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2025 DAILYLAW 10731 (GAU)

JAHAN UDDIN LASKAR AND 2 ORS. v. THE UNION OF INDIA AND 4 ORS.

WP(C)/2089/2025 · 2025-04-22

Arun Dev Choudhury

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010077872025 2025:GAU-AS:4817 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2089/2025 JAHAN UDDIN LASKAR AND 2 ORS. S/O NASIM UDDIN LASKAR, R/O VILL NEAIRGRAM PART II, P.S- SILCHAR, DISTRICT- CACHAR, ASSAM-788013 2: ALI AKBAR LASKAR S/O NASIM UDDIN LASKAR R/O VILL NEAIRGRAM PART II P.S- SILCHAR DISTRICT- CACHAR ASSAM-788013 3: NASIM UDDIN LASKAR S/O LATE TASABBUR ALI LASKAR R/O VILL NEAIRGRAM PART II P.S- SILCHAR DISTRICT- CACHAR ASSAM-78801 VERSUS THE UNION OF INDIA AND 4 ORS. REPRESENTED BY SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAWAN, 1, PARLIAMENT STREET, NEW DELHI-110001 2:THE NATIONAL HIGHWAYS AUTHORITY OF INDIA REGIONAL OFFICE AT GUWAHATI NEDFI HOUSE 4TH FLOOR G.S. ROAD DISPUR GUWAHATI- 06. 3:THE DISTRICT COMMISSIONER CACHAR Page No.# 2/3 SILCHAR P.O- SILCHAR. DISTRICT- CACHAR PIN-788001 4:THE ADDL. DISTRICT COMMISSIONER (REVENUE) LAND ACQUISITION DISTRICT- CACHAR. PIN-788001. 5:THE GENERAL MANAGER (PROJECT) PMU- SILCHAR NHIDCL PESKAR LANE SONAI ROAD KANAKPUR PART I SILCHAR- 78800 Advocate for the Petitioner : MR. L R MAZUMDER, MR. A ISLAM Advocate for the Respondent : DY.S.G.I., SC, NHAI,SC, NHIDC,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 23.04.2025 1. Heard Mr. L. R. Mazumder, learned counsel for the petitioners. Also heard Ms. R. Borah, learned counsel for the respondent Nos. 1, 2 and 5 and Mr. S. S. Roy, learned counsel for the respondent Nos. 3 and 4. 2. According to the petitioners, the petitioner’s land has been acquired pursuant to a land acquisition proceeding carried out in terms of the National Highways Act, 1956. It is the grievance of the petitioners that the zirat compensation is not sufficient and zirat ought to have been higher than what is determined. 3. According to the petitioners, they have filed an application before the competent authority. However, nothing has been done by the competent authority. 4. This Court has perused the representation purportedly, filed by the petitioners Page No.# 3/3 raising such issues, however, such representation dated 06.02.2025 (Annexure-6) is not made to the competent authority of Land Acquisition (CALA) under the National Highways Act, and the representation is filed for enhancement of zirat only. 5. Be that as it may, the present writ petition is disposed of, permitting the petitioners to take recourse to the remedies under Section 3G(5.) of National Highways Act, 1956. 6. This writ petition stands disposed of. JUDGE Comparing Assistant