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

ORDER

02.09.2024 (Vijay

Bishnoi, CJ) This Writ Appeal is filed by the appellant being aggrieved with the order dated

31.07.2024 passed by the learned Single Judge in WP(C) No.3748/2024 whereby the learned Single Judge has refused to interfere in the Writ Petition filed by the appellant while observing that the Writ Petition is premature.

¶2The appellant had approached the Writ Court seeking a direction upon the respondent authorities to dispose of the appeal/representation/ objection filed by him on 13.03.2024 in response to the notification issued under Section 3 Page No.# 3/3 C of the National Highway Act, 1956. The learned Single Judge has observed that since determination of the compensation is not done by the competent authority, the Writ Petition filed by the appellant is premature.

¶3Having heard the learned counsel for the appellant and after going through the materials available on record, we do not find any case for interference. Hence, this Writ Appeal is dismissed. However, it is clarified that if the authorities have not decided the objection filed by the appellant till this date, it is expected that the same shall be considered and decided expeditiously.

JUDGE CHIEF JUSTICE Comparing Assistant

PageoNo.#o1/3 GAHC010172122024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWA/296/2024o 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.# 2/3 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 ASSAM Advocate for the Petitioner : MR. A R BHUYAN, MR S ABDULLAH,MR N Z CHOUDHURY Advocate for the Respondent : GA, ASSAM, SC, REVENUE,SC, NHAI BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM