MRIGEN BORTHAKUR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. R. Dubey, learned counsel for the appellants. Also heard Mr. T.C. Chutia, learned State counsel, Mrs. V.L. Singh, learned standing counsel, National Highway & Infrastructure Development Corporation Limited (NHIDCL) and Ms. N. Bordoloi, learned standing counsel, Revenue & Disaster Management Department.

(2.) Challenge in this writ appeal is to the judgment & order dated 02.08.2018 passed by the learned Single Judge in WP(C) No.4319/2014 dismissing the said writ petition. The writ petition was filed by 66 writ petitioners. The present appeal is preferred by 27 writ petitioners as appellants.

(3.) Subject matter in dispute, essentially, lies on the question as to whether the fourlane National Highway-37 should be constructed through Dergaon Town or whether the said Highway is to be constructed through a bypass, as was proposed in Dergaon Master Plan. The process for starting the construction of the National Highway was started sometimes in the year 2005-06 and till now the Highway has not seen the light of the day as construction of the bypass along the southern side of Dergaon Town could not be commenced and it remained a non-starter due to objections raised by cross-sections of the people. The bypass was to be constructed along the southern side of Dergaon Town from Km 426.810 and ending at Km 437.450. As per the Master Plan in force, if the bypass is constructed, for the length of 11.64 Kms, more than 600 Bighas of land are required to be acquired. On the other hand, if the National Highway is taken through Dergaon Town, then only 23.34 Bighas of patta land are required to be acquired.