The court upheld the requirement for an administrative inquiry and state-funded compensation for agricultural land damage caused by highway construction, while seeking the State Government's position on the allocation of necessary funds.

(Ashutosh Kumar, CJ)

We have heard Mr. B. Baruah, learned Advocate for the appellants and Mr. S. Baruah, learned Government Advocate, Assam for respondent Nos.1 and 3.

The appellants had approached the learned Single Judge for a direction for payment of compensation on account of damage caused to their crops during the construction of National Highway-54 by the National Highway Authority of India (NHAI).

Because of the extensive earth cutting and the consequent dumping of soil as also the construction activities, the paddy fields of the appellants were badly affected. The irrigation channels were damaged and even the standing trees dried up because of the unregulated dumping of the debris.

All these led to the land becoming unfit for cultivation.

The appellants and other similarly situated villagers had approached the authorities including the Deputy Commissioner; the NHAI officials and the Revenue officials of the North Cachar Hills Autonomous Council way back in the year 2013.

The Revenue Department, according to the records, had conducted a physical verification and submitted an inquiry report in the year 2017, confirming the damage.

Despite this, no compensation as yet, had been paid.

The appellants contended before the learned Single Judge that the NHAI and the contractor were solely liable for the damages caused.

Taking note of the afore-noted contentions, the learned Single Judge directed the North Cachar Hills Autonomous Council to conduct an inquiry as to whether the appellants had suffered damage and if it were found that the damage was caused to the crops and the land and it was rendered unfit for agriculture, a request be made by the Autonomous Council to the State Government for allocation funds to compensate them. The learned Single Judge also set a time limit of 4(four) months for concluding the process.

Dissatisfied with the afore-noted directions, the appellants have approached this Court, grieving that in fact no fresh inquiry should have been ordered, especially when after a thorough inquiry, it was confirmed that damages were caused to the land belonging to the appellants and that the Court ought to have directly fixed the responsibility on the NHAI or the contractor for granting the compensation.

What leaves the appellants dissatisfied is that instead of directing the NHAI and its contractor to make good the damages by way of compensation, the entire process of compensation has been shifted to the administrative determination through the Council in the State Government.

Mr. B. Baruah, learned Advocate for the appellants has pointed out that during the course of hearing before the learned Single Judge, the NHAI actually tried to pass on the buck by relying on a State Government Notification of 2023, by which a Damage Assessment Committee for claims relating to damages beyond the Right-of-Way, which Committee was constituted in another Highway Project, which had literally no application to the facts of this case.

However, after having gone through the impugned judgment, we are of the view that the learned Single Judge has correctly directed for conducting an inquiry and putting an obligation on the North Cachar Hills Autonomous Council to seek State assistance in compensating the appellants.

What concerns us now is that unless the State Government allocates funds, the judgment impugned cannot be implemented.

For ascertaining the stand of the State Government, we have requested Mr. S. Baruah, learned Government Advocate, Assam appearing for respondent Nos.1 and 3 to respond to this memo of appeal by the next date.

Re-notify on 24.06.2026.