SHAHJAHAN ALI AND 4 ORS v. THE STATE OF ASSAM AND 5 ORS
I.A.(Civil)/388/2025 · 2025-02-23
Manish Choudhury
body2025
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[ 2025 DAILYLAW 6677 (GAU) · dailylaw.ai ]
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[ 2025 DAILYLAW 6677 (GAU) · dailylaw.ai ]
Judgment text
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/388/2025 SHAHJAHAN ALI AND 4 ORS S/O- LATE KULE MAMUD, RESIDENT OF KISMAT HASDAHA PT-II, P.O.
KISMAT HASDAHA, P.S. DHUBRI, DIST.- DHUBRI, ASSAM 2: FAYZER ALI S/O- LATE KULE MAMUD RESIDENT OF KISMAT HASDAHA PT-II P.O. KISMAT HASDAHA P.S. DHUBRI DIST.- DHUBRI ASSAM 3: ABDUL BARI S/O- LATE KULE MAMUD RESIDENT OF KISMAT HASDAHA PT-II P.O. KISMAT HASDAHA P.S. DHUBRI DIST.- DHUBRI ASSAM 4: FAYEJ ALI S/O- LATE KULE MAMUD RESIDENT OF KISMAT HASDAHA PT-II P.O. KISMAT HASDAHA P.S. DHUBRI DIST.- DHUBRI ASSAM 5: RIPON AHMED S/O- LATE SARKAT ALI @ SAROJ ALI RESIDENT OF KISMAT HASDAHA PT-II P.O. KISMAT HASDAHA P.S. DHUBRI DIST.- DHUBRI
Page No.# 2/4 ASSA VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI- 781006 2:NATIONAL HIGHWAYS AUTHORITY OF INDIA REPRESENTED BY ITS CHAIRMAN SECTOR-10 DWARKA NEW DELHI- 110075 3:THE DISTRICT COMMISSIONER DHUBRI PO- DHUBRI DIST.- DHUBRI ASSAM PIN- 783301 4:THE ADDITIONAL DISTRICT COMMISSIONER (LAND ACQUISITION BRANCH) DHUBRI PO- DHUBRI DIST.- DHUBRI ASSAM PIN- 783301 5:THE CIRCLE OFFICER DHUBRI REVENUE CIRCLE PO- DHUBRI DIST.- DHUBRI ASSAM PIN- 783301 6:BACHU SK @ BACHACHU SHEIKH S/O- LATE DHULU SHEIKH @ DOLU SK RESIDENT OF KISMAT HASDAHA PT-II P.O. KISMAT HASDAHA P.S. DHUBRI DIST.- DHUBRI ASSAM PIN- 783334 7:THE NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD
Page No.# 3/4 UNDER THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVERNMENT OF INDIA REPRESENTED BY ITS CHAIRMAN HEAD OFFICE AT 1ST AND 2ND FLOOR TOWER A WORLD TRADE CENTRE NAUROJI NAGAR NEW DELHI-11002 Advocate for the Petitioner : ATIULLAH HAWARI, MR A HAWARI,A R MONDAL Advocate for the Respondent : GA, ASSAM, SC, NHAI,SC, REVENUE,MR. M S ALAM(R-6),MD. S ALOM(R-6)
BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 24.02.2025 Heard Mr. S. Islam, learned counsel for the applicants; Ms. G. Hazarika, learned Standing Counsel, Revenue & Disaster Management Department for the opposite party no. 1; Mr. C. Baruah, learned Standing Counsel, NHAI for the opposite party no. 2; Ms. M. Barman, learned Junior Government Advocate, Assam for the opposite party nos. 3, 4 & 5; Mr. M.S. Alom, learned counsel for the opposite party no. 6. 2.
The instant Interlocutory Application, I.A.[Civil]/388/2025 is preferred seeking the impleadment of the following authority –
“The National Highways & Infrastructure Development Corporation Ltd. under the Ministry of Road Transport & Highways, Government of India, represented by its Chairman, Head Office at 1st and 2nd floor, Tower A, World Trade Centre, Nauroji Nagar, New Delhi-110029”
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as party respondent no. 7 in the connected writ petition, W.P.[C.] no. 3694/2024. 3. The applicants as the writ petitioners have preferred the connected writ petition, W.P. [C.] no. 3694/2024 seeking inter alia direction to the respondent authorities therein to pay adequate compensation to the petitioners in respect of the parcel of land belonging to the petitioners, acquired vide L.A. case no. 14/2016. 4. It is averred that the proposed party-respondent no. 7 is a necessary party in the connected writ petition, W.P.[C.] no. 3694/2024 as the party-respondent no. 7 is the requiring authority in respect of the land acquisition process initiated vide L.A. Case no. 14/2016. 5. Learned counsel for the opposite parties have submitted that they have no objection with regard to the prayer for impleadment. 6. The statements and averments made in the instant interlocutory application are perused. As the proposed party-respondent no. 7 is the requiring authority, the presence of the above authority as a party-respondent in the writ petition is found necessary for proper and effective adjudication of the issues involved in the writ petition. The instant Interlocutory Application, I.A.[Civil]/388/2025 is, therefore, allowed. 7. The learned counsel for the applicants-writ petitioners shall file an amended Cause- Title in terms of the Notification no. 79 dated 19.06.2023 before the Registry within 3 [three] working days from today and on filing of such amended cause-title, the registry to cause necessary corrections in the cause-title as well as in the CIS. JUDGE Comparing Assistant