PRATAP BORTHAKUR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P. S. Deka, the learned Senior Counsel assisted by Mr. P. Bhattacharya, the learned counsel for the petitioners. Mr. B. J. Talukdar, the learned Senior Counsel assisted by Mr. P. K. Medhi, the learned counsel appears on behalf of the respondent Nos. 2 & 3; Mr. J. I. Borbhuiya, the learned counsel appears on behalf of the respondent Nos.10 to 15 and Mr. C. Baruah, the learned counsel appears on behalf of the respondent Nos.16 & 17.

(2.) The present writ petition has been filed challenging the order dtd. 30/6/2022 passed by the learned District Judge, Jorhat in LA Case No.01/2018 whereby while adjudicating a proceedings under Sec. 3H(4) of the National Highways Act 1956 (for short, "the Act of 1956"), the compensation has been apportioned amongst the three groups and the petitioners have only been held entitled to 25% of the compensation.

(3.) The materials on record show that a plot of land admeasuring 2 bighas 2 kathas 19 lechas covered by Dag No. 3, 33, 24/313, 25/313 under PP No.3 of Hazari Mouza, Nokari Bamun Gaon in the District of Jorhat was acquired by the National Highway Authority under the Act of 1956. The compensation was accordingly determined by the Competent Authority in terms with Sec. 3G(1) of the Act of 1956. Three sets of claimants laid claim to the compensation. As there was a dispute as regards the entitlement of the compensation, the competent authority referred the matter to the learned District Judge, Jorhat for adjudication in terms with Sec. 3H(4) of the Act of 1956.