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2026 DAILYLAW 9363 (GAU)

SABIR AHMED CHOUDHURY v. THE UNION OF INDIA and ORS

I.A.(Civil)/1889/2026 · 2026-07-12

Manish Choudhury

body2026

Judgment text

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Page No.# 1/5 GAHC010206132025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Civil)/1889/2026 SABIR AHMED CHOUDHURY SO LT ABDUR RAZZAQUE CHOUDHURY RO VILL BANGRAM PO BHAGA BAZAR DIST CACHAR ASSAM PIN 788120 2: GULAM MUHAMMED KIBRIA CHOUDHURY SO LATE JALAL AHMED CHOUDHURY RO VILL BANGRAM PO BHAGA BAZAR DIST CACHAR ASSAM PIN 788120 3: G M JAKARIYA CHOUDHURY SO LATE JALAL AHMED CHOUDHURY RO VILL BANGRAM PO BHAGA BAZAR DIST CACHAR ASSAM PIN 788120 4: GULAM MUHAMMAD YEAHYEA CHOUDHURY SO LATE JALAL AHMED CHOUDHURY RO VILL BANGRAM PO BHAGA BAZAR DIST CACHAR ASSAM PIN 788120 5: KALIM SIDDIQUE CHOUDHURY Page No.# 2/5 SO LATE JALAL AHMED CHOUDHURY RO VILL BANGRAM PO BHAGA BAZAR DIST CACHAR ASSAM PIN 788120 6: HUSNA BEGAM MAZUMDER WO SAMSUL HOQUE MAZUMDER RO ALITIKAR MEHERPUR CACHAR ASSAM PIN 788015 7: NAZMA LASKAR WO SHAHARUR RAHMAN LASKAR RO VILL CHANDRAPUR PART II BANSKANDI CACHAR ASSAM 788101 8: KHALEDA CHOUDHURY WO TALHA AHMED LASKAR RO VILL TUPKHANA PART I ARUNACHAL CACHAR ASSAM PIN 788025 9: SAMSUN NEHAR CHOUDURY WO LATE JALAL AHMED CHOUDHURY RO VILL BANGRAM PO BHAGA BAZAR DIST CACHAR ASSAM PIN 788120 VERSUS THE UNION OF INDIA and ORS TO BE REPRESENTED BY THE SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT OF INDIA TRANSPORT BHAWAN 1 PARLIAMENT STREET NEW DELHI 110001 Page No.# 3/5 2:THE DEPUTY SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT OF INDIA TRANSPORT BHAWAN 1 PARLIAMENT STREET NEW DELHI 110001 3:THE DISTRICT COMMISSIONER CUM COMPETENT AUTHORITY DIST CACHAR SILCHAR ASSAM 4:THE ADDL DISTRICT COMMISSIONER LAND AND REVENUE DIST CACHAR SILCHAR ASSAM 5:THE ASSISTANT SETTLEMENT OFFICER SONAI REVENUE CIRCLE DIST CACHAR ASSAM 6:GENERAL MANAGER P NHIDCL PMU SILCHAR SILCHAR PESKAR LANE SONAI ROAD KANAKPUR PART I SILCHAR CACHAR ASSAM PIN 788006 ------------ Advocate for : MR. M H LASKAR Advocate for : GA ASSAM appearing for THE UNION OF INDIA and ORS Page No.# 4/5 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER 13.07.2026 Heard Mr. M.H. Laskar, learned counsel for the applicants; Mr. R.K. Talukdar, learned Standing counsel, NHIDCL for the opposite party nos. 1 & 2; and Mr. H. Sarma, learned Additional Senior Government Advocate, Assam for the opposite party nos. 3, 4 & 5. 2. The applicants as the writ petitioners have preferred the accompanying writ petition, W.P.[C] no. 5497/2025. In the writ petition, the applicant-petitioners have claimed that they are land-owners of different parcels of land which have been brought under the purview of a land acquisition process under the provisions of the National Highways Act, 1956 for a project : ‘Building [Widening/Four-Laning, etc.], maintenance, management and operation of NH-306 in the stretch of land from KM 20+000 to KM 49+360 in the District of Cachar’ [‘the Project’, for short] initiated by the Ministry of Road Transport and Highways [MoRT&H], Government of India [GoI]. 3. The instant application is filed seeking impleadment of the following authority :- ‘The General Manager [P], NHIDCL, PMU-Silchar, Silchar-Peskar Lane, Sonai Road, Kanakpur Part-I, Silchar, Cachar, Assam, Pin – 788006’ as party-respondent no. 6 in the accompanying writ petition on the premise that the proposed party-respondent no. 6 is the implementing authority for the Project and as such, for adjudication of the issues involved in the accompanying writ petition the presence of the proposed party-respondent is necessary. 4. The learned counsel appearing for the opposite parties has submitted that they have Page No.# 5/5 no objection if the instant application seeking impleadment of the proposed party-respondent no. 6 is allowed. 5. As the proposed party-respondent is the implementing authority for the Project, this Court is of the considered view that presence of the proposed party-respondent is necessary for adjudication of the issues involved in the accompanying writ petition. The instant application is accordingly allowed. JUDGE Comparing Assistant