Gauhati High Court
Page No.# 1/7 vs The State Of Assam And 6 Ors on 27 January, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/7
GAHC010278402024
2025:GAU-AS:924
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/226/2025
SANTOSH KUMAR JAIN AND 2 ORS
S/O- LATE SHREECHAND JAIN,
R/O- 401 ABHINANDAN APARTMENT,
H.S. ROAD, CHATRIBARI, GUWAHATI- 781008,
DISTRICT- KAMRUP(M), ASSAM.
2: SARITA JAIN
W/O- SHRI SANTOSH JAIN
R/O- 401 ABHINANDAN APARTMENT
H.S. ROAD
CHATRIBARI
GUWAHATI- 781008
DISTRICT- KAMRUP(M)
ASSAM.
3: SHREYANS JAIN
S/O- SHRI SANTOSH JAIN
R/O- 401 ABHINANDAN APARTMENT
H.S. ROAD
CHATRIBARI
GUWAHATI- 781008
DISTRICT- KAMRUP(M)
ASSAM
VERSUS
THE STATE OF ASSAM AND 6 ORS
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE
Page No.# 2/7
GOVERNMENT OF ASSAM,
REVENUE AND DISASTER MANAGEMENT DEPARTMENT,
ASSAM SECRETARIAT, DISPUR, GUWAHATI- 781006.
2:THE PRINCIPAL SECRETARY
REVENUE AND DISASTER MANAGEMENT DEPARTMENT
GOVT. OF ASSAM
DISPUR
GUWAHATI- 781006.
3:THE DIRECTOR OF LAND RECORDS AND SURVEYS ETC.
ASSAM
RUPNAGAR
GUWAHATI- 32.
4:THE DIRECTOR OF LAND REQUISITION
ACQUISITION AND REFORMS
ASSAM
RUPNAGAR
GUWAHATI-32.
5:THE DISTRICT COMMISSIONER
KAMRUP
AMINGAON.
6:AGRICULTURAL DEVELOPMENT OFFICER
MIRZA AGRICULTURAL CIRCLE
KAMRUP
ASSAM.
7:THE CIRCLE OFFICER
PALASHBARI REVENUE CIRCLE
AMINGAON
KAMRUP(R)
Advocate for the Petitioner : MR. S P ROY, JYOTISH DAS
Advocate for the Respondent : SC, REVENUE AND DISASTER MANAGEMENT DEPT, GA,
ASSAM,SC, AGRI. DEPARTMENT
Page No.# 3/7
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 27-01-2025 Heard Mr. S.P. Roy, learned counsel for the petitioners; Ms. P.R. Mahanta, learned Standing Counsel, Revenue Department for the respondent nos. 1, 2, 3 & 4; Ms. S. Konwar, learned Junior Government Advocate, Assam for the respondent nos. 5 & 7; and Ms. R. Bora, learned Standing Counsel, Agriculture Department for the respondent no. 6.
2. The petitioners have stated that they have submitted an application for re-classification of their land measuring 43 Bighas 4 Kathas 7 Lessas [43B-04K-07L], situate at Chayani Mouza, Palashbari Revenue Circle, District - Kamrup [Rural] in terms of sub-section [1] of Section 5 of the Assam Agricultural Land [Regulation of Reclassification and Transfer for Non- Agricultural Purpose] Act, 2015 ['the Act, 2015' and/or 'the 2015 Act', for short] by complying with all the procedures including the procedure prescribed in sub-section [2] of Section 5 of the Act, 2015.
3. Mr. Roy has submitted that the respondent no. 6 and the respondent no. 7 have already submitted their reports in respect of the re-classification application submitted by the petitioners. He has submitted that the respondent no. 5 has to take a decision on the application as per the procedure prescribed in sub-section [4] of Section 5 of the Act, 2015 within a period of 30 [thirty] days from the receipt of the recommendation of the jurisdictional Circle Officer and by adhering to the other formalities, mentioned therein. But till date, no decision has been taken by the respondent no. 5 on the application and as a result, the application of the petitioners has been kept pending.
4. The petitioners have contended that they had submitted the application by complying with all the procedure prescribed in Section 5 of the Act, 2015.
5. On 22.01.2025, Ms. Konwar, learned Junior Government Advocate, Assam was asked Page No.# 4/7 to obtain instruction regarding the status of the application submitted by the petitioners for reclassification of their land measuring 43 Bighas 4 Kathas 7 Lesssas [43B-04K-07L], situate at Chayani Mouza, Palashbari Revenue Circle, District - Kamrup [Rural], ['the subject-land', for short] in terms of sub-section [1] of Section 5 of the 2015 Act.
6. Ms. Konwar has submitted today that the application of the petitioners is still under consideration.
7. Section 4 of the Act, 2015 has provided for the nature of land capable of reclassification and reclassification-cum-transfer. Section 5 of the Act, 2015 has laid down the procedure for land reclassification and reclassification-cum-transfer.
8. For ready reference, Section 5 of the 2015 Act is quoted with its entirety :-
5. [1] Any owner of agricultural land who intends to reclassify or reclassify-cum-
transfer agricultural land for non-agricultural purpose under clause [i] and [ii] of Section 3, shall make an application to the Deputy Commissioner under whose jurisdiction the agricultural land is situated giving full particulars of his land and justification of the proposed reclassification or reclassification-cum- transfer as under Section 4, in such form and manner as may be prescribed. [2] An application under sub-section [1] of this Section shall be accompanied by an affidavit duly sworn in by the owner of the land to the effect that the land proposed for reclassification or reclassification-cum-transfer shall be put to the permitted non-agricultural purpose within the stipulated period. [3] The Deputy Commissioner shall call for a report from the Circle Officer concerned immediately under whose jurisdiction the agricultural land or a part thereof is situated and after making such enquiries including field enquiries as may be necessary, the Circle Officer shall submit a report to the Deputy Commissioner with his recommendation within fifteen days from the date receipt of the order of the Deputy Commissioner calling for his report, in such form and manner as may be prescribed.
Page No.# 5/7 [4] The Deputy Commissioner shall accord an in-principle approval or deny approval altogether for allowing reclassification or reclassification-cum- transfer, as the case may be within 30 [thirty] days of the receipt of the recommendations of the Circle Officer and while doing so shall take the opinion of a District Level Committee headed by himself with officials drawn from relevant district line departments as may be prescribed and/or take such expert advice that may be deemed necessary for arriving at a decision:
Provided that in case the total area intended to be reclassified-cum- transferred is above 50 Bighas, the Deputy Commissioner shall accord his in- principle approval only with the prior permission of the Government in the Revenue Department in such manner as may be prescribed.
[5] Before issuing an in-principle approval under sub-section [4] of this Section, the Deputy Commissioner shall take the prior concurrence of the concerned Local Authority under whose jurisdiction the agricultural land falls with regard to the proposed non-agricultural activity with the prevailing rules or regulations or byelaws of the Local Authority.
[6] Once the in-principle approval for reclassification or reclassification-cum-
transfer is accorded, it shall be mandatory on the part of the owner to remit the prescribed Reclassification Premiums specified under Section 6 within 30 [thirty] days from the date of receipt of the approval:
Provided that the Deputy Commissioner, for valid reasons, may extend the time for the payment of the Reclassification Premium for another 30 [thirty] days and during the interim period if the minimum zonal value of land in the area where the said land is located is enhanced, then the owner shall pay the Reclassification Premium as assessed on such enhanced minimum zonal value of land.
[7] The owner shall furnish the receipt or challan of payment of the Reclassification Premium at the rate as specified under Section 6 to the Deputy Commissioner who on being satisfied, shall issue a No Objection Certificate [NOC] in turn, for reclassification or reclassification-cum-transfer, as the case may be, and the Circle Officer shall reclassify such agricultural land Page No.# 6/7 into appropriate non-agricultural class and make necessary entries in the land records and where the land is meant for reclassification-cum-transfer, the Registrar of Land Registration shall register the Deed of Transfer after the reclassification by the Circle Officer.
[8] No agricultural land shall be put to non-agricultural use without the payment of the prescribed Reclassification Premium by the owner. [9] No Agricultural Land shall be reclassified for non-agricultural purposes or reclassified-cum-transferred for non-agricultural purposes without the payment of the prescribed Reclassification Premium by the owner:
Provided that no Reclassification Premium as mentioned under sub- section [8] and [9] of this Section shall be charged and realized while an agricultural land not exceeding one Bigha is used or reclassified or reclassified-cum-transferred for construction of one's own dwelling house and when construction of the said structure is limited to two-storeys.
9. As per sub-section [4] of Section 5, the Deputy Commissioner has to accord in- principle approval or deny approval altogether for allowing reclassification or reclassification- cum-transfer, as the case may be, within a period of 30 [thirty] days of the receipt of the recommendation of the Circle Officer and while doing so shall take the opinion of the District Level Committee headed by himself with officials drawn from relevant district line departments as may be prescribed and / or take such expert advice may be deem necessary for arriving at a decision. The proviso to sub-section [4] of Section 5 has stipulated that in case the total area intended to be reclassified-cum-transferred is above 50 Bighas, the Deputy Commissioner shall accord his in-principle approval only with the prior permission of the Government in the Revenue Department in such manner as may be prescribed.
10. The subject-land is admittedly below 50 Bighas and as such, the Deputy Commissioner [presently District Commissioner] has the jurisdiction to accord in-principle approval or deny approval altogether for allowing reclassification, which is the request of the petitioners herein, within a period of 30 days from the receipt of the recommendation of the Circle Officer and the District Level Committee which is headed by jurisdictional District Commissioner himself.
Page No.# 7/7 In such fact situation, this Court is of the considered view that the jurisdictional Deputy Commissioner is required to take the decision on the application submitted by the petitioners, for reclassification of the subject-land, within the time prescribed for. In such view of the matter, instead of keeping this writ petition pending, this Court is of the view that this writ petition can be disposed of with a direction to the jurisdictional Deputy Commissioner [the respondent no. 5] to take the entire process to its logical conclusion within a period of thirty days from the date of receipt of a copy of this order from the petitioner. It is accordingly ordered. It is observed that while disposing of the application on the petitioners for reclassification, the jurisdictional Deputy Commissioner shall adhere to the procedure laid down in Act, 2015. It is also made clear that this Court has not made any observation as regards merits of the application for reclassification and the District Commissioner shall consider the application for reclassification on its own merits.
11. This order disposes of the writ petition.
JUDGE Comparing Assistant