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2025 Supreme(Online)(Gau) 3978

GAUHATI HIGH COURT
Arun Dev Choudhury, J
SHANTANU DAS AND ORS – Appellant
Versus
THE UNION OF INDIA AND ORS – Respondent
WP(C)/2845/2025



Advocates:
For the Appellants/Petitioners: MR H R A CHOUDHURY, MR F U BARBHUIYA, MS S DAS
For the Respondents: DY.S.G.I., SC, NHIDC, SC, PWD, GA, ASSAM, SC. REVENUE

The court highlighted the procedural complications surrounding land acquisition compensation claims under applicable statutory provisions.

Headnote:In accordance with the provisions governing land acquisition for National Highway 37, the petitioners claim unpaid zirat compensation following the acquisition of their land. The NHIDCL argues that an award has been passed, which limits further jurisdiction. The Court recognizes the legal framework governing compensation and accepts notices on behalf of all respondents, ensuring representations are duly provided before the subsequent hearing date. The Court ordered the petitioners' claims to be acknowledged promptly as per applicable statutes and procedures.

Table of Content
1. procedural issues surrounding compensation claims. (Para 1 , 2 , 3)
2. disputed jurisdiction over compensation awards. (Para 4)
3. acceptance of parties' representation and notice. (Para 5 , 6)

O R D E R

27.05.2025

1. Heard Mr. HRA Choudhury, learned Senior counsel assisted by Mr. FU Barbhuiya, learned counsel for the petitioners.

2. The grievance of the petitioner is that though while acquiring the land for construction of National Highway 37 between k.m. 4.560 to k.m. 24.560 (Silchar-Cachar), the land of the petitioners have been acquired, they have not been paid zirat compensation. Accordingly, they have filed representation seeking such zirat compensation.

3. A stand has been taken at paragraph No. 10 of the writ petition that such claim of the petitioners have been denied by the respondent No. 4, though there was a subsequent enquiry in this regard.

4. On the other hand, Mr. RK Talukdar, learned standing counsel for the NHIDCL, on instruction, submits that already award has been passed by the competent authority under Section 3G and therefore, at this stage the said authorities shall have no jurisdiction to entertain/ modify such award already passed.

5. Issue notice, returnable after four weeks.

6. Mr. SS Roy, learned CGC accepts notice on behalf of respondent No. 1, Mr. R Talukdar, learned standing counsel NHIDCL accepts notice on behalf of respondent No. 5, Mr. P Nayak, learned standing counsel for the PWD accepts notice on behalf of respondent Nos. 6 and 7, Mr. N Goswami, learned Govt. Advocate accepts notice on behalf of respondent Nos. 3 and 4 and Ms. G Hazarika, learned State counsel accepts notice on behalf of respondent No. 2. As all the parties are duly represented, no formal notice is required to be issued. However, extra copies of the writ petition, in required numbers, be furnished to them within a period of five days from today.

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