GOPANJOY NAIDING Vs. STATE OF ASSAM

JUDGEMENT

(1.) Thirteen numbers of petitioners have joined together in filing this petition under Article 226 of the Constitution of India with the following reliefs:

(2.) As per the facts projected, construction of the National Highway-54 was taken up by the National Highway Authorities of India (hereinafter NHAI) in the NC Hills District of Assam, including the Harangajao area where the petitioners reside. It is contended that while earth cutting and dumping works were done in connection with the construction of the aforesaid National Highway, damage has been caused to the petitioners.It is the specific case of the petitioners that due to such earth cutting and dumping, plantations and gardens maintained by the petitioners have been damaged. It is also contended that the lands of the petitioners were, both in and outside the Right-of-Way (RoW) and in spite of the damage caused, no compensation has been paid. The petitioners claim to have submitted representations to the respondent authorities in spite of which, no action was taken to compensate the petitioners.The petitioners also allege that they are poor and illiterate persons and the authorities have taken advantage of the situation. Accordingly, the writ petition has been filed.

(3.) I have heard that Shri B Barua, learned counsel for the petitioners. I have also heard Shri C Baruah, learned Standing Counsel, NHAI as well as Shri RM Das, learned Standing Counsel, NCHAC.