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THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
SANJAY KUMAR MEDHI
Gopanjoy Naiding And Ors. S/o- Late Gobinon Naiding – Appellant
Versus
State Of Assam – Respondent
| Table of Content |
|---|
| 1. legal basis for compensation claims. (Para 2) |
| 2. arguments regarding compensable damages. (Para 4 , 5 , 6) |
| 3. court's consideration of claims and reports. (Para 7 , 8 , 10 , 11) |
| 4. order for investigation and compensation process. (Para 12) |
| 5. final disposal of writ petition. (Para 13 , 14) |
JUDGMENT & ORDER :
SANJAY KUMAR MEDHI, J.
Thirteen numbers of petitioners have joined together in filing this petition under Article 226 of the Constitution of India with the following reliefs:
“It is therefore prayed that your lordship would be pleased to admit this petition call for the records, issue rule calling upon the respondents to show cause as to whythe concern respondent authority shall not be directed to pay the Zeerat Compensations for causing damage to the plantation and garden of the petitioners stood over the petitioners private land for causing substantial loss and damage while construction of National Highway 54, to protect the legitimate right of the petitioners and their family who were poor and illiterate local tribes of Dima Hasao District and after such cause or causes that may be shows, perusing the records and heaving the parties, further be pleased to make th
Court directed an assessment and compensation for damages to local tribes' plantations due to highway construction, emphasizing timely relief and responsibility of authorities.
Rights of property must be compensated when construction causes damage beyond the right of way, violating Articles 14, 21, and 300A of the Constitution.
The right of a petitioner to receive legitimate compensation for land acquisition under the National Highway Act, 1956, and the obligation of the authorities to timely verify and pay the entitled amo....
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