Abdul Kuddus Laskar v. The State of Assam and 5 Ors

ORDER

31.07.2024 Heard Mr. BD Das, the learned senior counsel assisted by Mr. S Sutradhar, Page No.# 3/4 the learned counsel appearing on behalf of the petitioner. Mr. A Bhattacharjee, the learned counsel appears on behalf of the Revenue Department of the Government of Assam. Ms. R Bora, the learned counsel appears on behalf of respondent Nos.2, 3 and 6 and Mr. S Baruah, the learned Government Advocate appears on behalf of respondent Nos.4 and 5.

¶2The petitioner herein has filed the instant writ petition seeking a direction upon the respondent authorities to dispose of the appeal /representation/objection dated 13.03.2024 submitted by the petitioner for taking necessary steps for converting the nature of the land from Bhit to commercial/industrial land. It is seen from the records that a Notification under Section 3 C of the National Highway Act, 1956 was issued by the Ministry of Road Transport and Highways dated 02.02.2024, calling for objections to the use of the land for the purpose mentioned in the said Notification. In the said Notification, the land belonging to the petitioner has been duly mentioned. The petitioner, thereupon, submitted an appeal to the District Commissioner Cachar, Silchar, though not opposing the acquisition, but claiming that the zirat amount compensation should be included while determining the amount by taking necessary steps for converting the nature of the land from Bhit to commercial/industrial land in terms of Section 3G of the National Highways Act 1956 (for short, the Act of 1956).

¶3This Court put a specific query upon the learned senior counsel as to whether any determination has been done of the compensation by the competent authority so appointed in terms of Section 3(a) of the Act of 1956. The learned senior counsel for the petitioner duly submits that the said determination is yet to be done, but the petitioner apprehends that his classification of land as a commercial land shall not be taken into consideration. Page No.# 4/4 Taking into account the said submission, it is the opinion of this Court that the instant writ petition is a premature writ petition. In addition to that, it is also the opinion that if the petitioner is further aggrieved, the petitioner duly has the efficacious and alternate remedy in terms with Section 3 G of the Act of 1956. Accordingly, this Court, therefore, is not inclined to entertain the instant writ petition.

¶4Be that as it may, this Court, however, observes that the competent authority, while determining the compensation shall duly take note of the provisions of Section 3 G of the Act of 1956. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010148182024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3748/2024o ABDULoKUDDUSoLASKARo S/O-oLATEoMADARISoALIoLASKAR,oR/O-oVILLoANDoPOoNEAIRGRAM,oPART- II,oDIST.oCACHAR,oASSAM,oPIN-o788013 VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oDEPARTMENToOFoREVENUEoANDoDMo(LR),oASSAMo(CIVIL)o SECRETARIAT,oDISPUR,oGUWAHATI-o781006 2:THEoSECRETARYoTOoTHEoGOVT.oOFoINDIA oMINISTRYoOFoROADoTRANSPORT oANDoHIGHWAYS oGOVT.oOFoINDIA oTRANSPORToBHAWAN oPARLIAMENToSTREET oNEWoDELHI oPIN-o110001 3:THEoMANAGINGoDIRECTOR oNATIONALoHIGHWAYSoANDoINFRASTRUCTUREoDEVELOPMENTo CORPORATIONoLIMITED o1SToANDo2NDoFLOOR oTOWERoA oWORLDoTRADEoCENTRE oNAUROJIoNAGAR oNEWoDELHI o110029 4:THEoDISTRICToCOMMISSIONERoCUMoCOLLECTOR oCACHAR Page No.# 2/4 SILCHAR ASSAM PIN- 788001 5:THE ADDITIONAL DISTRICT COMMISSIONER REVENUE CACHAR ASSAM PIN- 788001 6:THE DEPUTY GENERAL MANAGER (P) NHIDCL PMU-SILCHAR PESKAR LANE SONAI ROAD KANAKPUR PART-I SILCHAR- 788006 ASSA Advocate for the petitioner(s): Mr. BD Das, Senior Advocate Mr. S Sutradhar Advocate for the respondent(s): Mr. S Baruah Government Advocate Ms. R Bora For respondent Nos.2, 3 and 6 Mr. A Bhattacharjee Standing Counsel, Revenue Department, Govt. of Assam B E F O R E HON'BLE MR. JUSTICE DEVASHIS BARUAH