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GAHC010144532024

2026:GAU-AS:5021

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/3701/2024

MD. MAKSHED ALI S/O LATE MOBARAK ALI R/O VILL- 2 NO. LOHARKATHA

P.O. LOHARKATHA, P.S. MUKALMUA, DIST. NALBARI, ASSAM

PIN-781126

VERSUS THE STATE OF ASSAM AND 6 ORS

THROUGH THE PRINCIPAL TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT, DISPUR, GUWAHATI-6.

2:THE DIRECTOR OF LAND RECORDS AND SURVEY RUPNAGAR

GUWAHATI-32 ASSAM

3:THE DEPUTY COMMISSIONER

NALBARI P.O.

P.S. AND DIST. NALBARI ASSAM

4:THE CIRCLE OFFICER

BARKHETRI REVENUE CIRCLE NARAYANPUR

MUKALMUA

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DIST. NALBARI PIN-781126 ASSAM

5:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM

PUBLIC WORKS ROAD DEPARTMENT DISPUR GUWAHATI-781006

6:THE CHIEF ENGINEER (ROAD)

PUBLIC WORKS ROADS DEPARTMENT CHANDMARI

GUWAHATI ASSAM

7:THE EXECUTIVE ENGINEER

NALBARI DISTRICT TERRITORIAL ROAD

DIVISION NALBARI P.O.

P.S. AND DIST. NALBARI ASSAM

Advocate for the Petitioner : MS. S KANUNGOE, MR S HUSSAIN,MR. A S ALI,MR. S A B KHABIR

Advocate for the Respondent : GA, ASSAM, SC, PWD ROAD,SC, REVENUE

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BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA

ORDER

06.04.2026

1. Heard Mr. S. Kanungoe, learned counsel appearing for the petitioner. Also heard Mr. H. Sarma, learned Additional Senior Government Advocate appearing for respondent nos. 3 and 4; Mr. S. Sarma, learned Standing Counsel for the PWD Department representing respondent nos.5, 6 and 7 and Ms. P.R Mahanta,

learned counsel appearing for respondent nos.1 and 2.

2. The instant writ petition has been filed by the petitioner praying for compensation in lieu of the land acquired by the respondent authorities from the Khiraj Myadi Patta land of the petitioner measuring 1 Katha 3 Lechas under Patta No.220 and Dag No. 716 of Village - Loharkatha, Mouza – Pub Barkhetri, P.S –

Mukalmua, in the district of Nalbari.

3. The case of the petitioner is that the petitioner is the owner of a plot of land in village – Loharkatha under Mouza – Pub Barkhetri and Barkhetri Revenue Circle in the district of Nalbari

measuring 2 Kathas 11 Lechas under Dag No. 716 of Patta No.220.

4. It is contended that the respondent authorities without giving him any prior notice, started construction of a road throughout the above mentioned Khiraj Myadi Patta land covering 1 Katha 3 Lechas out of the aforesaid 2 Kathas 11 Lechas under Dag

No.716.

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5. It is the case of the petitioner that the aforesaid land was acquired by the respondent authorities without following the due

process under the Land Acquisition Act and other relevant laws.

6. Faced with the aforesaid situation, the petitioner has approached this Court for payment of compensation, if the land is acquired by the respondent authorities for construction of a public

road.

7. Affidavits have been exchanged in the instant case.

8. A co-ordinate Bench of this Court, while hearing the matter on 13.08.2025, passed a direction to the effect that the respondent authorities, specially the Deputy Commissioner, Nalbari, to compute the compensation which is required to be disbursed to the petitioner and place the same before the Secretary/Public Works Roads

Department for release of the funds.

9. After passing of the aforesaid order, the Circle Officer, Barkhetri Revenue Circle, Narayanpur, Mukalmua vide a communication dated 01.09.2025 to the Additional Deputy Commissioner, Nalbari intimated that a joint spot verification with the Public Works Roads Department, has been carried out and during the joint verification, it was found that, in fact, the people of villages have been using some portion of the land of the petitioner as a road and there is no construction of P.W.D road was going on in the

aforesaid land of the petitioner under Dag No.716, Patta No.220.

10. Subsequently, another letter dated 09.12.2025 was issued by the aforesaid Circle Officer intimating the Additional Deputy

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Commissioner, Nalbari that aft

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