Gauhati High Court
National Highway 37 Land Possession ... vs The Union Of India And 5 Ors on 6 December, 2018
Author: Ujjal Bhuyan
Bench: Ujjal Bhuyan
Page No.# 1/3
GAHC010264392018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 8372/2018
1:NATIONAL HIGHWAY 37 LAND POSSESSION COMPENSATION DEMAND
COMMITTEE
REP. BY SRI JAYANTA GOGOI, 38 YRS, PRESIDENT OF NATIONAL
HIGHWAY 37 LAND POSSESSION COMPENSATION DEMAND COMMITTEE,
P.O. BADULIPARA, DIST- GOLAGHAT, ASSAM, PIN- 785611
VERSUS
1:THE UNION OF INDIA AND 5 ORS.
REP. BY THE SECY. TO THE GOVT. OF INDIA, MINISTRY OF ROAD
TRANSPORT AND HIGHWAYS, NEW DELHI-1
2:THE GENERAL MANAGER (P)
NHIDCL
MORT AND H
GOVT. OF INDIA
BRANCH OFFICE SARAF TOWER
1ST FLOOR
OPP. DON BOSCO SCHOOL
MAZGAON
TEZPUR- 781001
3:THE PRINCIPAL SECRETARY TO HE GOVT. OF ASSAM
REVENUE AND DM DEPTT.
ASSAM SACHIVALAYA
DISPUR
GHY-6
4:THE DY. COMMISSIONER
GOLAGHAT
DIST- GOLAGHAT
ASSAM
PIN- 785621
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5:THE ADDL. DY. COMMISSIONER (REVENUE)
GOLAGHAT
DIST- GOLAGHAT
ASSAM
PIN- 785621
6:THE GENERAL MANAGER
BADULIPARA TEA LTD.
P.O. BADULIPARA
DIST- GOLAGHAT
ASSAM
PIN- 78561
Advocate for the Petitioner : MR H TALUKDAR
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE UJJAL BHUYAN
ORDER
Date : 06-12-2018 Heard Mr. H. Talukdar, learned counsel for the petitioner and Mr. C. Baruah, learned Standing Counsel, NHIDCL.
Petitioner in this case is National Highway 37 Land Possession Compensation Demand Committee (Committee).
Prayer made in this writ petition for payment of additional compensation on account of land acquisition.
It is stated that for acquisition of land, affected persons were paid compensation. Subsequently, State Government has issued notification enhancing the rate of compensation on 22.12.2014.
On a query by the Court, Mr. Talukdar submits that compensation was paid to individual affected persons and not to the Committee. Committee is not a registered society.
In so far compensation for land acquisition is concerned, it is a claim by the affected Page No.# 3/3 persons. Legal action has to be instituted or initiated by the affected persons. Award of compensation was in the name of individual affected persons. Committee has got no locus standi to claim compensation on behalf of individual affected persons. Individual affected persons may pursue their remedy in accordance with law but petitioner has no locus standi to maintain the writ petition.
Writ petition is accordingly dismissed with liberty as above.
JUDGE Comparing Assistant