Gauhati High Court
Page No.# 1/15 vs The Union Of India And 6 Ors on 6 January, 2022
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/15
GAHC010143792021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4637/2021
SHAHADAT ALI AND 6 ORS.
S/O RAYHAN ALI, R/O VILL-BHATIPARA, P.O. AND P.S.-JOGIGHOPA, DIST-
BONGAIGAON (ASSAM)
2: BILLAL HUSSAIN
S/O LATE AYNAL HOQUE
R/O VILL-BHATIPARA
P.O. AND P.S.-JOGIGHOPA
DIST-BONGAIGAON (ASSAM)
3: RAHELA KHATUN
D/O ARAB ALI
R/O VILL-BHATIPARA
P.O. AND P.S.-JOGIGHOPA
DIST-BONGAIGAON (ASSAM)
4: SAYANA KHATUN
D/O LATE JAMAL UDDIN
R/O VILL-BHATIPARA
P.O. AND P.S.-JOGIGHOPA
DIST-BONGAIGAON (ASSAM)
5: MAJEDA BEGUM
W/O MOHAMMED ALI
R/O VILL-BHATIPARA
P.O. AND P.S.-JOGIGHOPA
DIST-BONGAIGAON (ASSAM)
6: MAINUDDIN
S/O GOLAM SAROWAR
R/O VILL-BHATIPARA
P.O. AND P.S.-JOGIGHOPA
DIST-BONGAIGAON (ASSAM)
Page No.# 2/15
7: MOKADES ALI
S/O GOLAM SAROWAR
R/O VILL-BHATIPARA
P.O. AND P.S.-JOGIGHOPA
DIST-BONGAIGAON (ASSAM
VERSUS
THE UNION OF INDIA AND 6 ORS.
REPRESENTED BY THE SECRETARY, INLAND WATERWAYS AUTHORITY
OF INDIA, A-13, SECTOR-1, NOIDA, UP-201301
2:THE DIRECTOR
INLAND WATERWAYS AUTHORITY OF INDIA
PANDU PORT COMPLEX
PANDU
GUWAHATI-781012
3:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM
REVENUE AND DISASTER MANAGEMENT DEPARTMENT
DISPUR
GUWAHATI-6
4:THE DIRECTOR
LAND RECORDS AND SURVEY ETC
RUPNAGAR
GUWAHATI-32
5:THE DEPUTY COMMISSIONER
BONGAIGAON
PIN-783380
6:THE SUB-DIVISIONAL OFFICER (C)
NORTH SALMARA
ABHAYAPURI
P.O.-ABHAYAPURI
DIST-BONGAIGAON (ASSAM)
PIN-783384
7:THE CIRLCE OFFICER
BOITAMARI REVENUE CIRCLE
P.O.-BOITAMARI
DIST-BONGAIGAON (ASSAM)
PIN-78338
Advocate for the Petitioner : MS. R CHOUDHURY
Page No.# 3/15
Advocate for the Respondent : SC, I W A OF INDIA
Linked Case : WP(C)/6230/2017
ZUBBAR ALI AND 67 ORS
S/O IBRAHIM ALI
2: RAJU PASWAN
S/O LATE RUDAL PASWAN
3: AJGAR ALI
S/O JACHIMUDDIN
4: LATIFA BEGUM
W/O ALI MOHAMMAD
5: HAIDAR ALI
S/O AJGAR ALI
6: DARBESH ALI
S/O JAHER ALI
7: OHIJUL HOQUE
S/O AHAMMADAS ALI
8: CHULTAN HOQUE
S/O JADU MOLLAH
9: AKLIMA KHATUN
W/O ALAM SADHU
10: ACHIR UDDIN
S/O MOFIZ UDDIN
11: GOLAM HUSSAIN
S/O NOUSAD ALI
12: JABANAB BHANU
W/O JAMAL UDDIN
13: ALI AKABBAR
S/O CHUBAHAN
Page No.# 4/15
14: NAJIMA BEBUM
W/O ABDUL RAFIK
15: RABIYA BEGUM
W/O DELWAR ALI
16: KASHEM ALI
HASHEM MONDAL
17: REJINA BEWA
D/O RAHMAT ALI
18: PINJIRA KHATUN
W/O IBRAHIM ALI
19: HEJARAT ALI
S/O IBRAHIM ALI
20: MAGARAB MANDAL
S/O RAMAJAN MANDAL
21: ATOWAR HUSSAIN
S/O AFSAR ALI
22: AHAB ALI
S/O IBRAHIM ALI
23: ARAB ALI
S/O ASIM UDDIN
24: ANAJUMA BEGUM
W/O CHUBAHAN ALI
25: ROBIUL ISLAM
S/O MANIK ALI
26: HANIF ALI
S/O MAHIR UDDIN
27: MAHIR UDDIN
S/O RAJAB ALI
28: ABDUL MAJID
S/O LATE AJGAR ALI
29: KADBHANU
W/O LATE KUDDIS ALI
Page No.# 5/15
30: MOHAMMAD ALI
S/O LATE KACHIM UDDIN
31: REHAN ALI
S/O MAJID MANDAL
32: BAKKAR ALI
S/O TAMEJ UDDIN
33: ISMAIL HUSSAIN
S/O LATE KARIMUDDIN MUNCHI
34: CHAHIB UDDIN
S/O MANURUDDIN
35: ASHRAB ALI
S/O LATE BADUL SHEIKH
36: MOLIKA BIBI
W/O LATE SAMAN SHEIKH
37: MANOWARA BEGUM
W/O JAMIR UDDIN
38: MATIJAR RAHMAN
S/O JAMIR UDDIN
39: RAHELA BEWA
W/O JAYNAL ABEDIN
40: AFSAR ALI
S/O KEROT ALI
41: JABED ALI
S/O LATE MAJEN UDDIN
42: MANJU DEVI
W/O SOTOBA MUKHIA
43: KUL BHANU
W/O LATE BASKET ALI
44: MEHERUN NESSA
W/O RAHMAT ALI
45: REKHA BEGUM
W/O CHOBAHAN ALI
Page No.# 6/15
46: ACHMA KHATUN
W/O MAFIJ UDDIN
47: CHURAT JAMAL
S/O RAHMAT ALI
48: IBRAHIM ALI
S/O LATE TAFIJ UDDIN
49: HALIMA BEGUM
W/O LATE IMAN ALI
50: CHAN ALI
S/O AMIR UDDIN
51: ABDUR RAHMAN
S/O AFSAR ALI
52: JAHIDUL ISLAM
S/O FEDDUS
53: SANOWAR HUSSAIN
S/O AJIBAR RAHMAN
54: AFCHAR ALI
S/O JACHIM UDDIN
55: NUR JAHAN
W/O AMDAD KHAN
56: AMIR ALI
S/O ABDUL JALIL
57: CHABIYA KHATUN
W/O AJMAT KHAN
58: ANOWAR HUSSAIN
S/O HABIBAR RAHMAN
59: AKABBAR ALI
S/O LATE SIKANDER SHEIKH
60: MANIK ALI
S/O LATE SAFAR UDDIN
61: RAFIKUL ISLAM
S/O AHAMMAD ALI
Page No.# 7/15
62: ABDUL KADER
S/O ALIMUDDIN
63: MAYNUL HAQUE
S/O KADAM ALI
64: MAHILA KHATUN
W/O LATE BASKET ALI
65: AJIRAN NESSA
W/O LATE ABDUL JALIL
66: RAHIM ALI
S/O LATE ABDUL SHEIKH
67: SHAHAR BHANU
W/O SAMSER ALI
68: SUBORUDDIN AHMED
S/O USMAN GONI ALL ARE RESIDENTS OF VILLAGE BHATIPARA
PO and PS JOGIGHOPA
DIST. BONGAIGAON ASSAM
PIN-783382
VERSUS
THE STATE OF ASSAM AND 9 ORS
REP. BY THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM
REVENUE SETTLEMENT DEPTT.
DISPUR
GUWAHATI-6
2:THE DIRECTOR
LAND RECORDS AND SURVEYS ETC.
RUPNAGAR
GUWAHATI-32
3:THE DEPUTY COMMISSIONER
LAND SETTLEMENT BRANCH BONGAIGAON
PO and DIST. BONGAIGAON ASSAM
PIN-783380
4:THE SUB-DIVISIONAL OFFICER C
NORTH SALMARA
ABHAYAPURI
PO- ABHAYAPURI
DIST. BONGAIGAON ASSAM
PIN-783384
5:THE CIRCLE OFFICER
BOITAMARI REVENUE CIRCLE
PO-BOITAMARI
Page No.# 8/15
DIST. BONGAIGAON ASSAM
PIN-783384
6:THE UNION OF INDIA
REPRESENTED BY MINISTRY OF SHIPPING.
7:THE SECRETARY
INLAND WATER AUTHORITY OF INDIA
A-13
SECTOR -1
NOIDA
U.P. - 201301.
8:THE DIRECTOR
INLAND WATER AUTHORITY OF INDIA
PANDU PORT COMPLEX
PANDU
GUWAHATI-781012.
9:NATIONAL HIGHWAYS AND iNFRASTRUCTURE DEVELOPMENT
CORPORATION LTD.
REPRESENTED BY ITS mANAGING dIRECTOR AT 3RD fLOOR
PTI BUILDING
4
PARLIAMENT STREET
NEW DELHI-110001.
10:DEPUTY GENERAL MANAGER (INFRA)
NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT
CORPORATION LTD.
SITE OFFICE- JOJIGHOPA
HOUSE NO. 279
ISLAMPUR
P.S. JOGIGHOPA
DIST. BONGAIGAON
ASSAM- 783382.
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Advocate for : MR. A H M R CHOUDHURY Advocate for : MR. S C KEYAL ASSTT.SGI. appearing for THE STATE OF ASSAM AND 9 ORS Linked Case : WP(C)/6299/2017 MUN DAS and 39 ORS.
S/O- LATE GIRISH CHANDRA DAS VILL- ISLAMPARA P.O- JOGIGHOPA DIST- BONGAIGAON ASSAM Page No.# 9/15 VERSUS THE UNION OF INDIA and 16 ORS.
REP. BY THE MIN OF REVENUE DEPARTMENT NEW DELHI-1 2:THE SECRETARY TO THE GOVT. OF INDIA RAILWAY DEPARTMENT NEW DELHI-1.
3:THE GENERAL MANAGER N F RAILWAY MALIGAON GUWAHATI ASSAM.
4:THE SECRETARY TO THE GOVT. OF INDIA FINANCE DEPARTMENT NEW DELHI-1.
5:THE SECRETARY TO THE GOVT. OF INDIA C.W.T. DEPARTMENT NEW DELHI-1.
6:THE STATE OF ASSAM REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI-6.
7:THE COMMISSIONER AND SECRETARY FINANCE DEPARTMENT GOVT. OF ASSAM DISPUR GUWAHATI-6.
8:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM I.W.T. DEPARTMENT DISPUR GUWAHATI-6.
9:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM P.W.D. DEPARTMENT DISPUR GUWAHATI-6.
10:THE DEPUTY COMMISSIONER GOALPARA ASSAM.
11:THE DEPUTY COMMISSIONER BONGAIGAON ASSAM.
12:THE S.D.O. (C) N/S ABHAYAPURI DIST. BONGAIGAON ASSAM.
13:THE CIRCLE OFFICER Page No.# 10/15 BOITHAMARI REVENUE CIRCLE BOITHAMARI.
14:THE SECRETARY INLAND WATERWAYS AUTHORITY OF INDIA A-13 SECTOR-1 NOIDA UP-201301 15:THE DIRECTOR INLAND WATERWAYS AUTHORITY OF INDIA PANDU PORT COMPLEX PANDU GUWAHATI-781012.
16:NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD.
REPRESENTED BY ITS MANAGING DIRECTOR AT 3RD FLOOR PTI BUILDING 4 PARLIAMENT STREET NEW DELHI-110001.
17:DEPUTY GENERAL MANAGER (INFRA) NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD SITE OFFICE- JOGIGHOPA HOUSE NO. 279 ISLAMPUR P.S. JOGIGHOPA DIST. BONGAIGAON ASSAM-783382.
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Advocate for : MR.A WAHAB Advocate for : SC NF RLYRES 2 and3 appearing for THE UNION OF INDIA and 16 ORS.
BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK 06-01-2022 Heard Mr. A. Wahab, learned counsel for the petitioners in WP(C) No. 6299/2017 and Ms. R. Choudhury, learned counsel for the petitioners in WP(C) No. 6230/2017 as well as WP(C) No. 4637/2021. Also heard Mr. K. Gogoi, learned Central Government Counsel for the respondent No. 1 & 4; Mr. G. Goswami, learned Standing counsel, Railways for the respondent Nos. 2 & 3; Mr. S. C. Keyal, Page No.# 11/15 learned Standing counsel, Inland Water Transport Department for the respondent Nos. 5, 14 & 15; Mr. K. Goswami, learned Additional Senior Government Advocate, Assam for the respondent Nos. 6, 10, 11, 12 & 13; Mr. R. Barpujari, learned Standing counsel, Finance Department for the respondent No.7; Ms. M. D. Bora, learned Standing counsel, Transport Department for the respondent No. 8; Mr. B. Choudhury, learned Standing counsel, PWD for the respondent No. 9 and Mr. C. Baruah, learned Standing counsel, National Highways and Infrastructure Development Corporation Limited (NHIDCL) for the respondent Nos. 16 & 17.
1. The petitioners in WP(C) No. 6299/2017 claimed for the payment of Rs. 8,12,342/- with interest @ 6% per annum in terms of the common judgment and award dated 11.03.1983 passed by the learned District Judge, Goalpara at Dhubri in Misc. Arbitration Case No. 4/1978 and the other connected 47 cases, whereby the learned District Judge, Goalpara, Dhubri as an arbitrator disposed of as many as 48 claims under Section 8(i)(b) of the Requisitioning and Acquisition of Immovable Property Act, 1952 read with the amended provisions of said 1952 Act, amended in 1968, determining the adequate amount of compensation payable to all such claimants in respect of their immovable properties acquired in Land Acquisition Case No. 26/1965-1966, pertaining to land measuring 204 Bighas 17 Kathas 2 Lechas in terms of the Notification No. RLA.206/68/Pt.III/92 dated 14.09.1977 issued by the State Government in the Revenue and Disaster Management Department.
2. It is to be noted herein that way back on 30 th March, 1966, the Sub-Divisional Officer (C) and Collector of erstwhile district of Goalpara being empowered, acquired land measuring 154 Bighas 4 Kathas 8 Lechas of patta land at Villages Jogighopa and Bhatipara of Boitamari Revenue Circle under various dags and patta Nos. (Khas) for constructions of Inland Port at Jogighopa under the provisions of the Defence of India Act, 1962 during its force and the said land was handed over to the Executive Engineer, Jogighopa Port Construction of Division, Abhayapuri on 09.04.1966.
3. As the compensation for acquisition of said 154 Bighas 4 Kathas 8 Lechas of land for the said public purpose, noted above, that was determined by the concerned Collector of said Goalpara district was considered to be inadequate, the aggrieved pattadars of said acquired land preferred application for determination of adequate acquisition compensation of their acquired land, which was accordingly decided by the learned District Judge, Goalpara at Dhubri on 11.03.1983 in said Misc. Arbitration Case No. 4/1997 and the other connected cases, noted above.
4. It is worthwhile to mention herein that on 29.09.1989 Bongaigaon District was created by the State Government and Jogighopa, located in the Northern Bank of river Brahmaputra came under the jurisdiction of Bongaigaon District.
Page No.# 12/15
5. The Circle Officer, Boitamari Revenue Circle, Boitamari in its communication No. BMC- 21/2010/21 dated 07.06.2011, informed the Deputy Commissioner, Bongaigaon that though 154 Bighas 4 kathas 8 Lechas of land at Jogighopa and Bhatipara was acquired under LA Case No. 26/1965-66 for construction of Inland Port and the said land was handed over to the concerned Port construction Division, Abhayapuri after paying the compensation amount determined by the Collector, Goalpara but due to non-receipt of decreetal amount passed in the award dated 11.03.1983 by the learned District Judge, Goalpara, Dhubri in said Misc. (L/A) Case No. 36/1971 and other connected 47 cases, the affected pattadars did not affected the said acquired land and hardly 10 Bighas of land was found to be under the possession of Inland Water Transport Department at Jogighopa.
6. Subsequently, land measuring 790 Bighas 1 Katha 15.86 Lechas including 703 Bighas 1 Katha 0.86 Lechas of patta land and 87 Bighas and 15 Lechas of government land at villages Kareya Pahar, Kareya Part-I, Kareya Part-II, Jogighopa, Bhatipara and Chatpara were taken over by the district administration of Bongaigaon district for the Multi Model Logistic Park Project at Jogighopa (Assam) under Bharatmala Pariyojana. For the said purpose, the Government of India in the Ministry of Road Transport and Highways, represented by the National Highways Infrastructure Development Corporation Limited (NHIDCL) and the Government of Assam in the Industries and Commerce Department represented by the Ashok Paper Mill (Assam) Limited have already entered into a Memorandum of Understanding (MOU) on 20.10.2022 at Jogighopa, envisaging to act as World Class Logistic Aggregation/Disaggregation Point for various forms of cargo across all modes within a single facility like freight handling facility with access to multi model transport, comprising of multi model container terminals (bulk, break bulk), warehouses, cold storage, facilities for mechanize material handling, value-added services such as customs clearance with bonded storage, yards, quarantine zones, testing facilities and warehousing management services etc.
7. The said Project (MMLP) at Jogighopa has been planned over land measuring approximately, 200 Acres owned by the Ashok Paper Mill, a State Government Company (Government Land), out of which approximately, 190 Acres proposed to be used for the Cold Logistics Park activity, while 10 Acres has been proposed to be used for providing the connectivity road.
8. The petitioners of WP(C) No. 6230/2017 have encroached government land at Village Bhatipara under Boitamari Revenue Circle, Boitamari and are in occupation of the same. It is contended by them that they are landless persons, occupying the said land after the year 1992, constructing dwelling houses on it, having electricity connections, ration cards etc. and paying land revenue for the said land. Petitioners of said WP(C) No. 6230/2017 have prayed for a direction to the respondents not to Page No.# 13/15 evict them from their present occupation of government land and to rehabilitate them by the State Governments either in the same land or elsewhere being the land eroded people as per the land policy of the State Government 1989 as well as under the provisions of the Assam Land Revenue Regulations, 1886.
9. However, in the affidavit filed by the Deputy Commissioner, Bongaigaon in WP(C) No. 6230/2017, it is clearly revealed that the petitioners have encroached the land that was acquired way back in March, 1966 for construction of Inland Port at Jogighopa and Bhatipara. From the annexures appended by the petitioners of WP(C) No. 6230/2017, it is seen that the petitioners are paying- bedakholi jarimona i.e., encroachment fine for encroaching and occupying of government land and such payment was made upto September, 2002.
10. In WP(C) No. 4637/2021, the petitioners are claiming that they are landless people and are in occupation of Government Khas land constructing dwelling houses over it at village Bhatipara under Boitamari Revenue Circle, district Bongaigaon and during February/March, 2020, they could come to know that the said government land which they are in occupation have been allotted to the Inland Waterways Authority of India for construction of Port at Jogighopa and now that they will be vacated from the said land. As such, they have preferred this writ petition praying amongst others not to evict them from the said Government land situated in the Bank River Brahmaputra under Boitamari Revenue Circle, district Bongaigaon till they are settled or rehabilitated elsewhere being land eroded persons or to settle the aforesaid land with them being landless indigenous as per 1989 Land Policies of the State and/or under the provisions of the Assam Land and Revenue Regulations, 1886 with the further prayer that till they are rehabilitated and/or settled, they should not be evicted from the said government land.
11. Notice in WP(C) No. 4637/2021 has not yet been issued.
12. Apparently, the petitioners of WP(C) Nos. 6230/2017 and 4637/2021 have encroached government land and are occupying the same by constructing the dwelling houses over it and some part of the said Government land was already acquired in the year 1966 under the Defence of India Act, 1962 as noted above.
13. It is submitted by Mr. Keyal, learned Standing counsel, Inland Waterways Authority of India that the writ petitioners of WP(C) No. 4367/2021 are not in possession of government land involved in the case as alleged by them.
14. After considering the entire aspect of the matter, the Deputy Commissioner, Goalpara, Page No.# 14/15 respondent No. 10 as well as the Deputy Commissioner, Bongaigaon, respondent No. 11 are directed to place the records in original pertaining to said Land Acquisition Case No. 26/1965-1966, wherein the land measuring 154 Bighas 4 Kathas 8 Lechas were acquired by the then Sub-Divisional Officer- cum-Collector, Goalpara for construction of Inland Port at Jogighopa .
15. The Deputy Commissioner, Bongaigaon shall apprise the Court as to whether land that was already acquired for construction of Inland Port at Jogighopa in March 1966 has been included for the said MMLP Project at Jogighopa or not and about the total land of said Ashok Paper Mill (Assam), Jogighopa that has been proposed to be acquired for the said MMLP Project at Jogighopa.
16. Further, the Deputy Commissioner, Bongaigaon shall also apprise the Court that if 200 Acres of land of said Ashok Paper (Assam) Mill at Jogighopa is Government land, that are required for said MMLP Project at Jogighopa, the need for acquisition of 703 Bighas 1 Katha 0.86 Lecha of Patta land for the said project.
17. The Commissioner & Secretary to the Government of Assam in the Revenue and Disaster Management Department be impleaded as party respondent No. 18 for proper adjudication of this case.
18. Mr. B. J. Talukdar, learned Standing counsel, Revenue and Disaster Management Department has entered appearance in the matter.
19. On the next date fixed, the newly impleaded respondent No. 18, Revenue Department of the State shall place the records in original pertaining to order No. RLA. 206/68/Pt. III/92 dated 14.09.1977 wherein the said Department passed an order on 14.09.1977 whereby the District Judge, Goalpara Dhubri was appointed as an Arbitrator under Section 18(1)(b) of the Requisitioning and Acquisition of Immovable Property Act, 1952 read with the amended provisions of said 1952 Act, amended in 1968 with regard to LA Case No. 26/1965-66.
20. Issue notice in WP(C) No. 4367/2021, returnable by 15.02.2022.
21. As Mr. S.C. Keyal, learned Standing counsel, IWA; Mr. B. J. Talukdar, learned Standing counsel, Revenue and Disaster Management Department as well as Mr. K. Goswami, learned Additional Senior Government Advocate, Assam have accepted the notices on behalf of the respondent Nos. 1 & 2; 3 & 4 and 5 to 7 respectively, no formal notice need to be issued to those respondents.
22. Petitioners shall serve requisite extra copies of this writ petition including the annexures appended thereto to Mr. Keyal, learned Standing counsel, IWA; Mr. Talukdar, learned Standing counsel, Page No.# 15/15 Revenue and Disaster Management Department as well as Mr. Goswami, learned Additional Senior Government Advocate, Assam by tomorrow, i.e., 07.01.2022, obtaining necessary acknowledgment from them in that regard.
23. Till the returnable date i.e., 15.02.2022, the interim order passed earlier in WP(C) No. 6230/2017 shall remain in force.
24. With regard to the land involve in WP(C) No. 4367/2021, the parties to the said proceeding shall maintain status quo as on today till the returnable date, i.e., 15.02.2022.
25. Copies of this order furnished to Mr. B. J. Talukdar, learned Standing counsel, Revenue and Disaster Management Department as well as Mr. K. Goswami, learned Additional Senior Government Advocate, Assam for their necessary use.
JUDGE Comparing Assistant