr. A. R. Bhuyan, the learned Senior Counsel assisted by Mr. S. Abdullah, the learned counsel appearing on behalf of the Petitioners. Mr. R. Borpujari, the learned counsel appears on behalf of the Respondent No.1; Mrs. R. Borah, the learned counsel appears on behalf of the Respondent Nos.2 & 3; Mr. H. Sarmah, the learned Additional Senior Government Advocate appears on behalf of the Respondent Nos.4 & 5 and Mr. P. K. Roychoudhury, the learned Senior Counsel assisted by Mr. S. A. Ahmed, the learned counsel appears on behalf of the Respondent No.6 & 7.

2. The present writ petition has been filed by the Petitioners assailing the Speaking Order dated 07.01.2025 passed by the Additional District Commissioner, Cachar and further seeking a direction upon the Respondent Nos.4 and 5 to dispose of the representations dated 10.01.2025 and 24.01.2025.

3. The brief facts which led to the filing of the instant writ petition are that for the purpose of building (widening/four-laning etc.) maintenance, management and operation of NH-306 in the stretch of land from Km. 0+000 to Km. 20+000, in the district of Cachar, acquisition proceedings have been initiated under the National Highways Act, 1956 (for short, ‘the Act of 1956). Amongst the various plots of land which have been acquired by issuance of Notification nd under Section 3D of the Act of 1956, Dag No.15 of the 2 RS Patta No.7 had been acquired. During the course of hearing, the Notification under Section 3D of the Act of 1956 which was issued on 21.07.2023, was placed before this Court which is kept on record and marked with the letter “X”.

4. From a perusal of the said Notification under Section 3D of the Act of 1956, the names of the Respondent Nos.6 and 7 and their predecessors are mentioned. However, the names of the Petitioners are not mentioned. It is further apparent from the materials on record that in terms with award statement made under Section 3G of the Act of 1956, the Central Government had already deposited the compensation for onward disbursement to the persons interested. The Petitioners who claim rights over the said land, approached the Respondent No.5 who is the Competent Authority of Land Acquisition thereby raising disputes to the entitlement of the Respondent Nos. 6 and 7 to the compensation and claiming apportionment of the compensation.

5. The Respondent No.5 passed the impugned order dated 07.01.2025 wherein it was mentioned that taking into account that the names of the Respondent Nos.6 & 7 featured in the award under Section 3G of the Act of 1956 and they were dispossessed from the land, 50% of the zirat compensation may be paid to Respondent Nos.6 & 7 so as to enable them to shift from the site and the remaining 50% of the amount of the zirat compensation would be deposited before the learned District and Sessions Judge, Silchar. Being aggrieved, the present writ petition.

6. The learned Coordinate Bench of this Court vide the order dated 26.09.2025 issued notice and directed that no amount should be released without taking the leave of the Court.

7. The Respondent Nos.6 & 7 thereupon have appeared before this Court and filed an Interlocutory Application for vacating the order dated 26.09.2025 which is registered and numbered as IA(C) No.8687/2026. The said Interlocutory Application has come up for disposal before this Court today and taking into account that disposing the Interlocutory Application, this Court be required to enter into merits, this Court with the consent of the parties has taken up the instant writ petition for final disposal.

8. The question arises in the instant proceedings is as to whether the course of action taken by the Respondent No.5 calls for interference?

9. The materials on record show that the names of the Respondent Nos. 6 and 7 along with their predecessor-in-interest feature in the Notification dated 21.07.2023. Apart from that, the Respondent Nos. 6 and 7 are in possession of the lan