Disclosure of all material facts when approaching the court, and the authority's obligation to carry out demarcation proceedings and take possession of excess land acquired under the National Highways Act, 1956.

JUDGMENT :

1. The instant writ petition has been filed by the Petitioners seeking a direction upon the Respondents not to demolish the boundary wall of the factory premises of the Petitioners and not to evict them from the part of their factory land without following due process of law.

2. The facts as could be discerned from a perusal of the writ petition are that the Petitioner No.3 along with one Shri Suraj Kumar Agarwal and Shri Lalit Kumar Agarwal had purchased a plot of land measuring 1 Bighas 2 Kathas covered by Dag No.14, 35 and 36 of K.P. Patta No.106 situated at Revenue Village Nakuchi under Mouza – Pub Borigog under Rangia Revenue Circle, Rangia in the district of Kamrup vide a registered Deed of Sale dated 07.09.2007. On the same date, vide another registered Deed of Sale, the Petitioner No.2 had purchased another plot of land measuring 1 Bigha covered by Dag No.14, 35, 36 of K. P. Patta No.106 situated at village Nakuchi, Rangia under Mouza – Pub Borigog under Rangia Revenue Circle, Rangia in the district of Kamrup, Assam. It is the case of the Petitioners herein that the Petitioner No.1 firm established a factory at the aforesaid plot of land leaving 25 feet from the National Highway. The said factory including the boundary as per the Petitioners was constructed in the year 2008 after getting the land demarcated from the Revenue Authorities.

3. It is the case of the Petitioners that on 13.09.2018, the Circle Officer, Rangia Revenue Circle along with his staff visited the factory premises of the Petitioner No.1 and directed his officials to demolish the boundary wall of the factory. Thereupon, one of the partners of the Petitioner firm visited the Office of the Circle Officer, Rangia and submitted a representation on 14.09.2018 requesting her not to demolish the boundary wall without notice and without following the due process of law. However, as the Respondent Authorities were threatening to carry out the demolition for widening the National Highway No.41 being managed by the National Highway Authorities, the Petitioners had approached this Court by filing the instant writ petition seeking for a direction upon the Respondents that the boundary wall of the factory premises of the Petitioners should not be demolished. It is however relevant to take note of that in the instant writ petition, apart from making the State Revenue Authorities parties to the instant proceedings, only the National Highway Authority was impleaded as Respondent No.5. However, the Highway Administration, an Authority constituted under the provisions of Section 3 of the Control of National Highways (Land and Traffic) Act, 2002 (for short “the Act of 2002”)was not impleaded as a party.

4. Pursuant to the filing of the instant writ petition, this Court vide an order dated 15.09.2018 directed the Respondent State Authorities to obtain instructions and in the meantime directed that the status quo as on that day be maintained in respect of the boundary wall in question.

5. The record further reveals that on 08.10.2018, notice was issued and the interim order was directed to be continued. The matter thereupon had been pending. The record further reveals that the Respondent No.5 had filed an affidavit-in-opposition on 21.09.2018 through the Project Director, National Highway Authority of India. From the said affidavit, it reveals that an acquisition proceedings was initiated under the National Highways Act, 1956 and various lands were acquired including land in K.P. Patta No.106, an area measuring 0.18 Hectares. From the said affidavit, it is further seen that on 01.03.2012, compensation was released in favour of the Petitioner No.3 in respect to land covered by Dag No.14 of K.P. Patta No.106 of an area of 0.072 Hectares and the said compensation of Rs.1,50,678/-was duly paid to the Petitioner No.3 as is apparent from the money receipt enclosed as Annexure-4 to the affidavit filed by the Respondent No.5.

6. When the matter was listed before this Co