Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/6 GAHC010104702026
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1769/2026 IMAD HUSSAIN LASKAR S/O NASIR UDDIN LASKAR,R/O VILLAGE-KASHIPUR PART-II,P.O.- KASHIPUR, P.S.-SILCHAR,DISTRICT-CACHAR, ASSAM.
2: AHAD HUSSAIN LASKAR S/O NASIR UDDIN LASKAR R/O VILLAGE-KASHIPUR PART-II P.O.-KASHIPUR P.S.-SILCHAR DISTRICT-CACHAR ASSAM VERSUS THE UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA,MINISTRY OF ROAD TRANSPORT HIGHWAYS,TRANSPORT BHAWAN-1, PARLIAMENT STREET,NEW DELHI-110001.
2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER SECRETARY TO THE GOVT. OF ASSAM REVENUE DISASTER MANAGEMENT DEPARTMENT DISPUR GHY-6.
3:THE COMMISSIONER OF PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT PANJABARI GUWAHATI-37.
4:THE DISTRICT COMMISSIONER AND COMPETENT AUTHORITY OF LAND ACQUISITION CACHAR SILCHAR.
Page No.# 2/6 5:THE CO DISTRICT COMMISSIONER AND COMPETENT AUTHORITY OF LAND ACQUISITION CACHAR SILCHAR.
6:THE NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD NHIDCL REPRESENTED BY THE DEPUTY GENERAL MANAGER NHIDCL CACHAR SILCHAR 7:THE SUPERINTENDING ENGINEER PWD BUILDING CACHAR SILCHAR.
8:THE EXECUTIVE ENGINEER PWD BUILDING DIVISION UDHARBOND LAKHIPUR BORKHOLA TERRITORIAL BUILDING DIVISION CACHAR SILCHAR.
9:THE SECRETARY KASHIPUR GAON PANCHAYAT VILLAGE-KASHIPUR P.O.-KASHIPUR DISTRICT-CACHAR ASSAM PIN-788009 Advocate for the Petitioner : MS S DAS, MR F U BARBHUIYA Advocate for the Respondent : DY.S.G.I., SC, NHIDC,GA, ASSAM,SC, PWD,SC, P AND R.D.,SC. REVENUE Linked Case : WP(C)/7231/2025 IMAD HUSSAIN LASKAR S/O-NASIR UDDIN LASKAR R/O VILLAGE-KASHIPUR PART-II
Page No.# 3/6 P.O.-KASHIPUR P.S.-SILCHAR DISTRICT-CACHAR ASSAM.
2: AHAD HUSSAIN LASKAR S/O NASIR UDDIN LASKAR R/O VILLAGE-KASHIPUR PART-II P.O.-KASHIPUR P.S.-SILCHAR DISTRICT-CACHAR ASSAM. VERSUS THE UNION OF INDIA AND OTHRS REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF ROAD TRANSPORT HIGHWAYS TRANSPORT BHAWAN-1 PARLIAMENT STREET NEW DELHI-110001.
2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER SECRETARY TO THE GOVT. OF ASSAM REVENUE DISASTER MANAGEMENT DEPARTMENT DISPUR GHY-6.
3:THE COMMISSIONER OF PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT PANJABARI GUWAHATI-37.
4:THE DISTRICT COMMISSIONER AND COMPETENT AUTHORITY OF LAND ACQUISITION CACHAR SILCHAR.
5:THE CO DISTRICT COMMISSIONER AND COMPETENT AUTHORITY OF LAND ACQUISITION CACHAR SILCHAR.
6:THE NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD NHIDCL REPRESENTED BY THE DEPUTY GENERAL MANAGER NHIDCL CACHAR SILCHAR
Page No.# 4/6 7:THE SUPERINTENDING ENGINEER PWD BUILDING CACHAR SILCHAR.
8:THE EXECUTIVE ENGINEER PWD BUILDING DIVISION UDHARBOND LAKHIPUR BORKHOLA TERRITORIAL BUILDING DIVISION CACHAR SILCHAR.
9:THE SECRETARY KASHIPUR GAON PANCHAYAT VILLAGE-KASHIPUR P.O.-KASHIPUR DISTRICT-CACHAR ASSAM PIN-788009. ------------ Advocate for : MS S DAS Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND OTHRS
BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER Date : 29.05.2026 Heard Mr. F.U. Barbhuiya, learned counsel for the applicants-petitioners; Mr. A. Boruah,
learned counsel on behalf of Mr. C. Boruah, learned Standing Counsel, NHIDCL for the opposite party-respondent nos. 1 & 6; Mr. A. Bhattacharjee, learned Standing Counsel, Revenue Department for the opposite party-respondent no. 2; Ms. N. Bora; learned Standing Counsel, Panchayat & Rural Development Department for the opposite party-respondent nos. 3 & 9; Mr. H. Sharma, learned Additional Senior Government Advocate, Assam for the opposite party-respondent nos. 4 & 5; and Mr. D. Nath, learned Standing Counsel, Public Works Department for the opposite party-respondent nos. 7 & 8. 2. The instant application is preferred by the applicants who were the writ petitioners in
Page No.# 5/6 W.P.[C.] no. 7231/2025, which was disposed of by an Order dated 27.04.2026 after hearing the learned counsel for the parties. 3. It was the contention of the applicant-petitioners in the said writ petition that the respondent authorities, after surveying the scheduled land, described therein belonging to the applicant-petitioners, failed to assess the structures/zirat of certain structures on the said scheduled land. Dissatisfied therewith, the applicants-petitioners approached the respondent no. 3 by way of representations on 05.09.2024 highlighting such grievance. On receipt of the representations, the respondent no. 3 informed the respondent no. 5 to conduct a joint field verification. As no joint verification was conducted for a sufficient period of time, the applicants as the writ petitioners approached this Court by the said writ petition. 4. When the writ petition was taken up for consideration on 27.04.2026, the learned counsel appearing for the parties submitted that since the representations submitted by the applicants-petitioners were pending before the respondent authorities, the writ petition could be disposed of directing the respondents to dispose of the representations in accordance with law. 5. In view of such consensus, the writ petition was disposed of by the Order dated 27.04.2026 by permitting the applicants-petitioners to file fresh representations before the jurisdictional District Commissioner within a period of ten days from 27.04.2026. It was further observed that after receipt of the fresh representations, the jurisdictional District Commissioner, within a period of four weeks therefrom, shall consider and dispose of the representations strictly in accordance with law. The status quo order passed earlier in the writ petition was directed to continue till the disposal of the representations, if filed within the time period stipulated by the Court. 6.
It is in the above backdrop the instant application has been filed seeking extension of time period given to the applicant-petitioners in the Order dated 27.04.2026. 7. In Paragraphs 4 & 5 of the instant application, the applicant-petitioners have explained the reasons for which the fresh representations, as directed by the Order dated 27.04.2026 in the writ petition, W.P.[C.] no. 7231/2025, could not be filed within the stipulated period of ten
Page No.# 6/6 days. 8. I have gone through the statements and averments made in Paragraphs 4 & 5 of the instant application. Having gone through the same, this Court is of the considered view, the default in filing the representations within the time period given in the Order dated 27.04.2026 had occurred due to reasons beyond their control. 9. The learned counsel appearing for the opposite party-respondents have submitted that if time period as sought for in the instant application is extended, they have no objection to the same. 10. In view of the above reasons and taking into consideration the interests of the applicants-petitioners involved in the matter, the instant application is allowed, permitting the applicant-petitioners further 10[ ten] days time from today to submit the fresh representations in deference to the Order dated 27.04.2026 passed in W.P.[C.] no. 7231/2025. JUDGE Comparing Assistant