Gauhati High Court
Minu Dutta vs The Union Of India And 11 Ors on 11 November, 2024
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/4
GAHC010197492024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5061/2024
MINU DUTTA
D/O LATE CHANDHAR KALITA
W/O SRI ALINDRA CH. DUTTA,
RESIDENT OF KAMARMATI GAON, PO MOUT GAON, PS JORHAT, DIST
JORHAT, ASSAM
VERSUS
THE UNION OF INDIA AND 11 ORS
REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY
OF ROAD TRANSPORT AND HIGHWAY
2:THE NATIONAL HIGHWAYS AUTHORITY OF INDIA
REPRESENTED BY ITS CHAIRMAN HAVING ITS HEADQUATER AT SECTOR
10 DWARKA
NEW DELHI
110075
NEW DELHI
3:THE NATIONAL HIGHWAY AUTHORITY OF INDIA
REGIONAL OFFICE AT GUWAHATI
NEDFI HOUSE
4TH FLOOR
G.S ROAD
DISPUR GUWAHATI 06
ASSAM
REPRESENTED BY ITS PROJECT DIRECTDOR
4:THE NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT
CORPORATION (NHIDCL)
PTI BUILDING
4 PARLIAMENT STREET
Page No.# 2/4
SANSAD MARG ARE
NEW DELHI 110001
5:THE ADDITIONAL DEPUTY COMMISSIONER (REVENUE) LAND
ACQUISITION
JORHAT
ASSAM
COMPETENT AUTHORITY UNDER THE NATIONAL HIGHWAYS
ACT 1956 785001
6:THE MANAGER
SAKALATING TEA ESTATE
VILLAGE SAKALATING GRANT
MOUZA KARAIKHOWA GAON
MOUZA PARBATIA
JORHAT WEST REVENUE CIRCLE
DIST JORHAT
ASASM 785001
7:SRI BIPUL KALITA
S/O LATE DHARMESWAR KALITA
RESIDENT OF MALOW ALI ROAD
MALOW ALI TINIALI
NEAR BSNL OFFICE
PO AND PS JORHAT
DIST JORHAT
ASSAM
785001
8:SMTI KAMALA DUTTA
D/O LATE DHARMESWAR KALITA
RESIDENT OF MALOW ALI ROAD
MALOW ALI TINIALI
NEAR BSNL OFFICE
PO AND PS JORHAT
DIST JORHAT
ASSAM
785001
9:SMTI ANIMA THAKURIA
D/O LATE DHARMESWAR KALITA
RESIDENT OF MALOW ALI ROAD
MALOW ALI TINIALI
NEAR BSNL OFFICE
PO AND PS JORHAT
DIST JORHAT
ASSAM
Page No.# 3/4
785001
10:SMTI ANIMA THAKURIA
D/O LATE DHARMESWAR KALITA
W/O ANANTA THAKURIA
RESIDENT OF GAYAN GAON
785001
PO
PS AND DIST JORHAT
ASSAM
11:SMTI. JAYSHREE BHARALI
D/O LATE ANJALI BHARAI
RESIDENT OF NEAR MURMURIA TEA ESTATE
PO MURMURIA
PS TITABOR
DIST JORHAT
ASSAM 785703
12:SRI TANKESWAR BHARALI
RESIDENT OF NEAR MURMURIA TEA ESTATE
PO MURMURIA
PS TITABOR
DIST JORHAT
ASSAM 785703
13:SMTI DEIJI BORBORAUH
D/O LATE DHARMESWAR KALITA
RESIDENT OF NEAR MURMURIA TEA ESTATE
PO MURMURIA
PS TITABOR
DIST JORHAT
ASSAM 78570
Advocate for the Petitioner : MR. S J SARMAH, MR. J I BORBHUIYA
Advocate for the Respondent : DY.S.G.I., MR A DEKA(R-6),N CHAUDHURY(R-6),MR. M
DAS(R-6),MR. B D DEKA (R-6),FOR CAVEATOR,MR H K BAISHYA,MR. B D GOSWAMI,SC,
NHAI,GA, ASSAM
Page No.# 4/4
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 11.11.2024
Heard Mr. J.I. Borbhuiya, learned counsel for the petitioner; Mr. B.D. Deka, learned
counsel for the caveator/respondent no. 6; Mr. C. Baruah, learned Standing Counsel,
NHAI/NHIDCL for the respondent nos. 1, 2, 3 & 4; and Ms. M. Barman, learned Junior
Government Advocate, Assam for the respondent no. 5.
In view of the Judgment of the three-Judges Bench decision in Life Insurance
Corporation of India vs. Nandini J. Shah and others, reported in [2018] 15 SCC 356, and the
Judgment and Order dated 27.02.2024 passed in the writ petition, W.P.[C] no. 558/2024, the
learned counsel for the petitioner has submitted that he would complete his instructions on
the issue of the maintainability of this writ petition under Article 226 of the Constitution of
India, in view of the fact that the Judgment and Order under challenge is passed by the
Principal Civil Court of original jurisdiction in a reference under Section 3H[4] of the National
Highways Act, 1956.
List the case on 13.11.2024.
JUDGE
Comparing Assistant
