GAHC010222752024 2026:GAU-AS:2454 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/5498/2024 HITESH PEGU S/O LATE LALIT CHANDRA PEGU, RESIDENT OF VILLAGE LEKU JELOM, PO LEKU, PS JONAI, DIST DHEMAJI, ASSAM 787060 VERSUS THE UNION OF INDIA AND 9 ORS TO BE REP. BY THE SECRETARY TO THE GOVT. OF INDIA, DEPARTMENT OF ROAD TRANSPORT AND NATIONAL HIGHWAY, NEW DELHI

2:THE STATE OF ASSAM TO BE REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF LAND REVENUE AND DISASTER MANAGEMENT DISPUR GUWAHATI 781006 ASSAM

3:THE DISTRICT COMMISSIONER DHEMAJI RAM NAGAR DHEMAJI ASSAM 787057

4:THE ADDITIONAL DISTRICT COMMISSIONER (REVENUE) CUM COMPETENT AUTHORITY FOR LAND ACQUISITION DHEMAJI RAM NAGAR DHEMAJI ASSAM 787057

5:THE EXECUTIVE DIRECTOR NHIDCL NER 2ND FLOOR AGNISHANTI BUSINESS PARK OPP. AGP OFFICE AMBARI GUWAHATI 781001 ASSAM

6:THE GENERAL MANAGER (P) PMU NHIDCL DIBRUGARH ASSAM 786003

7:THE ASSISTANT COMMISSIONER DHEMAJI RAM NAGAR DHEMAJI ASSAM 787057

8:THE CIRCLE OFFICER JONAI REVENUE CIRCLE DIST DHEMAJI ASSAM 787060

9:SMTI. MANANTI DOLEY W/O LATE BIDYAPESWAR DOLEY RESIDENT OF VILLAGE NO. 1 TORAJAN PO AND PS JONAI DIST DHEMAJI ASSAM 787060

10:SMTI BIJAYA DOLEY PEGU D/O LATE BIDYESWAR DOLEY RESIDENT OF VILLAGE NO. 1 TORAJAN PO AND PS JONAI DIST DHEMAJI ASSAM 78706 For the Petitioner(s) : Mr. M. K. Shah, Advocate For the Respondent(s) : Mr. S.S. Roy, Advocate Mr. A. Bhattacharyya, Advocate Mr. B. J. Talukdar, Sr. Advocate Mr. P. K. Medhi, Advocate Mr. R. Baro, Advocate Mr. P. S. Deka, Sr. Advocate Mr. B. S. Deka, Advocate BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R

18.02.2026 Heard Mr. M. K. Shah, the learned counsel appearing on behalf of the petitioner. Mr. S. S. Roy, the learned counsel appears on behalf of the respondent No.1; Mr. A. Bhattacharyya, the learned counsel appears on behalf of the respondent No.2; Mr. B. J. Talukdar, the learned senior counsel assisted by Mr. P. K. Medhi appears on behalf of the respondent Nos.3, 4, 7 & 8; Mr. R. Boro, the learned counsel appears on behalf of the respondent Nos.6; Mr. P.S. Deka, the learned senior counsel assisted by Mr. B. S. Deka, the learned counsel appears on behalf of the respondent Nos.9 & 10.

2. The present writ petition has been filed by the petitioner seeking a direction of the respondents to release the compensation due to the petitioner and other legal heirs of Late Bidyeswar Doley.

3. The record reveals that the NHIDCL required land for widening/construction of a four-lane National Highway and under such circumstances, proceedings were initiated under the National Highways Act, 1956 (for short,’ the Act of 1956’).

4. The compensation was determined by the competent authority to the tune of Rs.45,10,830.08p against the land shown in the name of Bidyeswar Doley. The petitioner is the grandson of Late Bidyeswar Doley and the respondent No.9 is the wife and respondent No.10 is the daughter of Late Bidyeswar Doley. It is seen that certain disputes have arisen as regards to the entitlement of the amount receivable by the heirs of Late Bidyeswar Doley.

5. The grievance of the petitioner herein is that the petitioner is also entitled to a share of the said compensation. In this regard, this Court finds it pertinent to take note of Section 3H(4) of the Act of 1956 which categorically stipulates that when there a dispute arises as to the apportionment of the amount or any part thereof, or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the Principal Civil Court of original jurisdiction within the limits of whose jurisdiction the land is situated. It is also seen that in terms of Section 3H(3) of the Act of 1956, the competent authority can only determine the person who is entitled to in a case where there are no disputes.

6. The materials on record clearly show that there are disputes as regards the entitlement. Under such circumstances, it i