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2025 DAILYLAW 8596 (GAU)

BITINISH SHIRA ALIAS ABAGI SHIRA AND ORS v. THE UNION OF INDIA AND ORS

I.A.(Civil)/867/2025 · 2025-04-03

Manish Choudhury

body2025

Judgment text

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Page No.# 1/5 GAHC010045452025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/867/2025 BITINISH SHIRA ALIAS ABAGI SHIRA AND ORS WO- DALDHAN MARAK, RESIDENT OF VILLAGE- NAKMAKUNDI, P.O. DAMRA, DISTRICT- GOALPARA, ASSAM 2: SILVIA R. MARAK @ SILVIA MARAK D/O- LATE RUSSELLINA R. MARAK RESIDENT OF DAGLAPARA P.O.- DAMRA DISTRICT- GOALPARA ASSAM. 3: LONDA MOMIN W/O- LATE REPSON MARAK RESIDENT OF VILLAGE- NAKMAKUNDI P.O.- DAMRA DISTRICT- GOALPARA ASSAM. 4: PARDETHA MOMIN W/O- KASTAM SANGMA RESIDENT OF VILLAGE- NAKMAKUNDI P.O.- DAMRA DISTRICT- GOALPARA ASSAM. Page No.# 2/5 5: CHANDAN BARUAH S/O- LATE MUKUL BARUAH RESIDENT OF VILLAGE AND P.O.- DAMRA DISTRICT- GOALPARA ASSAM. 6: KESON SANGMA HUSBAND OF LATE SOFIA SANGMA RESIDENT OF VILLAGE- NAKMAKUNDI P.O.- DAMRA DISTRICT- GOALPARA ASSAM. 7: DEOBALLA MOMIN @ DEOBANI MOMIN W/O- LATE GRIMSEN MARAK RESIDENT OF VILLAGE AND P.O.- DAMRA DISTRICT- GOALPARA ASSAM VERSUS THE UNION OF INDIA AND ORS , TO BE REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, DEPARTMENT OF ROAD, TRANSPORT AND HIGHWAYS, NEW DELHI-1 2:THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM LAND REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI-6. 3:THE DEPUTY COMMISSIONER GOALPARA P.O. AND DISTRICT- GOALPARA ASSAM. 4:THE CHIEF ENGINEER Page No.# 3/5 PWD N.H. WORKS ASSAM CHANDMARI GUWAHATI-3. 5:THE EXECUTIVE ENGINEER PWD GUWAHATI N.H. DIVISION GUWAHATI-1. 6:NATIONAL HIGHWAYS INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED REPRESENTED BY ITS MANAGING DIRECTOR 3RD FLOOR PTI BUILDING 4 PARLIAMENT STREET NEW DELHI-11000 Advocate for the Petitioner : MONOWAR HUSSAIN, MR. S R BARBHUIYA,MR M HUSSAIN Advocate for the Respondent : DY.S.G.I., GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 04-04-2025 Heard Mr. N. Hoque, learned counsel for the applicants; Ms. S. Baruah, learned CGC for the opposite party no. 1; Ms. P.R. Mahanta, learned Standing Counsel, Revenue & Disaster Management Department for the opposite party no. 2; and Mr. N. Goswami, learned Junior Government Advocate, Assam for the opposite party no. 3. None has appeared for the opposite party nos. 4 & 5 today on call. 2. The applicants as the writ petitioners has preferred the connected writ petition, W.P.[C] no. 4746/2023 stating that the petitioners’ parcels of land Page No.# 4/5 situated in Village – Damra Patpara and Nakmakundi, Mouza – Dudhnoi, Dudhnoi Revenue Circle have come under the purview of land acquisition in Land Acquisition Case no. 13/2011-12. It is stated that the process of land acquisition has been undertaken for widening of a National Highway from Damara to Dainadubi. 3. The applicants have stated that the National Highway Project has been undertaken by the Public Works Department, National Highway [Assam] and the National Highways and Infrastructure Corporation Limited [NHIDCL]. The instant interlocutory application has been preferred seeking impleadment of the following party – ‘National Highways and Infrastructure Development Corporation Limited, Represented By its Managing Director, PTI Building, Parliament Street, New Delhi, Pin- 110001’ -as party respondent no. 6 in the connected writ petition. 4. I have gone through the statements and averments made in this interlocutory application seeking impleadment of the afore-mentioned party respondent. 5. Having gone through the same, this Court is of the considered view that the proposed party respondent is a necessary party for adjudication of the issues involved in the connected writ petition. 6. The learned counsel for the opposite parties have submitted that they have no objection if the instant interlocutory application is allowed. Page No.# 5/5 7. Accordingly, the instant interlocutory application stands allowed. 8. 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 submission of the amended Cause-Title, the Registry shall do the necessary corrections in the Cause-Title of the writ petition as well as in the CIS and thereafter, list the writ petition for admission for issuance of notice to the newly impleaded party respondent no. 6. JUDGE Comparing Assistant