Nasim Ahmed and Anr v. The Union of India and 7 Ors

ORDER

16.12.2024 Heard Mr. I. Alam, learned counsel for the petitioners. Also heard Mr. C. Baruah, learned Standing Counsel, NHIDC, and Mr. B.J. Talukdar, learned Senior State Counsel assisted by Mr. P.K. Medhi, learned counsel for the State respondents. 2] This writ petition is filed by the petitioners questioning the Zirat assessments as well as for granting time for shifting of the business premises of the petitioners to any alternative locations. Page No.# 3/4 3] This Court by order dated 01.10.2024 issued notice to the respondents directing the respondent Authorities to provide some reasonable time to the petitioners to shift from their present locations. Being aggrieved, a second writ petition being WP(C) No.6073/2024 was filed by the petitioners during the pendency of the present writ petition and by order dated 26.11.2024 the said writ petition was disposed of directing the petitioners to handover the said land within 3 (three) days from the date of the order. 4] In view of the order dated 26.11.2024 passed in WP(C) No.6073/2024, no separate order needs to be passed in this writ petition. Since the petitioners have been directed to vacate the premises within the outer limit of 28.12.2024, the writ petitioners will comply with the order dated 26.11.2024 passed in WP(C) No.6073/2024. It is needless to say that if the petitioners are aggrieved with the quantum of compensation then they may take recourse to the remedies prescribed under the National High Ways Act, 1956. 5] Learned counsel for the petitioners submits that in respect of the quantum of valuation of land and Zirat Compensation, a representation dated 14.11.2024 has already been filed before the Additional District Commissioner, Cachar Silchar. The said representation being filed during the pendency of the writ petition, a copy of the same is placed before the Court today. The Court has taken judicial notice of the same and the copy placed before the Court today is kept as a part of the case record. 6] In view of this representation filed by the petitioners, the respondents will proceed to determine the grievances of the petitioners in terms of the provisions prescribed under the National Highway Act, 1956. 7] With the above observations and directions, the writ petition stands Page No.# 4/4 disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010203222024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5098/2024o NASIMoAHMEDoANDoANRo S/O-oLATEoSAFIQUEoUDDINoBARLASKAR,o PERMANENToR/O-oBAHADURPUR,o P.O-oRONGPUR,o P.S-oSILCHAR,oDIST-oCACHAR,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo7oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oMINISTRYo OFoROADoTRANSPORToANDoHIGHWAYS,oTRANSPORToBHAWAN-1,o PARLIAMENToSTREET,NEWoDELHI-01. 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAMo oDISPURoGUWAHATIo6 3:THEoCHAIRMAN oTHEoNATIONALoHIGHWAYSoANDoINFRASTRUCTUREoDEVELOPMENTo CORPORATIONoLTD.o o3RDoFLOORoPTIoBUILDINGo4oPARLIAMENToSTREEToNEWoDELHIo110001 4:THEoCOMMISSIONERoANDoSECRETARY oTOoTHEoGOVT.oOFoASSAMoREVENUEoDEPTT.oDISPURoGUWAHATIo6 5:THEoGENERALoMANAGERo(P)oPMU/SILCHAR oTHEoNATIONALoHIGHWAYSoANDoINFRASTRUCTUREoDEVELOPMENTo CORPORATIONoLTD.o PASKERoLANEo oSONAIoROAD oKANAKPURoPARToI oSILCHAR Page No.# 2/4 PIN-788006 6:THE DISTRICT COLLECTOR/ DISTRICT COMMISSIONER CACHAR SILCHAR ASSAM PIN-788001 7:THE ADDL. DISTRICT COMMISSIONER CUM COMPETENT AUTHORITY OF LAND ACQUISITION NHIDCL SILCHAR CACHAR-788001 8:THE EXECUTIVE ENGINEER PWD LAKHIPUR BARKHOLA AND KATIGORAH TERRITORIAL BUILDING DIVISION SILCHAR CACHAR ASSA Advocate for the Petitioner : MR. B J GHOSH, MR. T SK,MR. I ALAM Advocate for the Respondent : DY.S.G.I., GA, ASSAM,SC, NHIDC BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA