SHRI. JANGLALUNG AND ANR v. THE UNION OF INDIA AND 9 ORS
Court: Gauhati High Court
Bench: HON'BLE MR. JUSTICE DEVASHIS BARUAH
Judgment date:
Case summary
Gauhati High Court judgment dated 2024-06-07. SHRI. JANGLALUNG AND ANR v. THE UNION OF INDIA AND 9 ORS. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/4 GAHC020001682023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/72/2023 SHRI. JANGLALUNG AND ANR AGED ABOUT 49 YEARS, S/O LATE POULANPOU, R/O PEACE LAND COLONY, MHAINAMTSI VILLAGE, DISTRICT - PEREN, NAGALAND 2: SHRI. DIPHULUNG KAMEI AGED ABOUT 38 YEARS S/O LATE NGAIDAI R/O PEACE LAND COLONY MHAINAMTSI VILLAGE DISTRICT - PEREN NAGALAN VERSUS THE UNION OF INDIA AND 9 ORS REPRESENTED BY THE SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS(MORTH), GOVERNMENT OF INDIA, 1 - PARLIAMENT STREET, TRANSPORT BHAWAN, NEW DELHI - 110001 2:THE STATE OF NAGALAND REPRESENTED BY THE CHIEF SECRETARY GOVERNMENT OF NAGALAND Page No.
# 2/4 3:THE SUPERINTENDENT OF POLICE PEREN NAGALAND 4:THE OFFICER-IN-CHARGE JALUKIE POLICE STATION PEREN NAGALAND 5:THE DEPUTY COMMISSIONER PEREN NAGALAND 6:THE ADDITIONAL DEPUTY COMMISSIONER JALUKIE PEREN NAGALAND 7:THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT(NH) KOHIMA NAGALAND 8:THE MANAGING DIRECTOR NHIDCL MINISTRY OF ROAD TRANSPORT AND HIGHWAYS (MORTH) GOVERNMENT OF INDIA FLOOR BUILDING 4 - PARLIAMENT STREET NEW DELHI - 110001 9:THE EXECUTIVE DIRECTOR NHIDCL R. O. PWD REST HOUSE PWD COLONY Page No. # 3/4 10:SHRI. LUNGZIUDING THOU CHAIRMAN OF MHAINAMTSI VILLAGE COUNCIL JALUKIE PEREN NAGALAN For the Petitioner(s) : Mr. Pakinrichapbo, Advocate For the Respondent(s) : Mr. L. T. Sangtam, Additional Advocate General : Mr. Sentiyanger, Advocate : Ms. N. Solo, Advocate BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 07. 06. 2024 Heard Mr. Pakinrichapbo, the learned counsel appearing on behalf of the Petitioners and Mr.
Sentiyanger, the learned Standing counsel appearing on behalf of the Respondent Nos. 1, 8 and 9. I have also heard Mr. L. T. Sangtam, the learned Additional Advocate General appearing on behalf of the Respondent Nos. 2, 3, 4, 5, 6 and 7 and Ms. N. Solo, the learned Standing counsel appearing on behalf of the Respondent No. 10. 2. The instant writ petition has been filed by the Petitioners being aggrieved on account of not getting compensation in respect to the lands and/or standing structures/properties pertaining to the Structure No. XL17 of Serial No. 175 and Structure No. XL22 of Serial No. 188 respectively thereby totaling to an amount of Rs. 26,75,289. 05/- in respect to construction/widening of the two lane road of NH-129A (Package-3) from Peren to Dimapur by the Page No. # 4/4 Respondents. 3. Pursuant to the filing of the instant writ petition, the Respondent No.
10 had filed an affidavit-in-opposition wherein it has been categorically mentioned that the Petitioners have already received the compensation in respect to what the Petitioners were actually entitled to. It has also been mentioned that the Petitioners are not entitled to any other compensation inasmuch as the other lands and properties belonged to their community lands. 4. From a further perusal of the materials on record, it transpires that the Respondent Authorities have duly paid the compensation. However, it is a dispute purely between the Petitioners and the Respondent No. 10. Under such circumstances, as the said dispute is purely a civil dispute, the instant writ petition cannot be entertained taking into account that various disputed questions of facts would arise and the same cannot be adjudicated by way of the jurisdiction under Article 226 of the Constitution. 5. Accordingly, this Court dismisses the instant writ petition. 6.
Be that as it may, this Court makes it clear that if the Petitioners are aggrieved on account of non-receipt of the compensation, the Petitioner would be at liberty to avail remedies which are otherwise available under law. Sd/- JUDGE Comparing Assistant
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