WAHIDA REHMAN v. NATIONAL HIGHWAY AUTHORITY OF INDIA AND 4 ORS
WP(C)/4774/2022 · 2025-06-17
Sanjay Kumar Medhi
Civil Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 15286 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15286 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010143572022
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4774/2022 WAHIDA REHMAN W/O- SARWAR KHAN @ SARBAR KHAN, R/O- H/NO. 268, DIJUBASTI, MISSA, P.O. AMONI, P.S. SAMAGURI, DIST. NAGAON, PIN- 782128. VERSUS NATIONAL HIGHWAY AUTHORITY OF INDIA AND 4 ORS REGIONAL OFFICE- GUWAHATI, NEDFi HOUSE, 4TH FLOOR, G.S. ROAD, DISPUR, GUWAHATI-781006, ASSAM 2:NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. REGIONAL OFFICE- GUWAHATI ADDRESS- 2ND FLOOR AGNISHANTI BUSINESS PARK OPP. AGP OFFICE GNB ROAD AMBARI GUWAHATI-781001. 3:THE DEPUTY COMMISSIONER NAGAON ADDRESS- OLD TRUNK ROAD CHRISTIANPATTY NAGAON ASSAM-782001. 4:THE ADDL. DEPUTY COMMISSIONER CUM COMPETENT AUTHORITY FOR LAND ACQUISITION (C.A.L.A.) NAGAON. Page No.# 2/3 5:THE CIRCLE OFFICER SAMAGURI REVENUE CIRCLE NAGAON ASSA Advocate for the Petitioner : MD. M H CHOUDHURY, MRS. L N CHOUDHURY,MR MONZUR K CHOUDHURY,MR. P CHAKRABORTY,R. BARUAH,MR. T NORBU Advocate for the Respondent : SHRI C BARUAH SC, NHAI, GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 18.06.2025 Heard Shri TL Choudhury, learned counsel appearing on instructions of Shri MH Choudhury, learned Senior Counsel for the petitioner. Also heard Shri BJ Talukdar, learned Addl. Sr. Govt. Advocate, Assam, who has produced a copy of the written instructions dated 10.06.2025. 2. Considering the subject matter, the written instructions obtained by the learned State Counsel and as agreed to by the learned counsel for the parties, this writ petition is taken up for disposal at the admission stage. 3. In any case, this writ petition is pending since the year 2022. As per the facts projected, 16 lechas of land of the petitioner under PP No. 139 Dat No. 232 of Village- Missa under Samaguri (K) Circle was acquired for four-laning of the NH-37. In the first assessment, the value of the land as well as the RCC building was ascertained and according to the petitioner, the building was valued at approximately Rs. 15 lakhs. Certain objections were raised with regard to such valuation and accordingly, the earlier assessment was cancelled. The petitioner’s grievance is with regard to the payment of a fair compensation for the RCC building. Page No.# 3/3
4.
Shri Talukdar, learned State Counsel has, however submitted that from the aforesaid written instruction dated 10.06.2025, it appears that the building in question would not come within the ambit of the acquisition process and it is only the land which has been acquired for which, compensation has already been paid. 5. The aforesaid written instruction, which has been placed on record, is also inclusive of a copy of communication dated 06.06.2025 issued by the Circle Officer to the ADC, Nagaon. 6. On perusal of the said communication dated 06.06.2025, this Court is of the opinion that the grievance raised in this petition would no longer be existing. 7. Accordingly, the writ petition is closed. 8. Copy of the written instructions dated 10.06.2025 along with the enclosures are made part of the records. JUDGE Comparing Assistant