Disposed

Roton Hojai and 32 Ors. v. the State of Assam and 5 Ors.

Gauhati HC1 Nov 2022WP(C)/5784/2022

Case brief

AI extract

What is this about?

This order addresses a grievance regarding the Asom Mala Road Project. The court directed the Chief Engineer and Executive Engineer to verify if petitioners' lands fall within the proposed road. If confirmed, they must initiate acquisition procedures or face a restrain order preventing road construction over those lands.

What did the court decide?

Respondent Engineers to verify inclusion of petitioners' lands; initiate acquisition if included within 15 days; restrain order if acquisition fails.

Roton Hojai and 32 Ors. Vs the State of Assam… — Public Procurement and Tenders | Gauhati HC (2022)

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Page No.# 1/12

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GAHC010196342022

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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)/5784/2022

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ROTON HOJAI AND 32 ORS SON OF GILIDAO HOJAI

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RESIDENT OF VILLAGE HARMUDISA

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DISTRICT- DIMA HASAO

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ASSAM PIN- 788819.

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2: NOJEN DIBRAGEDE SON OF LATE NAICHARON DIBRAGEDA

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RESIDENT OF VILLAGE PRABDISA

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P.O. AND P.S.- DIYUNGBRA

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DISTRICT- DIMA HASAO

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ASSAM PIN- 788819.

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3: SOREN HAGJER SON OF LATE PORSING HAGJER

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RESIDENT OF VILLAGE GAJO

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DISTRICT- DIMA HASAO

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ASSAM PIN- 788819.

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4: POJIT HOJAI SON OF MAINODAO HOJAI

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Page No.# 2/12

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RESIDENT OF VILLAGE GAJO

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DISTRICT- DIMA HASAO

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ASSAM PIN- 788819.

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5: JOYBANON NUNISA SON OF JORMOJOY NUNISA

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RESIDENT OF DEHANGI TINIALI P.O. AND P.S. DEHANGI

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DISTRICT- DIMA HASAO ASSAM PIN- 788819.

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6: PARONJY NUNISA SON OF JAYBAON NUNISA

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RESIDENT OF DEHANGI TINIALI

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P.O. AND P.S. DEHANGI

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DISTRICT- DIMA HASAO ASSAM PIN- 788819.

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7: JOYMAL HOJAI SON OF JOYPOLAL HOJAI

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RESIDENT OF VILLAGE KOTA ARDHA

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P.O. AND P.S.- DIYUNGMUKH

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DISTRICT- DIMA HASAO

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ASSAM PIN- 788819.

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8: ANDEEP NAIDING SON OF BINONDO

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RESIDENT OF VILLAGE KOTA ARDHA

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Page No.# 3/12

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P.O. AND P.S. DIYUNGMUKH

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DISTRICT- DIMA HASAO

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ASSAM PIN- 788819.

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9: RANGTHOLAL NUNISA SON OF PETNON NUNISA

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RESIDENT OF VILLAGE- THAIJUPANG

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P.O. AND P.S.- DEHANGI

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DISTRICT- DIMA HASAO

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ASSAM PIN- 788819.

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10: PONILAL JIDUNG SON OF PANDA JIDUNG

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RESIDENT OF VILLAGE- THAIJUPANG

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P.O. AND P.S.- DEHANGI

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DISTRICT- DIMA HASAO ASSAM PIN- 788819.

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11: THANGLUDI KEMPRAI SON OF LATE THANGCHRING HAFLONGBAR RESIDENT OF VILLAGE KOTA ARDHA

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P.O. AND P.S. DIYUNGMUKH

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DISTRICT- DIMA HASAO

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ASSAM PIN- 788819.

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12: MOMILA PORBOSA SON OF LATE BODENDRO KHERSA RESIDENT OF VILLAGE KOTA ARDHA

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P.O. AND P.S. DIYUNGMUKH

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DISTRICT- DIMA HASAO

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ASSAM PIN- 788819. 13: MONO KUMAR LANGTHASA SON OF LATE MAISIRON LANGTHASA

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RESIDENT OF VILLAGE- LANGKULA

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P.O.- NASINGULARI P.S. DIYUNGMUKH DISTRICT- DIMA HASAO

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ASSAM PIN- 788819. 14: ANEN KEMPRAI SON OF SRI KALADARE KEMPRAI

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RESIDENT OF VILLAGE- P. KUNGKRUWARI

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P.O.- NASHINGWARI P.S. DIYUNGMUKH

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DISTRICT- DIMA HASAO ASSAM PIN- 788819.

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15: PULALI THAOSEN WIFE OF SANJIB GIRI

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RESIDENT OF VILLAGE UPPAR THAIJUWARI P.O.- AND P.S. DIYUNGMUKH

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DISTRICT- DIMA HASAO ASSAM PIN- 788819. 16: BIDESH THAOSEN SON OF LATE SORONG THAOSEN

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RESIDENT OF VILLAGE THAIJUWARI

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P.O.- NASHINGWARI P.S. DIYUNGMUKH

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DISTRICT- DIMA HASAO

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ASSAM PIN- 788819.

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17: SANTILAL THAOSEN SON OF LATE NAISORN THAOSEN

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RESIDENT OF VILLAGE- THAIJUWARI

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P.O.- NASHINGWARI P.S. DIYUNGMUKH

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DISTRICT- DIMA HASAO

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ASSAM PIN- 788819.

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18: JIBON KEMPRAI SON OF LATE HEMANTA KEMPRAI

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RESIDENT OF VILLAGE KOTA ARDHA

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P.O. AND P.S. DIYUNGMUKH

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DISTRICT- DIMA HASAO

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ASSAM PIN- 788819.

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19: HAMDI HAFLONGBAR SON OF BELHAM HAFLONGBAR

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RESIDENT OF VILLAGE KOTA ARDHA

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P.O. AND P.S. DIYUNGMUKH

DISTRICT- DIMA HASAO

ASSAM PIN- 788819.

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20: DEPOLAL NUNISA SON OF LATE SAMONSING NUNISA

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RESIDENT OF VILLAGE KOTA ARDHA

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P.O. AND P.S. DIYUNGMUKH

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DISTRICT- DIMA HASAO ASSAM PIN- 788819. 21: PAIMENDRA NAIDING SON OF HAMNIN NAIDING

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RESIDENT OF VILLAGE DELAISA P.O. AND P.S. GUNGJUNG

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DISTRICT- DIMA HASAO ASSAM PIN- 788819.

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22: DIMOSH SORONGPONG SON OF MONON SORONGPON

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RESIDENT OF VILLAGE- SURANGDISA P.O. AND P.S. DEHANGI

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DISTRICT- DIMA HASAO ASSAM PIN- 788819.

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23: RADATS NUNISA SON OF DARMANON NUNISA RESIDENT OF VILLAGE LANGMAISA DIKRING

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P.O. AND P.S. DEHANGI

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DISTRICT- DIMA HASAO ASSAM PIN- 788819.

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24: MOKENDRO NUNISA SON OF KOPENDRO NUNISA

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RESIDENT OF VILLAGE- LANGMAISA DIKRING

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P.O. AND P.S. DEHANGI

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DISTRICT- DIMA HASAO ASSAM PIN- 788819. 25: BROJENDRA NAIDING SON OF LATE BAIDYANATH NAIDING

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RESIDENT OF VILLAGE PRABDISA

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P.O. AND P.S. DIYUNGMUKH

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DISTRICT- DIMA HASAO ASSAM PIN- 788819.

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26: RENU JOHARI SON OF DINENDA NAIDING

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RESIDENT OF VILLAGE PRABDISA P.O. AND P.S. DIYUNGMUKH

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DISTRICT- DIMA HASAO

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ASSAM PIN- 788819.

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27: GOJENDRA NAIDING SON OF DINENDRA NAIDING

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RESIDENT OF VILLAGE PRABDISA P.O. AND P.S. DIYUNGMUKH

DISTRICT- DIMA HASAO

ASSAM PIN- 788819.

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28: BIMAL JIDUNG SON OF LATE RANJIT JIDUNG RESIDENT OF VILLAGE PRABDISA

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P.O. AND P.S. DIYUNGMUKH DISTRICT- DIMA HASAO ASSAM PIN- 788819. 29: JOTESH JIDUNG SON OF LATE NOYETH JIDUNG RESIDENT OF VILLAGE LONGMAISA DIKRING

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P.O. AND P.S. DEHANGI

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DISTRICT- DIMA HASAO ASSAM PIN- 788819. 30: DIREN NAIDING SON OF DINON NAIDING RESIDENT OF VILLAGE LABRO P.O. AND P.S. DIYUNGMUKH

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DISTRICT- DIMA HASAO ASSAM PIN- 788819.

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31: PANDIT NAIDING SON OF H. NAIDING

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RESIDENT OF VILLAGE LANGKULA

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P.O. AND P.S. DIYUNGMUKH

DISTRICT- DIMA HASAO

ASSAM PIN- 788819.

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32: ANIL NUNISA SON OF LATE DONLAL NUNISA RESIDENT OF VILLAGE LANGMAISA DIKRING

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P.O. AND P.S. DEHANGI DISTRICT- DIMA HASAO ASSAM PIN- 788819. 33: HARONGO HAFLONGBAR SON OF B. HAFLONGBAR RESIDENT OF VILLAGE RAILING NO. 1 P.O. AND P.S. DIYUNGMUKH DISTRICT- DIMA HASAO ASSAM PIN- 788819. VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM (LR) DEPARTMENT DISPUR GUWAHATI- 781006. 2:THE PRINCIPAL SECRETARY N.C. HILLS AUTONOMOUS COUNCIL

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HAFLONG DISTRICT- DIMA HASAO PIN- 788819 ASSAM. 3:THE DEPUTY COMMISSIONER

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DISTRICT- DIMA HASAO HAFLONG PIN- 788819 ASSAM. 4:THE SECRETARY AND REVENUE OFFICER (W) NC HILLS AUTONOMOUS COUNCIL HAFLONG DISTRICT- DIMA HASAO

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PIN- 788819 ASSAM. 5:THE CHIEF ENGINEER PUBLIC WORKS ROAD DEPARTMENT (EAP) FATASIL AMBARI GUWAHATI DISTRICT- KAMRUP(M) PIN- 781025. 6:THE EXECUTIVE ENGINEER PUBLIC WORKS ROAD DEPARTMENT HAFLONG DISTRICT- DIMA HASAO PIN- 788819 ASSAM. -----------Advocate for : MR. B BARUAH Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 5 ORS

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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O R D E R

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01.11.2022

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Heard Mr. B. Baruah, learned counsel for the petitioners and Mr. D. Nath, learned Senior Government Advocate for the respondents No. 1, 3 and 5, being the Secretary to the Government of Assam in the LR Department, the Deputy Commissioner, Dima Hasao and the Chief Engineer, Public Works Road Department (EAP). Also heard Ms. J. Gogoi, learned counsel for the respondents No. 2, 4 and 6, being the authorities under the N.C. Hills Autonomous Council.

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This writ petition is instituted in a circumstance that under the Asom Mala Road Project initiated also in the Dima Hasao district, the respondent authorities intend to construct a two lane highway from Haflong to Lanka Road under the aforesaid project and that the prospective highway would be passing through the villages of the petitioners. In paragraph 6 of the writ petition, a statement

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has been made that it came to the knowledge from the Executive Engineer, PWD Roads Division, Haflong, that the construction of the road would now begin from sometime in the first week of September, 2022. The petitioners are apprehensive that no process acceptable in law for acquiring the land has been initiated till date and the respondent authorities intend to start the work of construction of the road without formally taking over the land of the petitioners.

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Without going into further details, considering the nature of the grievance raised, we direct the respondent No. 5, Chief Engineer, Public Works Road Department (EAP) and the respondent No. 6, Executive Engineer, Public Works Road Department, Haflong, to verify from their records as to whether the lands of the present petitioners would also be included in the construction of the proposed road from Haflong to Lanka Road under the Asom Mala Road Project. If the said two respondents arrive at a conclusion that the lands of the petitioners would also be included in the construction of the road, necessary steps be taken to move the Deputy Commissioner, Haflong or any other authority for a formal taking over and acquisition of the land by following the due procedure of law. The requirement to arrive at such conclusion as to whether the lands of the petitioners would be included in the aforesaid road project be done within a period of 1(one) month from the date of receipt of certified copy of this order and if the conclusion arrived at is that the land of the petitioners would be included, within a period of another 15(fifteen) days therefrom, the respondents No. 5 and 6 shall initiate the necessary process to move the Office of the Deputy Commissioner, Haflong or any other authority for a formal taking over and acquisition of the land concerned. If the conclusion arrived at is that the lands of the petitioners would not be included in the aforesaid road project, necessary order be passed and the petitioners be

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informed and in such event, under no circumstance the lands of the petitioners would be utilized for the construction of the road. On the other hand, if conclusion arrived at is that the lands of the petitioners would be included in the construction of the road, necessary steps as indicated above for a formal taking over and acquisition be done. We further provide that if the conclusion arrived at is that the land of the petitioners would be included and the formal steps for taking over and acquiring the land is not undertaken within the aforementioned period, there will be a restrain order on the respondents in the PWRD not to construct the road over the lands of the petitioners. The petitioners shall also cooperate with the Executive Engineer, PWRD, Haflong, in order to enable the said authorities to arrive at a conclusion as to whether the petitioners are owners of any such land which may be included in the road project. The aforesaid time limit is framed subject to the cooperation of the petitioners with the respondent authorities.

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Writ petition stands disposed of as indicated above.

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JUDGE

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Comparing Assistant

Roton Hojai and 32 Ors. v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Roton Hojai and 32 Ors. v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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