Disposed

Sudhir Dutta v. the Union of India and 5 Ors.

Gauhati HC1 Mar 2021WP(C)/1327/2021

Case brief

AI extract

What is this about?

Petitioner claimed compensation for acquisition of land but aggrieved by non-payment for damage to a three-storied building. Court allowed withdrawal of writ petition with liberty to seek resolution in the appropriate arbitration forum under the National Highway Act, 1956.

What did the court decide?

This writ petition stands disposed of on withdrawal with a liberty to file it afresh in the appropriate forum under the National Highway Act, 1956.

Sudhir Dutta Vs the Union of India and 5 Ors. — Land Acquisition | Gauhati HC (2021)

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Page No.# 1/3

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GAHC010035272021

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

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Case No. : WP(C)/1327/2021

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SUDHIR DUTTA

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S/O- LT. RADHIKA DUTTA, R/O- VILL- DHENUDHARA PATHAR, WARD NO.1, P.O. GOHPUR, DIST.- BISWANATH, PIN- 784168

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VERSUS

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THE UNION OF INDIA AND 5 ORS REP. BY THE SECY. TO THE MINISTRY OF ROAD TRANSPORT AND HIGHWAY, GOVT. OF INDIA, NEW DELHI

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2:THE NATIONAL HIGHWAY AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. MINISTRY OF ROAD TRANSPORT AND HIGHWAY GOVT. OF INDIA BRANCH OFFICE-SARAF TOWER 1ST FLOOR OPP. DON BOSCO SCHOOL MAZGAON TEZPUR PIN- 784001

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3:THE STATE OF ASSAM REP. BY THE COMM. AND SECY. GOVT. OF ASSAM REVENUE DEPTT. DISPUR GHY-6 4:THE ASSTT. EXECUTIVE ENGINEER P.W.D. (BUILDINGS) DEPTT. BISWANATH BISWANATH CHARIALI

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Page No.# 2/3

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ASSAM

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5:THE DY. COMMISSIONER BISWANATH BISWANATH CHARIALI ASSAM PIN- 784176 6:THE CIRCLE OFFICER GOHPUR REVENUE CIRCLE GOHPUR BISWANATH ASSA

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Advocate for the Petitioner : MR. L GOGOI

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Advocate for the Respondent : SC, PWD

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BEFORE

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THE HON’BLE MR. JUSTICE PRASANTA KUMAR DEKA

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order

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01.03.2021

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Heard Mr. L Gogoi, learned counsel for the petitioner. Also present Mr. BN Gogoi, learned counsel for the respondent No. 2, Ms. M Bhattacharjee, learned Additional Senior Government Advocate for the respondent Nos. 5 and 6 and Mr. PS Deka, learned counsel for the respondent No. 2.

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The petitioner is an owner of a plot of land measuring 1 ½ Kathas of Dag No. 6 of KP Patta No. 58 (N) of Gohpur Dhenudhara Pathar under Gohpur mouza of Biswanath district. Over the said plot a three storied building was standing. The respondent authorities acquired initially 16 lechas of land of the petitioner occupying the three storied building and later on acquired 9 lechas of vacant land. Though the compensation as against such acquisition was paid and received by the petitioner, however, he is aggrieved that no compensation was allowed in respect of the damage caused to the three storied building.

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Mr. Gogoi submits that there is a provision of arbitration before the concerned Commissioner. The petitioner has not approached the said forum under the statute. As such he sought for appropriate direction from this court. Mr. Gogoi fairly submits that he may be allowed to withdraw this writ this petition granting the liberty to move appropriate forum which in my considered view is the proper prayer made by the learned counsel for the petitioner.

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Accordingly, this writ petition stands disposed of on withdrawal with a liberty to file it afresh in the appropriate forum under the National Highway Act, 1956.

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This writ petition accordingly stands disposed of.

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JUDGE

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Comparing Assistant

Sudhir Dutta v. the Union of India and 5 Ors.

Case brief

What is this about?

What did the court decide?

Sudhir Dutta v. the Union of India and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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