WP(C) 3915/2011 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr G Baishya, learned counsel for the petitioner and Mr B Gogoi, l earned counsel for the respondent no.1. Also heard Mr Khaund, learned counsel fo r the respondent nos.2 and 3 as well as Mr JMA Choudhury, learned CGC appearing for the respondent no.4. As agreed to by learned counsel for the parties, the case is taken up fo r disposal at the motion stage itself without issuing any notice to the responde nt nos.5 and 6, as the writ petition is proposed to be disposed of by allowing t he petitioner to approach the competent authority for reference of the disputed under Section 3H(4) of National Highways Act, 1956. The grievance of the petitioner is that though the land belonging to him has been acquired under provisions of National Highways Act, 1956 and the amoun t of compensation has been assessed, no amount has been paid to him and instead a part of the amount has already been paid to the respondent nos.5 and 6. Accord ing to the petitioner, there is a dispute relating to apportionment of the amoun t of compensation awarded by the competent authority for acquisition of the land under the aforesaid Act. Sub-section (4) of Section 3H of the National Highways Act, provides tha t any dispute arises as to the apportionment of the amount or any part threof o r to any person to whom the same or any part thereof is payable, the competent a uthority shall refer the dispute to the decision of the principal civil court of original jurisdiction within the limits of whose jurisdiction the land is situa ted. The petitioner is yet to approach the competent authority for referring the dispute to the civil court as required under Section 3H of the aforesaid Act . That being the position, this petition is disposed of giving liberty to the petitioner to approach the competent authority under the provisions of the a foresaid Act seeking reference of the dispute, relating to apportionment of the amount of compensation awarded, to the Civil Court as required under sub-section (4) of Section 3H of the said Act and in case such an approach is made, the com petent authority shall pass necessary order keeping in view the aforesaid provis ion of law and upon notice to all the parties including the respondent nos.5 and 6.. The same shall be done within 45 days from the date of receipt of such appl ication. The writ petition is accordingly disposed of. No costs.