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2025 DAILYLAW 20578 (GAU)

HUMA BEGUM BARBHUIYA v. THE STATE OF ASSAM AND 5 ORS

WP(C)/5917/2024 · 2025-02-06

Manish Choudhury

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010235532024 2025:GAU-AS:1257 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) WP(C)/5917/2024 HUMA BEGUM BARBHUIYA WIFE OF NAZRUL ISLAM BARBHUIYA RESIDENT OF VILL. AND P.O.- NEAIRGRAM II DIST.- CACHAR ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF REVENUE AND DM (LR) ASSAM (CIVIL) SECRETARIAT DISPUR GUWAHATI-06 2:THE UNION OF INDIA TO BE REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF ROAD TRANSPORT AND HIGHWAYS TRANSPORT BHAWAN PARLIAMENT STREET NEW DELHI PIN- 110001 3:THE MANAGING DIRECTOR NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 1ST AND 2ND FLOOR TOWER A WORLD TRADE CENTRE NAUROJI NAGAR Page No.# 2/3 NEW DELHI- 110029 4:THE DISTRICT COMMISSIONER-CUM-COLLECTOR CACHAR SILCHAR ASSAM PIN- 788001 5:THE ADDITIONAL DISTRICT COMMISSIONER REVENUE CACHAR ASSAM PIN- 788001 6:THE DEPUTY GENERAL MANAGER (P) NHIDCL PMU-SILCHAR PESKAR LANE SONAI ROAD KANAKPUR PART-I SILCHAR- 788006 ASSAM ------------ Advocate for : MR. A R BHUYAN Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 5 ORS BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER 07.02.2025 Mr. A.R. Bhuyan, learned counsel for the petitioner; Mr. A. Bhattacharya, learned Standing Counsel, Revenue & Disaster Management Department for the respondent no. 1; Mr. P.S. Bhattacharya, learned Central Government Counsel [CGC] for the respondent no. 2; Ms. R. Baruah, learned Standing Counsel, NHIDCL for the respondent nos. 3 & 6; and Mr. S. Baruah, learned Junior Government Advocate, Assam for the respondent nos. 4 & 5 are present. Mr. Bhuyan, learned counsel for the petitioner has submitted that the petitioner is Page No.# 3/3 aggrieved by the manner of assessment and the quantum of assessment made in respect of zirat in the process of acquisition made under the provisions of the National Highways Act, 1956. He has further submitted that since there is a provision for making an application for enhanced compensation under Section 3G[5] of the National Highways Act, 1956, the petitioner wants to avail the said remedy and in that view of the matter, the petitioner is not pursuing the instant writ petition, at this stage. The submission made by the learned counsel for the petitioner is not opposed by the learned counsel for the respondents side. In view of the above submission made by the learned counsel for the petitioner, the writ petition stands closed, reserving the liberty to the petitioner to avail the remedy, indicated above. JUDGE Comparing Assistant