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Nasir Uddin Laskar Vs Sahab Uddin Barbhuiya — Gauhati HC (2025) — LawSathi Research

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Gauhati HC
2025
Nasir Uddin Laskar Vs Sahab Uddin BarbhuiyaNasir Uddin Laskar v. Sahab Uddin Barbhuiya

Allowed¶¶42

Nasir Uddin Laskar v. Sahab Uddin Barbhuiya

Gauhati HC10 Aug 2025I.A.(Civil)/2196/2025

Case brief

AI extract

What is this about?

Gauhati High Court; Justice Arun Dev Choudhury; I.A.(Civil)/2196/2025 in WP(C) 6990/2023; impleadment of applicants as respondent Nos.12 to 18; applicants Nasir Uddin Laskar, Korima Begum Laskar, Rabal Hussain Laskar, Nur Ahmed Mazumdar, Nur Essa Begum Mazumdar, Jainal Abedin Barbhuiya, Samsuddin Mazumdar versus respondents Sahab Uddin Barbhuiya, Saif Uddin Barbhuya, Samir Uddin Barbhuiya, Ajir Uddin Barbhuiya, Fayaj Uddin Barbhuiya; National Highways Act 1956 Section 3D notification; National Highway No.306; Ministry of Road Transport & Highways (MoRT&H) land acquisition; compensation disbursement kept in abeyance vide order dated 18.12.2023; Natun Dayapur, Udharbond, Cachar, Assam; amended cause title; CIS norms; decision date 11.08.2025.

What did the court decide?

Applicants impleaded as respondent Nos.12 to 18 in WP(C) No.6990/2023; they are to furnish an amended cause title before the Registry with an advance copy to the learned counsel for the petitioners, whereupon impleadment is to be carried out per the existing CIS norms; the I.A. stands closed.

Why is it important?

After perusal of the pleadings in the writ petition and in the present application, the court formed the opinion that the applicants may be necessary parties in determining the connected writ petition. ¶¶40

What the court decided

AI extract

Outcome

Applicants impleaded as respondent Nos.12 to 18 in WP(C) No.6990/2023; they are to furnish an amended cause title before the Registry with an advance copy to the learned counsel for the petitioners, whereupon impleadment is to be carried out per the existing CIS norms; the I.A. stands closed.

Issue for consideration

Whether the applicants, who claim a right over the subject land acquired for National Highway No.306, should be impleaded as respondent Nos.12 to 18 in WP(C) No.6990/2023. +1 more

Court's answer

The impleadment application stands allowed, with the applicants impleaded as respondent Nos.12 to 18 in the connected writ petition WP(C) No.6990/2023; counsel for the respondent had raised no objection.

Ratio / Principle

After perusal of the pleadings in the writ petition and in the present application, the court formed the opinion that the applicants may be necessary parties in determining the connected writ petition.

Detailed headnote1 paragraphs

Impleadment application (I.A.(Civil) No.2196/2025) in WP(C) No.6990/2023, allowed by the Gauhati High Court (Justice Arun Dev Choudhury) on 11.08.2025. Seven applicants asserting a right over land acquired by MoRT&H, Government of India, for construction of National Highway No.306 were admitted as respondent Nos.12 to 18 in the writ petition; counsel for the respondent raised no objection. The applicants are to furnish an amended cause title before the Registry, with an advance copy to counsel for the petitioners, and impleadment is to follow per the existing CIS norms; the I.A. stands closed. Background: the writ petitioners' grievance that their names were omitted from the notification issued under Section 3D of the National Highways Act, 1956, with disbursement of compensation kept in abeyance vide order dated 18.12.2023 pending adjudication.

A

Page No.# 1/4

GAHC010137732025

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

Case No. : I.A.(Civil)/2196/2025 in WP(C) 6990/2023

NASIR UDDIN LASKAR SON OF SANGAI MIA LASKAR VILLAGE AND PO NATUN DAYAPUR PS UDHARBOND DIST CACHAR ASSAM 788009

2: KORIMA BEGUM LASKAR W/O. LATE AJOL ALI LASKAR R/O. VILLAGE KASHIPUR PART II P.O. NATUN DAYAPUR DISTRICT CACHAR ASSAM PIN CODE 788009

3: RABAL HUSSAIN LASKAR S/O. SANGAI MIA LASKAR VILLAGE AND P.O. NATUN DAYAPUR P.S. UDHARBOND DISTRICT CACHAR ASSAM. PIN CODE 788009

4: NUR AHMED MAZUMDAR S/O. AMIR UDDIN MAZUMDAR VILLAGE HARINAGAR P.O. HARINAGAR BAZAR P.S. HARINAGAR DISTRICT CACHAR ASSAM. PIN CODE 788107

5: NUR ESSA BEGUM MAZUMDAR

W/O. HAIDER HUSSAIN LASKAR VILLAGE NATUN DAYAPUR P.O. NATUN DAYAPUR

Page No.# 2/4

P.S. UDHARBOND DISTRICT CACHAR ASSAM. PIN CODE 788009

6: JAINAL ABEDIN BARBHUIYA

SON OF LATE SAFIL UDDIN BARBHUIYA RESIDENT OF VILLAGE NATUN DAYAPUR CHOWK PO NATUN DAYAPUR PS UDHARBOND DIST CACHAR ASSAM 788009

7: SAMSUDDIN MAZUMDAR

SON OF ABDUL HOQUE MAZUMDAR RESIDENT OF VILLAGE BERENGA PART V PO BERENGA DIST CACHAR ASSAM 788005 VERSUS

SAHAB UDDIN BARBHUIYA

S/O ILAS ALI BARBHUIYA R/O RONGPUR PART 1 P.O. ARKATIPUR P.S. SILCHAR DIST. CACHAR

2:SAIF UDDIN BARBHUYA

S/O ILAS ALI BARBHUIYA R/O RONGPUR PART 1 P.O. ARKATIPUR P.S. SILCHAR DISTRICT CACHAR ASSAM.

3:SAMIR UDDIN BARBHUIYA

S/O ILAS ALI BARBHUIYA R/O RONGPUR PART 1 P.O. ARKATIPUR P.S. SILCHAR DISTRICT CACHAR ASSAM

4:AJIR UDDIN BARBHUIYA

S/O ILAS ALI BARBHUIYA R/O RONGPUR PART 1 P.O. ARKATIPUR P.S. SILCHAR DISTRICT CACHAR ASSAM

5:FAYAJ UDDIN BARBHUIYA

S/O ILAS ALI BARBHUIYA R/O RONGPUR PART 1 P.O. ARKATIPUR P.S. SILCHAR DISTRICT CACHAR ASSAM

-----------Advocate for : MR. R MAJUMDAR Advocate for : DY.S.G.I. appearing for SAHAB UDDIN BARBHUIYA

Page No.# 3/4

BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

ORDER

Date : 11.08.2025

Heard Mr. J.U.N.M. Laskar, learned counsel for the applicants.

The present application is filed by the applicants for impleadment of their names as respondent Nos.12 to 18 in WP(C) No.6990/2023.

In WP(C) No.6990/2023, a grievance is raised by the petitioners that despite being the owners of the parcels of land which have been acquired by the Ministry of Road Transport & Highways (MoRT&H), Government of India for the purpose of construction of National Highway No.306, the petitioners’ names have not been included in the notification issued under Section 3D of the National Highways Act, 1956. 4. Accordingly, while issuing notice of motion vide order dated 18.12.2023, a direction was issued to the effect that disbursement of compensation amount in respect of the subject plot shall be kept in abeyance till the returnable date.

The applicants also claim their right over the subjectland. Accordingly, the present impleadment petition is filed.

Perused the pleadings in the writ petition as well as the pleadings made in the present application.

After perusal of the same, this court is of the opinion that

Page No.# 4/4

the applicants may be necessary parties in determining the connected writ petition.

Mr. S Borthakur, learned counsel for the respondent has also not objected in the impleadment of the present applicants as respondent Nos.12 to 18.

Accordingly, the present application stands allowed by impleading the applicants as respondent Nos.12 to 18 in the connected writ petition.

The applicants shall furnish an amended cause title before the Registry with an advance copy to the learned counsel for the petitioners and thereafter the necessary impleadment be carried out as per the existing CIS norms.

The I.A stands closed.

JUDGE

Comparing Assistant

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the applicants, who claim a right over the subject land acquired for National Highway No.306, should be impleaded as respondent Nos.12 to 18 in WP(C) No.6990/2023.¶¶34
The court held
The impleadment application stands allowed, with the applicants impleaded as respondent Nos.12 to 18 in the connected writ petition WP(C) No.6990/2023; counsel for the respondent had raised no objection.ratio¶¶42
2.
Whether the applicants are necessary parties for determining the connected writ petition.medium confidence¶¶40
The court held
After perusal of the pleadings in the writ petition and in the present application, the court formed the opinion that the applicants may be necessary parties in determining the connected writ petition.ratio¶¶40

Statutes considered

1 provisions across 1 enactments

AI extract

National Highways Act, 19563D¶¶35

Procedural history

How this case reached the court

AI extract

Prior proceeding
WP(C) No.6990/2023: petitioners allege that although parcels of land owned by them were acquired by the Ministry of Road Transport & Highways (MoRT&H), Government of India, for construction of National Highway No.306, their names were not included in the notification issued under Section 3D of the National Highways Act, 1956.¶¶35
Prior proceeding
Order dated 18.12.2023 in WP(C) No.6990/2023: notice of motion issued, with a direction that disbursement of compensation for the subject plot be kept in abeyance till the returnable date.¶¶35
Prior proceeding
The applicants claim a right over the subject land, prompting the present impleadment application.¶¶36

Parties & counsel

AI extract

applicant
NASIR UDDIN LASKAR¶¶6
J.U.N.M. Laskar, R Majumdar
applicant
KORIMA BEGUM LASKAR¶¶7
J.U.N.M. Laskar, R Majumdar
applicant
RABAL HUSSAIN LASKAR¶¶8
J.U.N.M. Laskar, R Majumdar
applicant
NUR AHMED MAZUMDAR¶¶9
J.U.N.M. Laskar, R Majumdar
applicant
NUR ESSA BEGUM MAZUMDAR¶¶10
J.U.N.M. Laskar, R Majumdar
applicant
JAINAL ABEDIN BARBHUIYA¶¶14
J.U.N.M. Laskar, R Majumdar
applicant
SAMSUDDIN MAZUMDAR¶¶16
J.U.N.M. Laskar, R Majumdar
respondent
SAHAB UDDIN BARBHUIYA¶¶18
S Borthakur, DY.S.G.I.
respondent
SAIF UDDIN BARBHUYA¶¶20
S Borthakur
respondent
SAMIR UDDIN BARBHUIYA¶¶22
S Borthakur
respondent
AJIR UDDIN BARBHUIYA¶¶24
S Borthakur
respondent
FAYAJ UDDIN BARBHUIYA¶¶26
S Borthakur

Coram

AI extract

Arun Dev Choudhuryauthor¶¶30

Case details

As recorded by the court registry

Court: Gauhati HC
Decided on: 10 Aug 2025 · August
Registered: 15 Jul 2025
Case no.: I.A.(Civil)/2196/2025
CNR: GAHC010146962025
Bench: Arun Dev Choudhury
Disposal: Disposed Of
Case type: I.A.(Civil)

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Cite this judgement

Nasir Uddin Laskar v. Sahab Uddin Barbhuiya, I.A.(Civil)/2196/2025 (GAU), decided on 10 August 2025.

The Gauhati High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

National Highways Act, 19563D

View all statutes

Procedural history3

WP(C) No.6990/2023: petitioners allege that although parcels of land owned by them were acquired by the Ministry of Road Transport & Highways (MoRT&H), Government of India, for construction of National Highway No.306, their names were not included in the notification issued under Section 3D of the National Highways Act, 1956.
Order dated 18.12.2023 in WP(C) No.6990/2023: notice of motion issued, with a direction that disbursement of compensation for the subject plot be kept in abeyance till the returnable date.

View full history

Bench / Coram

Arun Dev Choudhury

Parties & counsel