Gulbadan Begum vs The Union Of India And 5 Ors on 18 December, 2018

[Cites 0, Cited by 4]

Gauhati High Court

Gulbadan Begum vs The Union Of India And 5 Ors on 18 December, 2018

Bench: Kalyan Rai Surana

                                                              Page No.# 1/2

GAHC010217612018




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : WP(C) 6801/2018

         1:GULBADAN BEGUM
         W/O ANOWAR HUSSAIN CHOUDHURY, VILL. BALAGAON, P.O.
         BALAGAON, DIST. BARPETA, ASSAM.

         VERSUS

         1:THE UNION OF INDIA AND 5 ORS.
         REPRESENTED BY THE SECY., MINISTRY OF SURFACE COMMUNICATION,
         NEW DELHI-01

         2:THE NATIONAL HIGH WAYS AUTHORITY OF INDIA
          SANKET VIHAR SARUMATORIA
          SWARAJ NAGAR
          GHY-5

         3:THE STATE OF ASSAM
         THROUGH THE SECY. TO THE GOVT. ASSAM
          PWD (ROADS)
          DISPUR
          GUWAHATI-6

         4:THE CHIEF EXECUTIVE ENGINEER
          PWD (ROADS)
         ASSAM.

         5:EXECUTIVE ENGINEER
          PWD (ROADS)
          BARPETA

         6:DEPUTY COMMISSIONER
          EXECUTIVE ENGINEER
          PWD (ROADS)
         ASSAM
                                                                                           Page No.# 2/2

Advocate for the Petitioner       : MR M H AHMED

Advocate for the Respondent : ASSTT.S.G.I.




                                      BEFORE
                      HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                                  ORDER

18.12.2018 Heard Mr. M.H. Ahmed, the learned counsel for the petitioner and Mr. R. Dhar, the learned Addl. Senior Govt. Advocate appearing for the State-respondents.

The present writ petition is based on apprehension of the petitioner that the State Highway which is being reconstructed from Abhayapuri to Guwahati via Khudrakuchi, the land of the petitioner may be taken over for such construction without following the due process of law of acquiring the land after paying the land acquisition compensation.

The learned Addl. Senior Govt. Advocate submits that he is yet to receive instructions.

In view of the apprehension expressed by the learned counsel for the petitioner that the land of the petitioner may be encroached while constructing the State Highway, as an interim measure, it is provided that the State Authorities shall maintain the status quo in respect of the land of the petitioner, covered by Registered Sale Deed No. 213 dated 24.02.1997, projected to be 1B-1K-1L, covered by Dag No. 236, P.P. No. 127 of Village-Khudrakuchi under Titapani Mouza, Kalgachia Revenue Circle in the district of Barpeta.

As prayed for learned Addl. Senior Govt. Advocate 3(three) weeks further time is granted to obtain instructions and to file affidavit-in-opposition in the matter.

List the matter on 25.01.2019 in the admission column.

JUDGE Comparing Assistant

Unlock Advanced Research with PRISMAI

Gauhati High Court