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2025 DAILYLAW 9910 (GAU)

FAZLUL HOQUE v. UNION OF INDIA AND 6 ORS

WP(C)/2100/2025 · 2025-05-22

Arun Dev Choudhury

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010064832025 2025:GAU-AS:6514 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2100/2025 FAZLUL HOQUE S/O- ABDUS SALAM SHEIKH, PERMANENT RESIDENT OF VILL.- MUSALMAN PARA, P.O. GOLAKGANJ, PIN- 783334, DIST. DHUBRI, ASSAM VERSUS UNION OF INDIA AND 6 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF ROAD, TRANSPORT AND HIGHWAY, TRANSPORT BHAWAN, 1, PARLIAMENT STREET, NEW DELHI-110001. 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT (LR) DEPARTMENT DISPUR GHY-781006. 3:THE DISTRICT COMMISSIONER CUM COLLECTOR DHUBRI DIST. DHUBRI ASSAM PIN- 783301. 4:THE ADDITIONAL DISTRICT COMMISSIONER CUM COMPETENT AUTHORITY LAND ACQUISITION BRANCH DEPUTY COMMISSIONER OFFICE DHUBRI DIST. DHUBRI ASSAM PIN- 783301. Page No.# 2/3 5:THE CIRCLE OFFICER GOLAKGANJ REVENUE CIRCLE P.O. AND P.S. GOLAKGANJ DIST. DHUBRI ASSAM PIN- 783301. 6:THE NATIONAL HIGHWAYS AUTHORITY OF INDIA (NHAI) (MINISTRY OF ROAD TRANSPORT AND HIGHWAY) GOVERNMENT OF INDIA A COMPANY HAVING ITS REGISTERED OFFICE AT G-5 AND 6 SECTOR-10 DWARKA NEW DELHI-110075 AND REGIONAL OFFICE AT NEDFI HOUSE 4TH FLOOR G.S. ROAD DISPUR GHY-781006 ASSAM AND IS REPRESENTED BY ITS CHAIRMAN. 7:THE NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED (NHIDCL) HAVING ITS OFFICE AND PRINCIPAL PLACE OF BUSINESS AT 3RD FLOOR PTI BUILDING 4-PARLIAMENT STREET NEW DELHI-110001 AND HAVING ITS BRANCH OFFICE AT PMU (DHUBRI) G.T.B. ROAD OPPOSITE BHOOTNATH TEMPLE DHUBRI-783324 ASSAM AND IS REPRESENTED BY ITS GENERAL MANAGER Advocate for the Petitioner : MR. SURAJIT DAS, MR A W AMAN,MR SARFRAZ NAWAZ,A S CHOUDHURY Advocate for the Respondent : DY.S.G.I., SC, NHAI,SC, NHIDC,SC, REVENUE,MR. S.S. ROY, GA, ASSAM BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 23.05.2025 1. Heard Mr. S. Das, learned counsel for the petitioner and Ms. R. Devi, learned CGC for the respondent No. 1. Also heard Ms. G. Hazarika, learned Standing counsel, Revenue Page No.# 3/3 Department for the respondent No. 2, Mr. S.S.Roy, learned State counsel representing the respondent Nos. 3 to 5, Ms. R. Borah, learned counsel for the respondent Nos. 6 & 7. 2. The grievance of the petitioner is that while acquiring the land of the petitioner, houses standing thereon were not assessed and no payment was made. Accordingly, he approached before the Competent Authority, who called for a report from the concerned Circle Officer. The Competent Authority heard the matter on 07.10.2023. However, till date, no determination has been made in this regard. 3. Mr. S.S.Roy, learned State counsel, as per direction of this Court’s order dated 13.05.2025, has produced his instruction, which goes to show that the grievance raised by the petitioner, has been rejected by the Competent Authority Land Acquisition, Dhubri under its order dated 07.10.2023. 4. In view of the aforesaid, the learned counsel for the petitioner submits that the instant writ petition may be allowed to be withdrawn with a liberty to approach the appropriate forum for redressal of his grievances. 5. Prayer stands allowed. Accordingly, the writ petition stands closed with a liberty as prayed for. 6. A copy of the aforesaid instruction be furnished to the learned counsel for the petitioner by the State counsel and also be kept on record. JUDGE Comparing Assistant