Allowed

National Highways and Infrastructure Development Corporation Ltd. and Anr. v. Zubbar Ali and 75 Ors.

Gauhati HC1 Oct 2021I.A.(Civil)/503/2021

Case brief

AI extract

What is this about?

The Gauhati High Court allowed an impleadment application by NHIDCL in WP(C) 6230/2017, holding the Corporation as a necessary party regarding land at Jogighopa involved in a Multi Modal Logistics Park project under Bharatmala Pariyojana.

What did the court decide?

Applicants NHIDCL to be added as party respondent Nos. 9 & 10 in the connected WP(C) No. 6230/2017.

National Highways and Infrastructure Development… — Company and Corporate | Gauhati HC (2021)

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GAHC010143792021

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil)/503/2021 in WP(C) 6230/2017

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NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. AND ANR. REP. BY ITS MANAGING DIRECTOR AT 3RD FLOOR PTI BUILDING 4 PARLIAMENT STREET NEW DELHI- 110001

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2: DEPUTY GENERAL MANAGER (INFRA) NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. AT SITE OFFICE- JOGIGHOPA H/NO. 279 ISLAMPUR P.S. JOGIGHOPA DIST. BONGAIGAON ASSAM PIN- 783382 VERSUS

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ZUBBAR ALI AND 75 ORS. S/O. IBRAHIM ALI

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2:RAJU PASWAN S/O LATE RUDAL PASWAN 3:AJGAR ALI S/O JACHIMUDDIN 4:LATIFA BEGUM W/O ALI MOHAMMAD 5:HAIDAR ALI S/O AJGAR ALI

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6:DARBESH ALI S/O JAHER ALI 7:OHIJUL HOQUE S/O AHAMMADAS ALI 8:CHULTAN HOQUE S/O JADU MOLLAH 9:AKLIMA KHATUN W/O ALAM SADHU 10:ACHIR UDDIN S/O MOFIZ UDDIN 11:GOLAM HUSSAIN S/O NOUSAD ALI 12:JABANAB BHANU W/O JAMAL UDDIN 13:ALI AKABBAR S/O CHUBAHAN 14:NAJIMA BEBUM W/O ABDUL RAFIK 15:RABIYA BEGUM W/O DELWAR ALI 16:KASHEM ALI HASHEM MONDAL 17:REJINA BEWA D/O RAHMAT ALI 18:PINJIRA KHATUN W/O IBRAHIM ALI 19:HEJARAT ALI S/O IBRAHIM ALI 20:MAGARAB MANDAL S/O RAMAJAN MANDAL 21:ATOWAR HUSSAIN S/O AFSAR ALI 22:AHAB ALI S/O IBRAHIM ALI 23:ARAB ALI S/O ASIM UDDIN 24:ANAJUMA BEGUM W/O CHUBAHAN ALI 25:ROBIUL ISLAM S/O MANIK ALI 26:HANIF ALI S/O MAHIR UDDIN 27:MAHIR UDDIN S/O RAJAB ALI 28:ABDUL MAJID S/O LATE AJGAR ALI 29:KADBHANU W/O LATE KUDDIS ALI

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30:MOHAMMAD ALI S/O LATE KACHIM UDDIN 31:REHAN ALI S/O MAJID MANDAL 32:BAKKAR ALI S/O TAMEJ UDDIN 33:ISMAIL HUSSAIN S/O LATE KARIMUDDIN MUNCHI 34:CHAHIB UDDIN S/O MANURUDDIN 35:ASHRAB ALI S/O LATE BADUL SHEIKH 36:MOLIKA BIBI W/O LATE SAMAN SHEIKH 37:MANOWARA BEGUM W/O JAMIR UDDIN 38:MATIJAR RAHMAN S/O JAMIR UDDIN 39:RAHELA BEWA W/O JAYNAL ABEDIN 40:AFSAR ALI S/O KEROT ALI 41:JABED ALI S/O LATE MAJEN UDDIN 42:MANJU DEVI W/O SOTOBA MUKHIA 43:KUL BHANU W/O LATE BASKET ALI 44:MEHERUN NESSA W/O RAHMAT ALI 45:REKHA BEGUM W/O CHOBAHAN ALI 46:ACHMA KHATUN W/O MAFIJ UDDIN 47:CHURAT JAMAL S/O RAHMAT ALI 48:IBRAHIM ALI S/O LATE TAFIJ UDDIN 49:HALIMA BEGUM W/O LATE IMAN ALI 50:CHAN ALI S/O AMIR UDDIN 51:ABDUR RAHMAN S/O AFSAR ALI 52:JAHIDUL ISLAM S/O FEDDUS 53:SANOWAR HUSSAIN S/O AJIBAR RAHMAN

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54:AFCHAR ALI S/O JACHIM UDDIN 55:NUR JAHAN W/O AMDAD KHAN 56:AMIR ALI S/O ABDUL JALIL 57:CHABIYA KHATUN W/O AJMAT KHAN 58:ANOWAR HUSSAIN S/O HABIBAR RAHMAN 59:AKABBAR ALI S/O LATE SIKANDER SHEIKH 60:MANIK ALI S/O LATE SAFAR UDDIN 61:RAFIKUL ISLAM S/O AHAMMAD ALI 62:ABDUL KADER S/O ALIMUDDIN 63:MAYNUL HAQUE S/O KADAM ALI 64:MAHILA KHATUN W/O LATE BASKET ALI 65:AJIRAN NESSA W/O LATE ABDUL JALIL 66:RAHIM ALI S/O LATE ABDUL SHEIKH 67:SHAHAR BHANU W/O SAMSER ALI 68:SUBORUDDIN AHMED S/O USMAN GONI ALL ARE RESIDENTS OF VILLAGE BHATIPARA PO and PS JOGIGHOPA DIST. BONGAIGAON ASSAM PIN-783382 69:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM REVENUE SETTLEMENT DEPTT. DISPUR GHY-6 70:THE DIRECTOR LAND RECORDS AND SURVEYS ETC. RUPNAGAR GUWAHATI-32 71:THE DEPUTY COMMISSIONER LAND SETTLEMENT BRANCH BONGAIGAON PO and DIST. BONGAIGAON ASSAM PIN-783380 72:THE SUB-DIVISIONAL OFFICER C NORTH SALMARA

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ABHAYAPURI PO- ABHAYAPURI DIST. BONGAIGAON ASSAM PIN-783384 73:THE CIRCLE OFFICER BOITAMARI REVENUE CIRCLE PO-BOITAMARI DIST. BONGAIGAON ASSAM PIN-783384 74:THE UNION OF INDIA REPRESENTED BY MINISTRY OF SHIPPING. 75:THE SECRETARY INLAND WATER AUTHORITY OF INDIA A-13 SECTOR -1 NOIDA U.P. - 201301. 76:THE DIRECTOR INLAND WATER AUTHORITY OF INDIA PANDU PORT COMPLEX PANDU GUWAHATI-781012. -----------Advocate for : MR. C BARUAH Advocate for : GA ASSAM appearing for ZUBBAR ALI AND 75 ORS.

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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01-10-2021

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Heard Mr. C. Baruah, learned counsel for the applicants and Mr. R. Barpujari, learned Standing counsel, Revenue Department for the respondent No. 1. Also heard Mr. K. Gogoi, learned Additional Senior Government Advocate, Assam for the respondent Nos. 2 to 5 as well as Mr. S. C. Keyal, learned Standing counsel, IWAI for the respondent Nos. 6 to 8.

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The applicant No. 1, National Highways & Infrastructure Development Corporation Limited (NHIDCL) placed before the Court that it is a Central Public Sector Enterprise constituted under the Companies Act, 1956 as amended in 2013 and the Government of India entrusted the said applicant with the development, maintenance and management of Multi Modal Logistics Park (MMLP, in short)

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over the land at Jogighopa involved in the connected WP(C) No. 6230/2017.

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It is also placed before the Court by the applicants that the project at Jogighopa has been selected by the Government of India as one of the location for development of said MMLP under the Bharatmala Pariyojana and it envisaged to act as World class logistic aggregation/disaggregation point for various forms of cargo across all models, within a single facility to be established over this land.

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It is further stated that though the applicants entrusted with the work for the development of said MMLP over the land involved in the case but because of pendency of the connected writ petition, execution of the work is getting delayed to go ahead with the work of the concerned project that were obstructed by the petitioners.

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Hence, this application by the applicants for their impleadment in the connected WP(C) No. 6230/2017.

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This application was filed by the applicants on 22.02.2021 serving copies of the same on the learned counsel for the respondents/writ petitioners on 19.02.2021 as reflected from the notice annexed to this application. However, the respondents have not filed any objection to the impleadment of the applicants in said WP(C) No. 6230/2017 till date.

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Considering the entire aspects of the matter, the Court is of the view that the applicants in the NHIDCL are the necessary parties in the connected WP(C) No. 6230/2017 for its proper adjudication.

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The applicants NHIDCL represented by its Managing Director as well as the Deputy General Manager (Infra) be added as party respondent Nos. 9 & 10 in the connected WP(C) No. 6230/2017.

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Accordingly, this interlocutory application stands allowed.

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JUDGE

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Comparing Assistant

National Highways and Infrastructure Development Corporation Ltd. and Anr. v. Zubbar Ali and 75 Ors.

Case brief

What is this about?

What did the court decide?

National Highways and Infrastructure Development Corporation Ltd. and Anr. v. Zubbar Ali and 75 Ors.

Case brief

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What the court decided

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