Aswini Dowerah vs The State Of Assam And 2 Ors
2022 Latest Caselaw 1244 Gua

                                                              Page No.# 1/2

GAHC010041522019




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

                                 Case No. : WP(C)/1379/2019

            ASWINI DOWERAH
            R/O GANDHI NAGAR,
            BAIRAGIMATH, P.S. DIBRUGARH, ASSAM- 786001.



            VERSUS

            THE STATE OF ASSAM AND 2 ORS.
            REP. BY THE SECRETARY TO THE GOVT. OF ASSAM,
            DISPUR, GUWAHATI - 781003.

            2:THE DEPUTY COMMISSIONER

             DIBRUGARH DISTRICT
             DIBRUGARH
             ASSAM- 786001.

            3:THE ADDITIONAL DEPUTY COMMISSIONER

             DIBRUGARH DISTRICT
             DIBRUGARH
             ASSAM- 786001

Advocate for the Petitioner   : MR. A K DAS

Advocate for the Respondent : GA, ASSAM

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BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

06-04-2022

Heard Mr. A. K. Das, learned counsel for the petitioner and Mr. C. S. Hazarika, learned Government Advocate, Assam for the respondent Nos. 1, 2 & 3.

The case in hand is that land of the petitioner was taken over for National Highway No. 37 (By- pass), Dibrugarh-Tinsukia at Village-Niz Lahowal, Mouza-Lahowal in the district of Dibrugarh.

In view of the above, for proper adjudication of this case, the National Highways Authority of India (NHAI) as well as the National Highways Infrastructure Development Corporation Limited (NHIDCL) be impleaded as party respondent Nos. 4 & 5 respectively in the present proceeding.

Registry shall do the needful accordingly.

A Constitution Bench of the Hon'ble Supreme Court by its judgment and order dated 06.03.2020 has already decided the matter relating to Section 24 including Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, in the case of Indore Development Authority Vs. Manoharlal & Others reported in 2020 (8) SCC 395.

However, as the land involved in the case has been taken over for the purpose of National Highway No. 37 (By-pass) Dibrugharh-Tinsukia at Village-Niz Lahowal, Mouza-Lahowal in the district of Dibrugarh, it appears that the land involved in the case seems to have been acquired under the National Highways Act, 1956 and not under the said 2013 Act.

List this matter on 19.04.2022 reflecting the names of the Standing counsels of NHAI and NHIDCL for the newly impleaded respondent Nos. 4 & 5 respectively in the cause list.

List accordingly.

JUDGE

Comparing Assistant