Sabir Ahmed Choudhury v. the Union of India and Ors.

Gauhati HC12 Jul 2026I.A.(Civil)/1889/2026

Case brief

AI extract

What is this about?

Impleadment application allowed; NHIDCL General Manager [P], PMU-Silchar impleaded as respondent no. 6 in writ petition challenging land acquisition under National Highways Act, 1956 for NH-306 widening/four-laning project (KM 20+000 to KM 49+360), District Cachar, Assam; implementing authority held necessary party; no objection by opposite parties; W.P.[C] No. 5497/2025; I.A.(Civil)/1889/2026; Gauhati High Court; Manish Choudhury, J.; order dated 13.07.2026.

What did the court decide?

Impleadment of 'The General Manager [P], NHIDCL, PMU-Silchar, Silchar-Peskar Lane, Sonai Road, Kanakpur Part-I, Silchar, Cachar, Assam, Pin – 788006' as party-respondent no. 6 in W.P.[C] No. 5497/2025; the opposite parties had no objection to the application being allowed. ¶¶30

Sabir Ahmed Choudhury Vs the Union of India and Ors. — Gauhati HC (2026) — LawSathi Research

Page No.# 1/5

GAHC010206132025

undefined

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

¶5

I.A.(Civil)/1889/2026

¶6

SABIR AHMED CHOUDHURY SO LT ABDUR RAZZAQUE CHOUDHURY RO VILL BANGRAM PO BHAGA BAZAR DIST CACHAR ASSAM PIN 788120

¶7

2: GULAM MUHAMMED KIBRIA CHOUDHURY SO LATE JALAL AHMED CHOUDHURY RO VILL BANGRAM PO BHAGA BAZAR DIST CACHAR ASSAM PIN 788120

¶8

3: G M JAKARIYA CHOUDHURY SO LATE JALAL AHMED CHOUDHURY RO VILL BANGRAM PO BHAGA BAZAR DIST CACHAR ASSAM PIN 788120

¶9

4: GULAM MUHAMMAD YEAHYEA CHOUDHURY SO LATE JALAL AHMED CHOUDHURY RO VILL BANGRAM PO BHAGA BAZAR DIST CACHAR ASSAM PIN 788120

¶10

5: KALIM SIDDIQUE CHOUDHURY

¶11

Page No.# 2/5

¶12

SO LATE JALAL AHMED CHOUDHURY RO VILL BANGRAM PO BHAGA BAZAR DIST CACHAR ASSAM PIN 788120

¶13

6: HUSNA BEGAM MAZUMDER WO SAMSUL HOQUE MAZUMDER RO ALITIKAR MEHERPUR CACHAR ASSAM PIN 788015

¶14

7: NAZMA LASKAR WO SHAHARUR RAHMAN LASKAR RO VILL CHANDRAPUR PART II BANSKANDI CACHAR ASSAM 788101

¶15

8: KHALEDA CHOUDHURY WO TALHA AHMED LASKAR RO VILL TUPKHANA PART I ARUNACHAL CACHAR ASSAM PIN 788025 9: SAMSUN NEHAR CHOUDURY WO LATE JALAL AHMED CHOUDHURY RO VILL BANGRAM PO BHAGA BAZAR DIST CACHAR ASSAM PIN 788120 VERSUS THE UNION OF INDIA and ORS TO BE REPRESENTED BY THE SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT OF INDIA TRANSPORT BHAWAN 1 PARLIAMENT STREET NEW DELHI 110001

¶16

Page No.# 3/5

¶17

2:THE DEPUTY SECRETARY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS GOVT OF INDIA TRANSPORT BHAWAN 1 PARLIAMENT STREET NEW DELHI 110001 3:THE DISTRICT COMMISSIONER CUM COMPETENT AUTHORITY DIST CACHAR SILCHAR ASSAM 4:THE ADDL DISTRICT COMMISSIONER LAND AND REVENUE DIST CACHAR SILCHAR ASSAM 5:THE ASSISTANT SETTLEMENT OFFICER SONAI REVENUE CIRCLE DIST CACHAR ASSAM 6:GENERAL MANAGER P NHIDCL PMU SILCHAR SILCHAR PESKAR LANE SONAI ROAD KANAKPUR PART I SILCHAR CACHAR ASSAM PIN 788006 -----------Advocate for : MR. M H LASKAR Advocate for : GA ASSAM appearing for THE UNION OF INDIA and ORS

¶18

Page No.# 4/5

¶19

BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

¶20

ORDER

¶21

13.07.2026

¶22

Heard Mr. M.H. Laskar, learned counsel for the applicants; Mr. R.K. Talukdar, learned Standing counsel, NHIDCL for the opposite party nos. 1 & 2; and Mr. H. Sarma, learned Additional Senior Government Advocate, Assam for the opposite party nos. 3, 4 & 5.

¶23

The applicants as the writ petitioners have preferred the accompanying writ petition, W.P.[C] no. 5497/2025. In the writ petition, the applicant-petitioners have claimed that they are land-owners of different parcels of land which have been brought under the purview of a land acquisition process under the provisions of the National Highways Act, 1956 for a project : ‘Building [Widening/Four-Laning, etc.], maintenance, management and operation of NH-306 in the stretch of land from KM 20+000 to KM 49+360 in the District of Cachar’ [‘the Project’, for short] initiated by the Ministry of Road Transport and Highways [MoRT&H], Government of India [GoI].

¶24

The instant application is filed seeking impleadment of the following authority :-

¶25

‘The General Manager [P], NHIDCL, PMU-Silchar, Silchar-Peskar Lane, Sonai Road, Kanakpur Part-I, Silchar, Cachar, Assam, Pin – 788006’

¶26

as party-respondent no. 6 in the accompanying writ petition on the premise that the proposed party-respondent no. 6 is the implementing authority for the Project and as such, for adjudication of the issues involved in the accompanying writ petition the presence of the proposed party-respondent is necessary.

¶27

The learned counsel appearing for the opposite parties has submitted that they have

¶28

Page No.# 5/5

¶29

no objection if the instant application seeking impleadment of the proposed party-respondent no. 6 is allowed.

¶30

As the proposed party-respondent is the implementing authority for the Project, this Court is of the considered view that presence of the proposed party-respondent is necessary for adjudication of the issues involved in the accompanying writ petition. The instant application is accordingly allowed.

¶31

JUDGE

¶32

Comparing Assistant

Sabir Ahmed Choudhury v. the Union of India and Ors.

Case brief

What is this about?

What did the court decide?

Sabir Ahmed Choudhury v. the Union of India and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Nayana Bordoloi and Anr. Vs the State of Assam and 4 Ors.

Bimal Baishya and 4 Ors. Vs the State of Assam and 6 Ors.

Sri Krishna Hazarika Vs the State of Assam and Other

Star Health and Allied Insurance Company Limited Vs Sri Sabyasachi Beb and Anr.

The Union of India and Ors. Vs Smt Kanduri Bala Ray

Smti Ajuli Roy Vs the Union of India and Ors.