Gauhati High Court
Page No.# 1/6 vs The Union Of India And 11 Ors on 5 August, 2024
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/6
GAHC010066212024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1834/2024
SANTOSH KUMAR JAIN AND 2 ORS.
S/O- LATE SHREECHAND JAIN, R/O- 401 ABHINANDAN APARTMENT, H.S.
ROAD, CHATRIBARI, GUWAHATI-781008, DIST. KAMRUP(M), ASSAM
2: SMT. SARITA JAIN
W/O- SHRI SANTOSH KUMAR JAIN
R/O- 401 ABHINANDAN APARTMENT
H.S. ROAD
CHATRIBARI
GUWAHATI-781008
DIST. KAMRUP(M)
ASSAM
3: SHREYANS JAIN
S/O- SHRI SANTOSH KUMAR JAIN
R/O- 401 ABHINANDAN APARTMENT
H.S. ROAD
CHATRIBARI
GUWAHATI-781008
DIST. KAMRUP(M)
ASSA
VERSUS
THE UNION OF INDIA AND 11 ORS.
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS REPRESENTED BY ITS
SECRETARY HAVING ITS PRINCIPAL OFFICE AT TRANSPORT BHAWAN,
PARLIAMENT STREET, NEW DELHI-110001.
2:THE NATIONAL HIGHWAY AUTHORITY
REPRESENTED BY ITS CHAIRMAN HAVING ITS OFFICE AND PRINCIPAL
PLACE OF BUSINESS AT TRANSPORT BHAWAN
PARLIAMENT STREET
NEW DELHI-110001.
Page No.# 2/6
3:NATIONAL HIGHWAY INFRASTRUCTURE DEVELOPMENT
CORPORATION LTD.
REPRESENTED BY ITS MANAGING DIRECTOR
HAVING ITS OFFICE AT PTI BUILDING
3RD FLOOR
4-PARLIAMENT STREET
NEW DELHI-110001.
4:THE NATIONAL HIGHWAY AND INFRASTRUCTURE DEVELOPMENT
CORPORATION LIMITED
A FULLY CENTRAL GOVT. COMPANY UNDER THE MINISTRY OF ROAD
TRANSPORT AND HIGHWAY
GOVT. OF INDIA
HAVING ITS OFFICE AND PRINCIPAL PLACE OF BUSINESS AT PTI
BUILDING
3RD BUILDING
3RD FLOOR
4- PARLIAMENT STREET
NEW DELHI-110001 AND HAVING ITS REGIONAL OFFICE AT GNB ROAD
AMBARI IN FRONT OF AGP OFFICE
GUWAHATI-1
REPRESENTED BY ITS EXECUTIVE DIRECTOR (PROJECT).
5:THE STATE OF ASSAM
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT.
OF ASSAM
REVENUE AND DISASTER MANAGEMENT DEPARTMENT
ASSAM SECRETARIAT
DISPUR
GHY-781006.
6:PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
REVENUE AND DISASTER MANAGEMENT DEPARTMENT
GOVT. OF ASSAM
ASSAM SECRETARIAT
DISPUR
GHY-781006.
7:THE SECRETARY TO THE GOVT. OF ASSAM
REVENUE AND DISASTER MANAGEMENT DEPARTMENT
GOVT. OF ASSAM
ASSAM SECRETARIAT
DISPUR
GHY-781006.
8:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM
LAND ACQUISITION BRANCH
Page No.# 3/6
REVENUE AND DISASTER MANAGEMENT LR DEPARTMENT
ASSAM SECRETARIAT
DISPUR
GHY-781006.
9:THE DISTRICT COMMISSIONER/ COLLECTOR
KAMRUP
AMINGAON.
10:THE ADDL. DISTRICT COMMISSIONER CUM LAND ACQUISITION
OFFICER FOR NATIONAL HIGHWAY-37.
KAMRUP
AMINGAON.
11:THE CIRCLE OFFICER
PALASBARI REVENUE CIRCLE
AMINGAON
KAMRUP(R).
12:ANIL DAS
DIRECTOR OF ANIL DAS CONSTRUCTIONS PRIVATE LIMITED
HAVING REGISTERED ADDRESS AT BORNIL TOWER
MIRZA-PALASHBARI ROAD
MIRZA
KAMRUP- 781125
ASSA
Advocate for the Petitioner(s) : Mr. J. Das
Advocate for the Respondent(s) : Ms. R. Bora
Mr. A. Bhattacharjee
Mr. S. Sarma
Mr. K. Bhuyan
Date of Hearing and Judgment : 05.08.2024
Page No.# 4/6
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
JUDGEMENT AND ORDER (ORAL)
Heard Mr. J. Das, the learned counsel appearing on behalf of the
petitioners. Ms. R. Bora, the learned counsel appears on behalf of the
respondent Nos. 1,2,3 & 4; Mr. A. Bhattacharjee, the learned counsel appears
on behalf of the respondent Nos. 5, 6, 7 & 8; Mr. S. Sarma, the learned counsel
appears on behalf of the respondent Nos. 9, 10 & 11; Mr. K. Bhuyan, the
learned counsel appears on behalf of the respondent No 12.
2. The petitioners herein who claim to be the owners of a plot of land
measuring 9 Bighas, 0 Katha, 17 Lechas covered by Dag No. 61 included in K.P.
Patta No. 5(Old)/158(New) situated at village-Dhantola, Rangamati, under
Mouza- Chayani within the Revenue Circle Palashbari in the District of Kamrup
(R) has filed the instant writ petition challenging the actions of the respondent
authorities in taking over the land of the petitioners without following the due
process.
3. It is the specific case of the petitioners that the respondent No.4 is
constructing a four lane National Highway in the stretch of land from Ch.
173.434 K.M. to Ch. 200.750 K.M. for package-10 of Bilasipara-Guwahati road in
the District of Kamrup in the State of Assam. While doing so, the respondent
authorities, more particularly the, respondent No. 4, in collusion with the
respondent Nos. 10 & 12 has taken over the land of the petitioners in violation
to the provisions to the National Highways Act, 1956. It is under such
circumstances, the petitioners herein have sought for direction upon the
respondents to pay compensation as provided under provision of the National
Highways Act, 1956 read with the Right to Fair Compensation and Transparency
In Land Acquisition, Rehabilitation and Resettlement Act, 2013 and further to
hold the construction work in the interim till the respondent authorities do not
issue proper notice under the applicable provisions of the National Highways
Act, 1956.
4. This Court vide an order dated 03.04.2024 issued notice and in the
meantime, directed till the next date of listing and/or until the issuance of
notification under Section 3(D) of the National Highways Act, 1956, the
respondent Nos. 1 to 4 were restrained from carrying out any activities on the
land of the petitioners, reference to which this Court has made in the previous
segments of the instant order.
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5. Ms. R. Bora, the learned counsel appearing on behalf of the respondent Nos.
1 to 4 submitted that in the meantime, the notifications under Section 3(C) of
the National Highways Act, 1956 as well as 3(D) of the said Act of 1956 have
been duly issued whereby the land measuring 0.6513 Hectares of the
petitioner's land had been acquired under the provisions of the National
Highways Act, 1956. In that regard, the learned counsel has drawn the attention
of this Court to the said notifications which are a part of the Interlocutory
Application filed seeking vacation, modification and/or alteration of the order
dated 03.04.2024.
6. This Court has duly taken note of that upon issuance of the notification
under Section 3(D) of the Act of 1956, the land measuring 0.6513 Hectares
belonging to the petitioners covered by Dag No. 61 included in Patta No.158 has
been acquired under the provision of the National Highways Act, 1956. It is the
mandate of law that upon issuance of the said notification, the land vested upon
the Central Government. Under such circumstances, this Court finds no reason
to keep the instant writ petition pending.
7. Mr. J. Das, the learned counsel appearing on behalf of the petitioners
submits that the land which has been acquired is only 0.6513 Hectares whereas
the petitioners land is much more. This Court makes it clear that the land which
has been acquired and it being only 0.6513 Hectares, the respondent Nos. 1 to
4 including the respondent No. 10 & 12 shall not have any right to disturb the
possession in respect to other lands beyond 0.6513 Hectares. The petitioners
herein would further be entitled to compensation in respect to the acquired land
and if the petitioners are aggrieved at inadequancy of the compensation, the
petitioners are always at liberty to avail remedies under the Act of 1956.
8. With the above observation(s) and direction(s) the instant writ petition
stands disposed of.
9. The interim order, passed earlier, stands vacated.
10. Interlocutory application, if any filed in connection with the instant writ
petition also stands disposed on the basis of the instant order.
JUDGE
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Comparing Assistant
