WP(C) 111/2009 BEFORE THE HON’BLE MR JUSTICE B.P.KATAKEY Heard Mr HRA Choudhury, learned senior counsel for the petitioner; Mr H. Rahman, learned Asstt.SGI appearing on behalf of respondent Nos.1 and 4; Mr J. Handique, learned state counsel appearing on behalf of respondent Nos.5,6 & 7; a nd Mr J. Patowari, learned standing counsel for PWD appearing on behalf of respo ndent Nos.2 & 3. As agreed to by the learned counsel for the parties, the case is taken u p for disposal at the motion stage itself. Petitioner by the present writ petition has challenged the notice dated 7.1.2009(Annexure-5 to the writ petition) issued by respondent No.6 namely Addl. Deputy Commissioner & CA, NHAI, Kamrup Metropolitan District, Guwahati, on the ground that the petitioner being a school it requires three months time to vacat e the premises in question. Keeping in view the contention of the petitioner in the writ petition, t his Court vide orders dated 16.1.2009 and 19.1.2009 requested the learned Asstt. SGI to obtain necessary instruction and also for appearance of a responsible off icer of NHAI to ascertain as to whether some time can be given to the petitioner school to vacate the premises. Mr Rahman, ASGI as well as Sri G.C.Mathani, Manager(Technical), NHAI, wh o is personally present in court, have submitted that the project has been delay ed because of not vacating the land acquired for that purpose by the petitioner. However, according to the petitioner, though there are other buildings standing over the acquired land, no action for demolition of such buildings has been ta ken and the petitioner has been singled out for such demolition. It is an admitted position of fact that the land over which the petition er school is situated has been acquired for a public purpose namely for construc tion of 4 lane national highway. Petitioner has not challenged the acquisition p rocess. The only prayer of the petitioner is to grant them some time to vacate t he premises. The above named officer present before this court has stated that the pr oject has been delayed because of non-demolition of the building belonging to th e petitioner. It has also been submitted by the respondents that since the acqui sition proceeding has not been challenged and the petitioner has accepted such a n order of acquisition, the petitioner is bound to vacate the premises and canno t resist the notice of demolition dated 7.1.2009 (Annexure-5 to the writ petitio n) without there being any challenge to the acquisition proceeding. Be that as it may, keeping in view the fact that the petitioner is a sch ool, I grant the petitioner time up-to 8th of February, 2009 to vacate the premi ses, as a special case, so as to enable them to make alternative arrangement. The writ petition accordingly stands disposed of. The action for demolit ion of the building shall be taken by the respondent authorities after 8.2.2009. No costs.