A Writ Appeal was filed against an order refusing interference in a petition deemed premature due to undetermined compensation under the National Highway Act, 1956. The High Court dismissed the appeal.
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GAHC010172132024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/300/2024
ABDUL KUDDUS LASKAR
S/O- LATE MADARIS ALI LASKAR, R/O- VILL AND P.O. NEAIRGRAM, PARTII, DIST.- CACHAR, ASSAM, PIN- 788013
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF REVENUE AND DM (LR), ASSAM (CIVIL) SECRETARIAT, DISPUR, GUWAHATI- 06
2:THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVERMENT OF INDIA TRANSPORT BHAWAN PARLIAMENT STREET NEW DELHI PIN- 110001
3:THE MANAGING DIRECTOR NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED 1ST AND 2ND FLOOR TOWER A WORLD TRADE CENTRE NAUROJI NAGAR NEW DELHI 110029
4:THE DISTRICT COMMISSIONER CUM COLLECTOR CACHAR SILCHAR
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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 ASSA
Advocate for the Petitioner : MR. A R BHUYAN, MR N Z CHOUDHURY,MR S ABDULLAH
Advocate for the Respondent : GA, ASSAM, SC, NHAI,SC, REVENUE
BEFORE
HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM
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.3746/2024 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.
C of the National Highway Act, 1956. The learned Single Judge has observed
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that since determination of the compensation is not done by the competent
authority, the Writ Petition filed by the appellant is premature.
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
1 issue framed by the court
Whether the Writ Court should interfere in the impugned order refusing to grant directions on a representation filed under Section 3 of the National Highway Act, 1956.
1 provisions across 1 enactments
Abdul Kuddus Laskar
The State of Assam
Vijay Bishnoi
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
