Rebati Bala Ray and 2 Ors v. The State of Assam and 4 Ors

O R D E R

09.09.2024

Mr. A. Roshid, the learned counsel appearing on behalf of the petitioners submits that in view of the instructions placed by the Government Advocate to the extent that Rs.21,07,984/- has already been released to the petitioner No.3; Rs.13,83,186/- has been released to the petitioner No.2 and Rs.3,15,822/- has not been released to the petitioner No.1 on account of non-furnishing of NOC by the daughter-in-law of the petitioner No.1, he would advice his clients to approach the Competent Authority by furnishing necessary documents. He therefore submits that the petitioners would not like to further press the instant writ petition. The learned counsel for the petitioners however submits that in the circumstance the petitioners are aggrieved as regards the apportionment of the amount, the withdrawal of the instant writ petition should not prejudice the petitioners to avail remedies under Section 3H (4) of the Page No.# 3/3 National Highways Act, 1956.

¶2Taking into account the above, the instant writ petition stands closed on withdrawal. However, the petitioners would be at liberty to submit the necessary documents before the Competent Authority. In addition to that, if the petitioners are aggrieved by the apportionment of the amount pertaining to the compensation, they would be well within their rights to approach before the appropriate Court in terms with Section 3H (4) of the National Highways Act, 1956.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010082602024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2278/2024o REBATIoBALAoRAYoANDo2oORSo W/OoLATEoDIPUTIoMOHANoRAY,oVILL-oTUKURAoPT.oIII,oP.S.-TUKURA,oDIST- GOALPARA,oPIN-783126 2:oSUBHASHoCH.oRAY oS/OoLATEoDIPUTIoMOHANoRAY oVILL-oTUKURAoPT.oIII oP.S.-TUKURA oDIST-GOALPARA oPIN-783126 3:oSAILENDRAoRAY oS/OoLATEoDIPUTIoMOHANoRAY oVILL-oTUKURAoPT.oIII oP.S.-TUKURA oDIST-GOALPARA oPIN-78312o VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oDEPTT.oOFo LANDoREVENUEoETC.,oDISPUR,oGUWAHATI-781006 2:THEoDISTRICToCOMMISSIONER oL.A.oBRANCH oGOALPARAo(CALA) oPIN-783101 3:THEoADDITIONALoDISTRICToCOMMISSIONER oL.A.oBRANCH oGOALPARAo(CALA) oPIN-783101 Page No.# 2/3 4:THE CIRCLE OFFICER MATIA P.O.-MATIA DIST- GOALPARA PIN-783125 5:THE UNION OF INDIA REPRESENTED BY THE SECRETARY GOVT. OF INDIA DEPTT. OF NHAI DELHI-1 For the petitioner (s) : Mr. A. Roshid, Advocate For the respondent (s) : Ms. M. Barman, Advocate BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH