Dismissed

Minu Dutta v. the Union of India and 11 Ors.

Gauhati HC12 Nov 2024WP(C)/5061/2024

Case brief

AI extract

What is this about?

Writ petition challenging a land acquisition compensation determination under the National Highways Act was withdrawn by the petitioner to pursue an appeal against the District Judge-cum-LARR Authority's judgment. Dismissed on withdrawal with liberty.

What did the court decide?

Liberty granted to withdraw and prefer appropriate application against the LARR Authority judgment dated 22.05.2024.

Minu Dutta Vs the Union of India and 11 Ors. — Land Acquisition | Gauhati HC (2024)

¶1

Page No. 1/4

¶2

GAHC010197492024

¶3

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

¶4

Case No. : WP(C)/5061/2024

¶5

MINU DUTTA D/O LATE CHANDHAR KALITA W/O SRI ALINDRA CH. DUTTA, RESIDENT OF KAMARMATI GAON, PO MOUT GAON, PS JORHAT, DIST JORHAT, ASSAM

¶6

VERSUS

¶7

THE UNION OF INDIA AND 11 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF ROAD TRANSPORT AND HIGHWAY

¶8

2:THE NATIONAL HIGHWAYS AUTHORITY OF INDIA REPRESENTED BY ITS CHAIRMAN HAVING ITS HEADQUATER AT SECTOR 10 DWARKA NEW DELHI 110075 NEW DELHI

¶9

3:THE NATIONAL HIGHWAY AUTHORITY OF INDIA REGIONAL OFFICE AT GUWAHATI NEDFI HOUSE 4TH FLOOR G.S ROAD DISPUR GUWAHATI 06 ASSAM REPRESENTED BY ITS PROJECT DIRECTDOR

¶10

4:THE NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION (NHIDCL) PTI BUILDING 4 PARLIAMENT STREET SANSAD MARG ARE NEW DELHI 110001

¶11

Page No. 2/4

¶12

5:THE ADDITIONAL DEPUTY COMMISSIONER (REVENUE) LAND ACQUISITION JORHAT ASSAM COMPETENT AUTHORITY UNDER THE NATIONAL HIGHWAYS ACT 1956 785001

¶13

6:THE MANAGER

¶14

SAKALATING TEA ESTATE VILLAGE SAKALATING GRANT MOUZA KARAIKHOWA GAON MOUZA PARBATIA JORHAT WEST REVENUE CIRCLE DIST JORHAT ASASM 785001

¶15

7:SRI BIPUL KALITA

¶16

S/O LATE DHARMESWAR KALITA RESIDENT OF MALOW ALI ROAD MALOW ALI TINIALI NEAR BSNL OFFICE PO AND PS JORHAT DIST JORHAT ASSAM 785001

¶17

8:SMTI KAMALA DUTTA D/O LATE DHARMESWAR KALITA RESIDENT OF MALOW ALI ROAD MALOW ALI TINIALI NEAR BSNL OFFICE PO AND PS JORHAT DIST JORHAT ASSAM 785001

¶18

9:SMTI ANIMA THAKURIA D/O LATE DHARMESWAR KALITA RESIDENT OF MALOW ALI ROAD MALOW ALI TINIALI NEAR BSNL OFFICE PO AND PS JORHAT DIST JORHAT ASSAM 785001

¶19

10:SMTI ANIMA THAKURIA

¶20

Page No. 3/4

¶21

D/O LATE DHARMESWAR KALITA W/O ANANTA THAKURIA RESIDENT OF GAYAN GAON 785001 PO PS AND DIST JORHAT ASSAM 11:SMTI. JAYSHREE BHARALI D/O LATE ANJALI BHARAI RESIDENT OF NEAR MURMURIA TEA ESTATE PO MURMURIA PS TITABOR DIST JORHAT ASSAM 785703 12:SRI TANKESWAR BHARALI RESIDENT OF NEAR MURMURIA TEA ESTATE PO MURMURIA PS TITABOR DIST JORHAT ASSAM 785703 13:SMTI DEIJI BORBORAUH D/O LATE DHARMESWAR KALITA RESIDENT OF NEAR MURMURIA TEA ESTATE PO MURMURIA PS TITABOR DIST JORHAT ASSAM 78570

¶22

Advocate for the Petitioner : MR. S J SARMAH, MR. J I BORBHUIYA

¶23

Advocate for the Respondent : DY.S.G.I., MR A DEKA(R-6),N CHAUDHURY(R-6),MR. M DAS(R-6),MR. B D DEKA (R-6),FOR CAVEATOR,MR H K BAISHYA,MR. B D GOSWAMI,SC, NHAI,GA, ASSAM

¶24

BEFORE

¶25

HONOURABLE MR. JUSTICE MANISH CHOUDHURY

¶26

ORDER

¶27

Date : 13.11.2024

¶28

Heard Mr. S.J. Sarmah, learned counsel for the petitioner; Mr. B.D. Deka, learned counsel for the caveator/respondent no. 6; Mr. C. Baruah, learned Standing Counsel,

¶29

Page No. 4/4

¶30

NHAI/NHIDCL for the respondent nos. 1, 2, 3 & 4; and Ms. M. Barman, learned Junior Government Advocate, Assam for the respondent no. 5.

¶31

Mr. Sarmah, learned counsel for the petitioner has submitted that the petitioner may be permitted to withdraw this writ petition, filed under Section 226 of the Constitution of India, in order to prefer appropriate application to assail the Judgment dated 22.05.2024, passed by the Court of learned District Judge – cum – LARR Authority at Jorhat as a principal civil court of original jurisdiction in L.A. Reference Case no. 02/2022 on a reference made under Section 3H[4] of the National Highways Act, 1956.

¶32

The prayer made on behalf of the petitioner is not objected by the learned counsel for the respondents.

¶33

In view of the above submission made by Mr. Sarmah, learned counsel for the petitioner, the writ petition stands dismissed on withdrawal, with the liberty, as prayed for.

¶34

JUDGE

¶35

Comparing Assistant

Minu Dutta v. the Union of India and 11 Ors.

Case brief

What is this about?

What did the court decide?

Minu Dutta v. the Union of India and 11 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Khemanta Bhumij and Anr. Vs the State of Assam and 3 Ors.

Sonadhan Chakma Vs the State of Assam and 3 Ors.

M/S Akbar Ali Mir and Anr. Vs the State of Assam and 3 Ors.

Ramesh Lalung Vs the State of Assam and 3 Ors.

Ali Akbar Vs the Union of India and 4 Ors.

Md. Abdul Kadir Vs the State of Assam and 3 Ors.