Smt. Urmila Agarwala Vs the Union of India and 6 Ors. — Gauhati HC (2025) — LawSathi Research

Smt. Urmila Agarwala Vs the Union of India and 6 Ors. — Gauhati HC (2025) — LawSathi Research

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GAHC010049022025

2025:GAU-AS:4472

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

Case No. : I.A.(Civil)/1036/2025

SMT. URMILA AGARWALA W/O SRI PAWAN AGARWALLA, R/O TARAPARA, P.O- DARANGGIRI, P.SRANGJULI, DIST- GOALPARA, ASSAM

VERSUS

THE UNION OF INDIA AND 6 ORS REPRESENTED BY THE SECRETARY, THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAWAN, 1 PARLIAMENT STREET, NEW DELHI- 110001

2:THE NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI) REPRESENED BY THE CHAIRMAN NHAI REGIONAL OFFICE NEDFI HOUSE 4TH FLOOR G.S ROAD DISPUR GUWAHTAI ASSAM 781006

3:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM LAND AND REVENUE DEPARTMENT GUWAHATI ASSAM 781006

4:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT GUWAHATI ASSAM- 781006

5:THE DEPUTY COMMISSIONER CUM COMPETENT AUTHORITY GOALPARA DISTRICT

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GOALPARA ASSAM-783121 6:THE ADDITIONAL DEPUTY COMMISSIONER

GOALPARA DISTRICT GOALPARA ASSAM- 783121 7:THE CIRCLE OFFICER DUDHNOI REVENUE CIRCLE GOALPARA DISTRICT ASSAM- 78312

Advocate for the Petitioner : MR G N SAHEWALLA, MR. A K SAHEWALLA,MR H K SARMA,MS K SARMA

Advocate for the Respondent : DY.S.G.I., SC, NHIDC,SC, NHAI,GA, ASSAM,SC, FINANCE,SC, REVENUE

Linked Case : WP(C)/6750/2024

URMILA AGARWALA W/O SRI PAWAN AGARWALLA RESIDENT OF TARAPARA PO DARANGGIRI PS RANGJULI DIST GOAPARA ASSAM

VERSUS

THE UNION OF INDIA AND 06 ORS. REPRESENTED BY THE SECRETARY TO THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS TRANSPORT BHAWAN 1 PARLIAMENT STREET NEW DELHI 110001.

2:THE NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI) REPRESENED BY THE CHAIRMAN NHAI REGIONAL OFFICE NEDFI HOUSE

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4TH FLOOR G.S ROAD DISPUR GUWAHTAI ASSAM 781006

3:THE STATE OF ASSAM

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM

LAND AND REVENUE DEPARTMENT GUWAHATI ASSAM 781006

4:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT GUWAHATI ASSAM 781006

5:THE DEPUTY COMMISSIONER CUM COMPETENT AUTHORITY GOALPARA ASSAM 783121

6:THE ADDITIONAL DEPUTY COMMISSIONER

GOALPARA ASSAM 783121

7:THE CIRCLE OFFICER

DUDHNOI REVENUE CIRCLE GOALPARA ASSAM 783121

-----------Advocate for : MR G N SAHEWALLA

Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 06 ORS.

BEFORE

HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY

ORDER

09-04-2025

1. Heard Mr. G. N. Sahewalla, learned Senior counsel assisted by Ms. K. Bhattacharya, learned counsel for the applicant and Mr. R. Boro, learned Standing counsel, National Highways Authority of India (NHAI) for the respondent No. 2.Also heard Mr. A. Bhattacharya, learned Standing counsel, Revenue Department for the

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respondent No.3 and Ms. M. Barman, learned State counsel for the respondent Nos. 4 to 6.

2. The present interlocutory application is filed by the applicant/petitioner praying for impleadment of the National Highways and Infrastructures Development Corporation (NHIDCL) and the NHIDCL, Project Monitoring Unit as party respondents in the connected WP(C) No. 6750/2024.

3. Mr. R.K.Talukdar, learned Standing counsel, NHIDCL submits that both NHIDCL as well as NHIDCL, Project Monitoring Unit shall be necessary parties for proper determination of the connected writ petition.

4. This Court has perused the pleadings made in the connected writ petition and considered the submissions made by the parties.

5. Such materials lead to a conclusion that the entities as described at Paragraph 6 (i) and 6 (ii) of the present application, shall be necessary parties for proper adjudication of the aforesaid writ petition.

6. Accordingly, the applicant/petitioner is allowed to implead NHIDCL as well as NHIDCL, Project Monitoring Unit as party respondents in the connected WP(C) No. 6750/2024.

7. The learned counsel for the applicant/petitioner shall submit the amended cause

title before the Registry as required under CIS incorporating the aforesaid entities as party respondents in seriatim. Thereafter, a copy of the amended cause title accepted by the Registry, be furnished to the learned counsels for the contesting respondents.

8 . With the aforesaid observation and direction, this interlocutory application stands disposed of.

JUDGE

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Comparing Assistant