Page No. 1/4 GAHC010260732024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/89/2025 NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT LIMITED REPRESENTED BY THE DEPUTY GENERAL MANAGER(P) PMU-SILCHAR PEKAR LANE SONAI ROAD KANAKPUR PART-I SILCHAR ASSAM-788006 VERSUS CHANDAN MOY NATH AND 4 ORS SON OF LATE CHITTARANJAN NATH RESIDENT OF VILLAGE GABINDAPUR PART-III P.S. KATIGORAH DISTRICT- CACHAR ASSAM PIN- 788804 2:KAMINI NATH SON OF LATE KAILASH CHANDRA NATH RESIDENT OF VILLAGE GABINDAPUR PART-III P.S. KATIGORAH DISTRICT- CACHAR ASSAM PIN- 788804 3:BIMAL CHANDRA NATH SON OF LATE BORODA CHARAN NATH RESIDENT OF VILLAGE GABINDAPUR PART-III P.S. KATIGORAH Page No. 2/4 DISTRICT- CACHAR ASSAM PIN- 788804 4:DHANANJAY NATH SON OF LATE JAMINI NATH RESIDENT OF VILLAGE GABINDAPUR PART-III P.S. KATIGORAH DISTRICT- CACHAR ASSAM PIN- 788804 5:SEKHAR NATH SON OF LATE KAMDEB NATH RESIDENT OF VILLAGE GABINDAPUR PART-III P.S. KATIGORAH DISTRICT- CACHAR ASSAM PIN- 788804 6:THE UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF ROAD TRANSPORT AND HIGHWAYS TRANSPORT BHAWAN 1 PARLIAMENT STREET NEW DELHI- 110001 7:THE STATE OF ASSAM REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI-6 8:THE SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT AND ARBITRATOR LAND ACQUISITION CASES ASSAM DISPUR GUWAHATI-6 9:THE DISTRICT COMMISSIONER (LAND ACQUISITION BRANCH) DISTRICT- CACHAR ASSAM PIN- 788001 Page No. 3/4 10:THE ADDITIONAL DISTRICT COMMISSIONER (LAND ACQUISITION BRANCH) DISTRICT- CACHAR ASSAM PIN- 788001 11:THE ASSISTANT SETTLEMENT OFFICER KATIGORAH REVENUE CIRCLE DIST- CACHAR ASSAM PIN- 788805 12:THE NATIONAL HIGHWAYS AUTHORITY OF INDIA REPRESENTED BY ITS CHAIRMAN G 5 AND 6 SECTOR 10 DWARKA NEW DELHI- 110075 Advocate for : MR. RAJIV BORO Advocate for : GA ASSAM appearing for CHANDAN MOY NATH AND 4 ORS BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 20.01.2025 Heard Mr. C. Baruah, learned Standing Counsel, National Highways & Infrastructure Development Corporation Limited [NHIDCL] for the applicant and Mr. B.U. Laskar, learned counsel for the opposite party nos. 1-6 – writ petitioners. Also heard Mr. H. Sarma, learned Additional Senior Government Advocate, Assam for the Cachar District Administration authorities; and Mr. J. Handique, learned Standing Counsel, Revenue Department, Assam. 2. The instant interlocutory application is preferred by the applicant seeking its impleadment as a party-respondent in the accompanying writ petition, W.P.[C] no. 6644/2024, which the opposite party nos. 1-6 have preferred as the writ petitioners. 3. It has been averred that the opposite party nos. 1-6 – writ petitioners have preferred the connected writ petition raising grievance as regards assessment of compensation in Page No. 4/4 respect of the parcels of land, which have been acquired from the opposite party nos. 1-6 – writ petitioners. It has been contended therein that the procedure laid down in the National Highways Act, 1956 has been violated in the process of acquisitioning the land of the opposite party nos. 1-6 – writ petitioners. 4. Mr. Baruah, learned counsel appearing for the applicant has submitted that the NHIDCL is the requiring authority in the land acquisition process and in the accompanying writ petition, the NHIDCL has not been impleaded a party-respondent and as a result, the NHIDCL as the requiring authority is prevented from making its stand clear in the accompanying writ petition. It is his submission that the NHIDCL is a necessary party in view of the issues involved in the accompanying writ petition. 5. The learned counsel for the opposite party nos. 1-6 – writ petitioners has fairly submitted that he has no objection if the instant interlocutory application is allowed. 6. Having regard to the submissions made by the learned counsel for the parties and considering the fact of the NHIDCL is the requiring authority in respect of the lands acquired under the National Highways Act, 1956 and more particularly, in respect of the parcels of land of the opposite party nos. 1-6 – writ petitioners, the instant interlocutory application seeking impleadment of the applicant, NHIDCL as the party-respondent no. 8 is allowed. 7. The learned counsel for the opposite party nos. 1-6 – writ petitioner shall file an amended cause-title in terms of the Notification no. 79 dated 19.06.2023 within 2 [two] working days from today. JUDGE Comparing Assistant