Rasid Ahmed Laskar Alias Rashid Ahmed Laskar v. The National Highways Authority of India and 6 Ors

O R D E R

07.08.2024

Heard Mr. R. Mazumdar, the learned counsel appearing on behalf of the petitioner. Ms. R. Bora, the learned counsel appears on behalf of the respondent Nos.1 & 2; Mr. P. Handique, the learned counsel appears on behalf of the respondent Nos.3, 4, 6 & 7 and Mr. J. Handique, the learned counsel appears on behalf of the respondent No.5.

¶2Taking into account the scope of the writ petition, this Court is of the opinion that the ends of justice would be met if the instant writ petition is disposed of at the motion stage itself. Accordingly, this Court duly heard the learned counsels appearing on behalf of the parties. Page No.# 3/4

¶3The petitioner herein was allotted a plot of land by the Udali Anchalik Panchayat for a period of one year w.e.f. 1st of July, 2023 to 30th June, 2024. It has been submitted that there has been an extension granted although no document is brought on record. On 27.07.2024, a notice was issued by the respondent No.2 under The Control of National Highway (Land and Traffic) Act, 2002 (for short, 'the Act of 2002') whereby it was informed to the petitioner that on periodical inspection of the highway land, it was found that the petitioner is in unauthorized occupation, and as such, a notice was issued asking the petitioner to submit his representation within three days and also to indicate a place of hearing. Pursuant to the said notice, the petitioner submitted the representation on

29.07.2024. The petitioner apprehends that without giving any hearing to the petitioner, the respondent authorities may take action to evict the petitioner and it is under such circumstances, the instant writ petition has been filed.

¶4Mr. P. Handique, the learned counsel appearing on behalf of the P&RD Department submits that the petitioner's right over the land has already ceased taking into account that the allotment order which was issued and made a part of the representation, expired on 30.06.2024, and as such, the petitioner has no conceivable right to remain in possession or in unauthorized occupation of the land.

¶5Ms. R. Bora, the learned counsel appearing on behalf of the respondent Nos.1 & 2 submitted that the petitioner is in unauthorized occupation of right of way, and as such, the said notice has been issued.

¶6This Court upon hearing the learned counsels appearing on behalf of Page No.# 4/4 the parties and taking into account the Act of 2002 which provides a due procedure as to how an unauthorized occupant can be removed. The petitioner having already been issued a notice a representation have been duly submitted by the petitioner in pursuance thereto is of the opinion that interest of justice would be met if the petitioner is given a hearing prior to passing any order under the said Act of 2002.

¶7Under such circumstances, this Court asked the learned counsels appearing on behalf of the petitioner as well as the respondent Nos.1 & 2 as to when the petitioner could appear before the respondent No.2. It has been submitted that the petitioner would appear on 12.08.2024 at 10:30 a.m. before the respondent No.2 for the hearing.

¶8Under such circumstances, this Court therefore directs the respondent No.2 to carry out the hearing on 12.08.2024 at 10:30 a.m. or at such other time as may be convenient to the respondent No.2 and thereupon proceed in accordance with the provisions of the Act of 2002.

¶9It is directed that till the decision is not taken disposing of the petitioner's representation, the respondent No.2 shall not take any steps for eviction of the petitioner.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010153912024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3937/2024o RASIDoAHMEDoLASKARoALIASoRASHIDoAHMEDoLASKARo S/OoNAZIMoUDDINoLASKARo RESIDENToOFo213,oJUTHANGoBASTI,oLANKA,oPOoANDoPSoLANKA,oDISTo HOJAI,oASSAMo782446 VERSUSo THEoNATIONALoHIGHWAYSoAUTHORITYoOFoINDIAoANDo6oORSo REPRESENTEDoBYoITSoCHAIRMAN,oSECTORo10.oDWARKAoNEWoDELHIo 110075 2:THEoPROJECToDIRECTOR oNATIONALoHIGHWAYSoAUTHORITYoOFoINDIA oPROJECToIMPLEMENTATIONoUNIT oHAFLONG oNEARoDSAoCOMPLEX oDHOBIoLANE oHAFLONG oDISToDIMAoHASAO oASSAMo788819 3:THEoSTATEoOFoASSAM oTHROUGHoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAMo PANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT oDISPURoGUWAHATIo781006 4:THEoCOMMISSIONER oPANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT oASSAMoPANJABARIoGUWAHATIo781037 Page No.# 2/4 5:THE DISTRICT COMMISSIONER HOJAI ASSAM 6:UDALI ANCHALIK PANCHAYAT REPRESENTED BY ITS MEMBER SECRETARY CUM ADDITIONAL DISTRICT COMMISSIONER HOJAI ASSAM 7:THE BLOCK DEVELOPMENT OFFICER UDALI DEVELOPMENT BLOCK CUM MEMBER UDALI ANCHALIK PANCHAYAT BAMUNGAON LANKA DIST HOJAI ASSAM 78243 For the petitioner (s) : Mr. R. Mazumdar, Advocate For the respondent (s) : Mr. P. Handique, Advocate Ms. R. Bora, Advocate Mr. J. Handique, Advocate BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH