The District Commissioner and 2 Ors v. Dibyajyoti Goswami and Anr

ORDER Date : 04.11.2024

Heard Mr. D. Nath, the learned Senior Government Advocate appearing on behalf of the Review Petitioners and Mr. D. Baruah, the learned counsel appearing on behalf of the writ petitioners in the accompanying writ petition.

¶2The present application has been filed seeking review of the order dated

11.09.2023 passed in WP(C) No.9534/2019. The learned Senior Government Advocate appearing on behalf of the Review Petitioners has submitted that an error apparent on the face of the record had crept in the said order dated

11.09.2023 taking into account that the land which was acquired was a land acquired under the provisions of the National Highways Act, 1956 and as such, without impleading the National Highways and Infrastructure Development Corporation Limited, the order so passed would not be in consonance with the provisions of law.

¶3The learned Senior Government Advocate further submitted that for the purpose of an effective adjudication as well as giving due effect to an order to be passed, there is a requirement of the presence of the National Highway and Page No.# 3/3 Infrastructure Development Corporation Limited as it is under its aegis that the land have been acquired.

¶4This Court has also perused the communication dated 05.12.2023 issued by the National Highways and Infrastructure Development Corporation Limited wherein it is apparent that the Central Government had acquired the land for and on behalf of the said authority and the State Respondents more particularly CALA had only acted as the competent authority insofar as the determination of the compensation is concerned.

¶5This Court has also taken note of Section 3H(1) of the National Highways Act, 1956 which shows that the payment of the amount has to be deposited only by the Central Government and therefore in absence of the Central Government, this Court could not have exercised its writ jurisdiction for which an error apparent on the face of the record had crept in passing the order dated

11.09.2023 in WP(C) No.9534/2019.

¶6Accordingly, upon hearing the learned counsels appearing on behalf of the Review Petitioners as well as the writ petitioner, this Court therefore recalls the order dated 11.09.2023 passed in WP(C) No.9534/2019 and further restores the writ petition to its original file.

¶7Accordingly, the instant review application stands allowed.

¶8The Registry is directed to list the writ petition being WP(C) No.9534/2019 for admission on 13.11.2024.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010109982024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooReview.Pet./120/2024 THEoDISTRICToCOMMISSIONERoANDo2oORS. BISWANATH oBISWANATHoCHARIALI oDIST.-oBISWANATH oASSAM o784176. 2:oTHEoADDL.oDISTRICToCOMMISSIONER oBISWANATH BISWANATHoCHARIALI oDIST.-oBISWANATH oASSAM o784176. o3:oTHEoCIRCLEoOFFICER GOHPURoREVENUEoCIRCLE oGOHPUR oDIST.-oBISWANATH oASSAM o784176. oVERSUS DIBYAJYOTIoGOSWAMIoANDoANR. D/OoLATEoU.N.oGOSWAMI o W/OoRANJIToKR.oMAHANTA o VILL.-oTONGANAoGAON oP.O.oANDoP.S.-oGOHPUR oDIST.-oBISWANATH oASSAM oPIN-o784176. 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM Page No.# 2/3 REVENUE AND DISASTER MANAGEMENT DEPTT. DISPUR GUWAHATI- 6. ------------ For the Petitioner(s) : Mr. D. Nath, Sr. Government Advocate : Mr. A. Gogoi, Advocate For the Respondent(s) : Mr. D. Baruah, Advocate : Mr. P. K. Bordoloi, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH