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2025 DAILYLAW 6779 (GAU)

ABDUL ODUD AND 3 ORS v. THE UNION OF INDIA AND 10 ORS

WP(C)/777/2025 · 2025-02-16

Kaushik Goswami

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/5 GAHC010020542025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/777/2025 ABDUL ODUD AND 3 ORS S/O LATE MOSAID ALI, PERMANENT R/O VILLAGE SHIVNARAYANPUR, P.O GOVINDAPUR, P.S. KATIGORAH, DISTRICT CACHAR, ASSAM, PIN 788804 2: ABDUL HAI CHOUDHURY S/O LATE MOSAID ALI PERMANENT R/O VILLAGE SHIVNARAYANPUR P.O GOVINDAPUR P.S. KATIGORAH DISTRICT CACHAR ASSAM PIN 788804 3: ABDUS SALAM S/O LATE MASHARRAF ALI PERMANENT R/O VILLAGE SHIVNARAYANPUR P.O GOVINDAPUR P.S. KATIGORAH DISTRICT CACHAR ASSAM PIN 788804 4: SHAMIM IQUBAL S/O LATE MASHARRAF ALI PERMANENT R/O VILLAGE SHIVNARAYANPUR P.O GOVINDAPUR P.S. KATIGORAH DISTRICT CACHAR ASSAM PIN 78880 VERSUS Page No.# 2/5 THE UNION OF INDIA AND 10 ORS REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD TRANSPORT HIGHWAY, GOVERNMENT OF INDIA, TRANSPORT BHAWN, 1 PARLIAMENT STREET, NEW DELHI-01. 2:THE STATE OF ASSAM REPRESENTED BY THE CHIEF SECRETARY GOVT. OF ASSAM DISPUR GUWAHATI-6. 3:THE CHAIRMAN NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. (NHIDCL) 3RD FLOOR PTI BUILDING 4 PARLIAMENT STREET NEW DELHI-01. 4:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF REVENUE DISPUR GUWAHATI-6. 5:THE GENERAL MANAGER (P) PMU/SILCHAR NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. (NHIDCL) PASKER LANE SONAI ROAD KANAKPUR PART-I SILCHAR-788006 6:THE DISTRICT COLLECTOR/DISTRICT COMMISSIONER CACHAR SILCHAR ASSAM PIN-788001 7:THE ADDITIONAL DISTRICT COMMISSIONER CUM COMPETENT AUTHORITY OF LAND ACQUISITION Page No.# 3/5 NHIDCL SILCHAR CACHAR-788001. 8:THE ASSISTANT SETTLEMENT OFFICER KATIGORAH REVENUE CIRCLE KATIGORAH DIST. CACHAR ASSAM 9:THE CIRCLE OFFICER KATIGORAH CIRCLE KATIGORAH DIST.CACHAR ASSAM 10:KABIR AHMED @ BABUL S/O LATE SARAFAT ALI R/O VILL-SHIVARAYANPUR P.O.GONVINDAPUR P.S. KATIGORAH DIST. CACHAR ASSAM PIN-788804 11:ASHARRAF SIDIQUE S/O LATE KHOIRUZZAMAN @ KHOIRUL R/O VILL- SHIVNARAYANPUR P.O. GONVINDAPUR P.S. KATIGORAH DIST. CACHAR ASSAM PIN-78880 Advocate for the Petitioner : MR. B J GHOSH, MR. T SK Advocate for the Respondent : DY.S.G.I., MR. S S ROY,SC, NHIDC,GA, ASSAM Page No.# 4/5 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 17.02.2025 Heard Mr. B.J. Ghosh, learned counsel for the petitioners. Also heard Mr. S.S. Roy, learned CGC for the respondent No. 1, Mr. N. Goswami, learned Government Advocate for the respondent No. 2, 6, 7, 8 & 9 and Mrs. V.L. Singh, learned Standing Counsel, NHIDCL for respondent Nos. 3 & 5. By way of this writ petition under Article 226 of the Constitution of India, the petitioners are seeking direction inter alia to include the names of the legal heirs of late Mosid Ali and Masharraf Ali as next of kin alongwith respondent Nos. 10 & 11 for receiving the land acquisition compensation in respect of the subject land. It is submitted at the bar that the instant writ petition can be disposed of with a direction to the respondent authority, i.e., the Additional Deputy Commissioner, Land Acquisition Branch, Cachar, Silchar to dispose of the representation filed by the petitioners within a specified period of time. It appears that the specific grievance of the writ petitioners in the present case is the non-consideration of the said representation dated 04.12.2024 submitted by the petitioners alongwith other co-sharer of the land against the exclusion of their names from 3D Notification issued by the respondent authority for acquisition of land for Bharat Mala in respect of acquisition of land measuring 24 Kathas approx, which is 0.1707 Hectares as per Notification in 2nd RS Patta No. 68 in Dag No. 97 through Gazette Nofication No. S.O.3200 (E) Page No.# 5/5 dated 18.07.2023 issued by the Ministry of Road Transport and Highways under the Bharat Mala. In the interest of justice, this Court is of the considered view that this writ petition can be disposed of by directing the respondent authorities, particularly the respondent No. 7 to dispose of the representation of the petitioners dated 04.12.2024 within a period of 2 (two) months from the date of receipt of a certified copy of the order. Ordered accordingly. The writ petition is accordingly disposed of. JUDGE Comparing Assistant