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2024 Supreme(Gau) 219

VIJAY BISHNOI, SUMAN SHYAM
On the Death of Hemanta Kumar Mandal his Sons and Legal Heirs Amar Chand Mandal – Appellant
Versus
Union of India, through Secretary, Ministry of Road Transport and Highways – Respondent


Advocates:
Advocate Appeared:
For the Appellants : M.U. Mahmud.
For the Respondents: D.K. Sarmah, C. Baruah, N. Bordoloi.

JUDGMENT :

SUMAN SHYAM, J.

1. This intra-court appeal has been preferred by the appellants, who were the writ petitioners, being aggrieved by the judgement and order dated 13/06/2023 passed by the learned Single Judge in WP (C) No. 2904/2015, dismissing the writ petition primarily on the ground of delay and laches on the part of the petitioners, in approaching the Court. By filing the above mentioned writ petition, the petitioners had assailed the order dated 10/03/2015, by means of which, their prayer for payment of compensation for the alleged acquisition of land for construction of 31 No. National Highway at Barpeta Road was rejected by the authorities.

2. The facts and circumstances of the case, in a nutshell, are that the predecessor-in-interest of appellant nos. 1 (I), (II) and (III) viz. late Hemanta Kumar Mandal along with the predecessor-in-interest of the appellant No. 2 (iv) (a) & (b) i.e. Late Dhirendra Das and 4 others, had jointly instituted WP (C) No. 2904/2015 inter alia, contending that land measuring 7 Bighas 4 Kathas 17 Lechas forming part and parcel of land measuring 11 Bighas 04 Kathas 02 Lechas, belonging to them had been acquired by the State for construction of

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