Union of India and 4 Ors v. The State of Assam and 12 Ors

ORDER Date : 16/10/2023

Heard Mr. R.K. Talukdar, learned counsel appearing for the writ petitioner. Also heard Mr. B. Gogoi, learned Standing Counsel, General Administration Department, Assam, appearing for the respondent no. 1, Ms. N. Bordoloi, learned Standing Counsel, Revenue and Disaster Management Department, Assam, representing the respondent no. 2. Also heard Ms. S. Kemprai, learned Standing Counsel, KAAC appearing on behalf of the respondent nos. 3, 4, 5, 7 & 8, Ms. M. Barman, learned Government Advocate, Assam present on behalf of the respondent no. 6 and Mr. R. Boro, learned counsel appearing on behalf of the respondent no. 9. Mr. G. Alom, learned counsel has appeared on behalf of all the private respondents. The issue involved in this writ petition pertains to the order dated 19/04/2023 passed by the learned Arbitrator-cum-Commissioner, Central Assam Division, Nagaon, restraining the authorities from demolishing the building of the private respondents on the ground that the valuation of the building and the trees and plants standing there upon have not been properly assessed. It is the case of the writ petitioners that the operation of the interim order dated 19/04/2023 is causing delay in completion of the work of construction of the National Highway. Since the post of Arbitrator appointed under section 3G(5) of the National Highways Act, 1956 has in the meantime been abolished, hence, unless an order is passed by this Court vacating/modifying the interim order dated 19/04/2023, the construction of National Highway would be jeopardized. The learned counsel for the parties have invited the attention of this Court to the order dated 28/09/2023 passed by the Division Bench of this Court in WA 375/2023, whereby, directions have been issued to the Valuation Officer as well as the CPWD authorities to carry out necessary assessment and submit a report. The operating portion of the order dated 28/09/2023 is reproduced herein below for ready reference :- "It may be stated herein that in the intervening period the post of Arbitrator has been abolished and, thus, the proceedings before the Arbitrator are stalled thereby Page No.# 5/5 construction/widening of the Highway in question has been adversely affected. In view of the peculiar facts narrated above, it is hereby directed that copy of this order shall be presented to the Valuation Officer, Central Public Works Department (CPWD). Copy of this order be provided to the competent authority in the CPWD within two days, whereupon the CPWD authority shall appoint a suitable date for the valuation of the property within the next five days. The valuation shall be carried out in terms of the order dated 02.05.2023, passed by the Arbitrator. The appellants herein and the representative(s) of the NHIDCL may remain present and shall be permitted to append their signatory during the measurement as well as in the valuation proceedings. The ad-interim stay order dated 19.04.2023 passed by the Arbitrator shall stand vacated after the valuation report is prepared and presented in the arbitration proceedings. Writ appeal stands disposed of in terms of the above observations and directions."

The order dated 28/09/2023 has been passed in a proceeding arising out this writ petition. As such, in view of the above order, nothing further survives for adjudication in this writ petition. The learned counsel for the parties have also fairly agreed to the same. This writ petition, therefore, stands disposed of in terms of the order dated 28/09/2023 passed by the Division Bench in WA No. 375/2023.

JUDGE

sukhamay Comparing Assistant

PageoNo.#o1/5 GAHC010197312023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5205/2023o UNIONoOFoINDIAoANDo4oORS.o REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oMINISTRYo OFoROADoTRANSPORToANDoHIGHWAYS,oTRANSPORToBHAWAN,o1,o PARLIAMENToSTREET,oNEWoDELHI-110001 2:oTHEoEXECUTIVEoDIRECTOR oNHIDCL o2NDoFLOOR oAGNISHANTIoBUSINESSoPARK oOPPoAGPoOFFICE oAMBARI oGUWAHATI-781001 3:oTHEoGENERALoMANAGERo(LAoANDoCOORD) oNATIONALoHIGHWAYSoINFRASTRUCTUREoDEVELOPMENTo CORPORATIONoLTD. oREGIONALoOFFICE-oGUWAHATI oPIN-781001 4:oTHEoGENERALoMANAGERo(P) oNATIONALoHIGHWAYSoINFRASTRUCTUREoDEVELOPMENTo CORPORATIONoLTD. oPMU oDIPHU oPWDo(IB) oPWDoCOLONY oLUMDINGoROAD oDIPHU oPIN-78246o VERSUSo THEoSTATEoOFoASSAMoANDo12oORS.o PageoNo.#o2/5 REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oGENERALoADMINISTRATIONoDEPARTMENT,oDISPUR,o GUWAHATI-781006 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoADDITIONALoCHIEFoSECRETARYoTOoTHEoGOVT.o OFoASSAM oREVENUEoANDoDISASTERoMANAGEMENToDEPARTMENT oASSAMoSECRETARIAT oDISPUR oGUWAHATI-781006 3:THEoKARBIoANGLONGoAUTONOMOUSoCOUNCIL oREPRESENTEDoBYoITSoPRINCIPALoSECRETARY oDIPHU oKARBIoANGLONG oPIN-782460 4:THEoPRINCIPALoSECRETARY oKARBIoANGLONGoAUTONOMOUSoCOUNCIL oDIPHU oKARBIoANGLONG oPIN-782460 5:THEoJOINToSECRETARYoCUMoCOMPETENToAUTHORITYoFORoLANDo ACQUISITION oKARBIoANGLONGoAUTONOMOUSoCOUNCIL oPIN-78246 6:THEoDEPUTYoCOMMISSIONER oKARBIoANGLONGoAUTONOMOUSoCOUNCIL oPIN-782460 7:THEoASSISTANToSETTLEMENToOFFICER oPHULONIoREVENUEoCIRCLE oKARBIoANGLONGoAUTONOMOUSoCOUNCIL oPIN-782460 8:THEoASSISTANToREVENUEoOFFICER oPHULONIoREVENUEoCIRCLE oKARBIoANGLONGoAUTONOMOUSoCOUNCIL oPIN-782460 PageoNo.#o3/5 9:THEoNATIONALoHIGHWAYSoAUTHORITYoOFoINDIA oREPRESENTEDoBYoITSoCHAIRMAN oG5oANDo6 oSECTORo10 oDWARKA oNEWoDELHI-110075 10:SMTIoILABATIoDEB oW/OoLATEoSADHANoDEV oR/OoVILL-oHOWRAGHAToTINIALI oMOUZA-LANGPHER oP.O.-KACHUPUKHURI oP.S.-HOWRAGHAT oDIST-KARBIoANGLONG oPIN-o782482 11:SUDAMAoDEB oS/OoLATEoSADHANoDEV oR/OoVILL-oHOWRAGHAToTINIALI oMOUZA-LANGPHER oP.O.-KACHUPUKHURI oP.S.-HOWRAGHAT oDIST-KARBIoANGLONG oPIN-o782482 12:HARIPADoDEB oS/OoLATEoSADHANoDEV oR/OoVILL-oHOWRAGHAToTINIALI oMOUZA-LANGPHER oP.O.-KACHUPUKHURI oP.S.-HOWRAGHAT oDIST-KARBIoANGLONG oPIN-o782482 13:SATYAJIToDEB oS/OoLATEoSADHANoDEV oR/OoVILL-oHOWRAGHAToTINIALI oMOUZA-LANGPHER oP.O.-KACHUPUKHURI oP.S.-HOWRAGHAT oDIST-KARBIoANGLONG oPIN-o78248o Page No.# 4/5 Advocate for the Petitioner : MR. R K TALUKDAR Advocate for the Respondent : SC, GAD BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM