MR. IMISENBA v. THE UNION OF INDIA AND 8 ORS
Court: Gauhati High Court
Bench: HON'BLE MR. JUSTICE BUDI HABUNG
Judgment date:
Case summary
Gauhati High Court judgment dated 2024-02-12. MR. IMISENBA v. THE UNION OF INDIA AND 8 ORS. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/4 GAHC020000382024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I. A. (Civil)/11/2024 MR. IMISENBA S/O IMSUMEREN R/O VILLAGE- MERANGKONG VILLAGE P. O. - TULI, PIN- 798618 MOKOKCHUNG NAGALAND VERSUS THE UNION OF INDIA AND 8 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF ROAD, TRANSPORT AND HIGHWAYS, NEW DELHI-110001 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF NAGALAND ROAD TRANSPORT AND HIGHWAYS DEPARTMENT P. O. AND P. S. KOHIMA KOHIMA NAGALAND 3:THE CHIEF ENGINEER PWD (NATIONAL HIGHWAY) KOHIMA NAGALAND 4:THE EXECUTIVE ENGINEER PWD NATIONAL HIGHWAY DIVISION-II MOKOKCHUNG P. O. MOKOKCHUNG NAGALAND 5:THE EXECUTIVE ENGINEER PWD (R AND B)FEEDER ROADS DIVISION TULI NAGALAND MOKOKCHUNG NAGALAND-798618 6:THE DEPUTY COMMISSIONER MOKOKCHUNG NAGALAND Page No.
# 2/4 7:THE ADDITIONAL DEPUTY COMMISSIONER TULI NAGALAND 8:THE SUB DIVISIONAL OFFICER O/O THE DEPUTY COMMISIONER MOKOKCHUNG NAGALAND 9:M/S KKB PROJECTS PVT. LTD A 408-409 CITY CENTRE NR. RESHAM BHAVAN LAL DARWAJA SURAT GUJARA Advocate for the Petitioner : K TSUKRU Advocate for the Respondent : CGSC Linked Case : WP(C)/236/2023 MR. IMISENBA S/O IMSUMEREN R/O MERANGKONG VILLAGE P. O. TULI PIN-798618 MOKOKCHUNG NAGALAND VERSUS THE UNION OF INDIA AND 7 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF ROAD TRANSPORT AND HIGHWAYS- NEW DELHI- 110001 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF NAGALAND ROAD TRANSPORT AND HIGHWAYS DEPARTMENT P. O. AND P. S. KOHIMA KOHIMA NAGALAND 3:THE CHIEF ENGINEER PWD (NATIONAL HIGHWAY) KOHIMA NAGALAND Page No. # 3/4 4:THE EXECUTIVE ENGINEER PWD NATIONAL HIGHWAY DIVISION-II MOKOKCHUNG P. O.
MOKOKCHUNG NAGALAND 5:THE EXECUTIVE ENGINEER PWD (R AND B)FEEDER ROADS DIVISION TULI NAGALAND MOKOKCHUNG NAGALAND-798618 6:THE DEPUTY COMMISSIONER MOKOKCHUNG NAGALAND 7:THE ADDITIONAL DEPUTY COMMISSIONER TULI NAGALAND 8:THE SUB DIVISIONAL OFFICER O/O THE DEPUTY COMMISIONER MOKOKCHUNG NAGALAND ------------ Advocate for : K. TSUKRU Advocate for : CGSC appearing for THE UNION OF INDIA AND 7 ORS BEFORE HON'BLE MR. JUSTICE BUDI HABUNG ORDER 12. 02. 2024 Heard Ms. K. Tsukru, learned counsel for the applicant/petitioner, Mr. Z. N. Ngullie, learned CGC representing respondent No. 1 and Ms. Sepong Chang, learned Government Advocate representing respondent Nos. 2 to 8. Learned counsel for the applicant submits that the State had proposed to construct/widen the NH-02 from 168. 000 Km to 183. 78 Km (Yisemyong to Unger) under EPC mode in the State of Nagaland.
In the said proposed construction/widening of NH-02 road, the petitioner has land and houses located at NH-02 at 217 Km measuring 4 hectare, however, during widening of the National Highway the land and house of Page No. # 4/4 the petitioner were not acquired though the land of the petitioner is only about 2 feet from the proposed construction/widening of NH-02. Being aggrieved by the non-acquisition of the petitioner’s land and building and also for violation of guidelines under National Highways Act, 1956; the Land Acquisition Act, 1984 and also the Right to Fair Compensation and Transparency Act, 2013 the petitioner has filed the connected writ petition. However, in the meantime the petitioner came to know from the information furnished to him that M/S KKB Projects Pvt. Ltd. is the executing company of the construction of NH-02, and as such, the said Company is a necessary party and is required to be impleaded as respondent No. 9, and pray accordingly.
The learned CGC representing the respondent No. 1, Mr. Z. N. Ngullie, and Ms. Sepong Chang, learned Government Advocate for respondent Nos. 2 to 8 has no objection to the impleadment of respondent No. 9. Accordingly, the prayer is allowed. “M/S KKB Projects Pvt. Ltd. , A 408-09, City Centre, Nr. Resham Bhavan, Lal Darwaja, Surat,” is impleaded as respondent No. 9 to the writ petition, WP(C)/236/2023. The petitioner shall file recast petition impleading the respondent No. 9 within two (2) days. In view of the above, this I. A. is allowed and stands disposed of. Sd/- JUDGE Comparing Assistant
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