Gauhati High Court
Page No.# 1/5 vs The Union Of India And 7 Ors on 5 January, 2024
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/5
GAHC010023322022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1055/2022
SMTI. ARATI BHAR AND 5 ORS
D/O LATE MATILAL BHAR
2: NARESH LAL BHAR
S/O LATE MATILAL BHAR
3: GANESH LAL BHAR
S/O LATE MATILAL BHAR
4: TILAK LAL BHAR
S/O LATE MATILAL BHAR
ALL ARE R/O VILL-KATIRAIL
P.O.-KATIRAIL
P.S.-KATIGORAH
DIST-CACHAR
ASSAM
PIN-788804
5: MALATI RANI BHAR
D/O LATE MATILAL BHAR
W/O MURALI BHAR
R/O VILL-ROOPACHERRA BASTI
P.S.-KATICHERRA
DIST-HAILAKANDI
ASSAM
PIN-788161
6: SANDHYA RANI BHAR
D/O LATE MATILAL BHAR
W/O MAHENDRA BHAR
R/O VILL- RATAKANDI T.E.
P.O.-RATAKANDI BASTI
P.S.-HAILAKANDI
DIST- HAILAKANDI
Page No.# 2/5
ASSAM
PIN-78815
VERSUS
THE UNION OF INDIA AND 7 ORS
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA,
MINISTRY OF HOME AFFAIRS, NEW DELHI
2:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
REVENUE AND DISASTER MANAGEMENT DEPARTMENT
DISPUR
GUWAHATI-06
3:THE DEPUTY COMMISSIONER-CUM-COLLECTOR
CACHAR
DIST- CACHAR
ASSAM
4:THE ADDITIONAL DEPUTY COMMISSIONER
CACHAR
DIST-CACHAR
ASSAM
5:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
PUBLIC WORKS (NH) DEPARTMENT
DISPUR
GUWAHATI-06
6:THE EXECUTIVE ENGINEER
PWD
NH DIVISION
SILCHAR
DIST- CACHAR
ASSAM
PIN-788001
7:THE OFFICER COMMANDING
112 RCC (GREF)
C/O 99 APO
PIN-930112
8:THE OFFICER COMMANDING
97 RCC (GREF)
Page No.# 3/5
C/O 99 APO
PIN-93011
Advocate for the Petitioner : MR. I H LASKAR
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
05.01.2024 Heard Mr. P.K. Deka, learned counsel for the petitioners; Ms. A. Gayan, learned Central Government Counsel [CGC] for the respondent nos. 1, 7 & 8; Ms. N. Bordoloi, learned Standing Counsel, Revenue & Disaster Management Department for the respondent no. 2; Mr. S. Baruah, learned Junior Government Advocate, Assam for the respondent nos. 3 & 4; and Mr. P. Nayak, learned Standing Counsel, Public Works Department [PWD] for the respondent nos. 5 & 6.
2. It is the specific case of the petitioners that their parcels of land, measuring 2 Bighas 14 Kathas 12 Lessas, covered by Dag no. 288/Ka and 293/Kha located at Village - Siddeswar Part-II, Paronga - Katigorah, District - Cachar, were requisitioned by the Deputy Commissioner, Cachar on 26.11.1964 vide Requisition Case no. 8/L of 1964-1965, on the ground that the said parcels of land were required for maintaining supplies and services of essential to the life to the community viz. for establishment of 'A' COY HQ of B.S.F. at Katigorah, Silchar Sub-Division, exercising powers under Section 3[I] of the Assam Land [Requisition and Acquisition] Act, 1964. After taking possession of the requisitioned land, the parcels of land were handed over to the respondent authorities in the Union of India. It further transpires that a land acquisition proceedings was initiated by the Deputy Commissioner, Cachar vide L.A. Case no. 6/2002-2003 for acquisition of the said parcels of land by issuance of a notification under Section 4 of the Land Acquisition Act, 1894 [since repealed]. In the schedule of the said notification, the petitioners' parcels of land were mentioned for acquisition. It was only on 21.06.2013, the declaration under Section 6 of the Land Acquisition Act, 1894 [since repealed] was found to have been issued.
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3. From the stand taken by the respondent authorities in the Union of India in their affidavit- in-opposition, it is revealed that the Deputy Commissioner, Cachar estimated the amount of compensation for acquisition of the entire parcels of land, sought to be acquired vide L.A. Case no. 6/2002-2003, at Rs. 6,36,665/-. It has also been stated by the respondent authorities in the Union of India that the said amount of Rs. 6,36,665/- was deposited with the Deputy Commissioner, Cahcar, Silchar on 08.04.2008. The petitioners have stated that they were neither made aware of any Award under the Land Acquisition Act, 1894 [since repealed] nor they had been paid any compensation against any land acquisition process initiated vide L.A. Case no. 6/2002-2003. From the stand taken by the respondent PWD, Assam in their affidavit-in- opposition, it is revealed that the parcels of land, purportedly belonging to the petitioners, were handed over, later on, by the Deputy Commissioner, Cachar, Silchar to the PWD, Assam for the purpose of construction of a road with the assistance of 112 RCC [GREF] on 16.12.2014.
4. In this writ petition, the petitioners, with the above facts, have contended that during the period within which the parcels of land were under requisition from 19.06.2004 onwards, the petitioners had received the last requisition rent only on 05.08.2005 and the memo disbursing requisition rent did not also disclose the period. Subsequent to 05.08.2005, the petitioners did not receive any requisition rent till date. From the above conspectus of facts, it appears prima facie that the parcels of land of the petitioners, mentioned above, have not been acquired by following any valid process of acquisition as the respondents, till date, have not brought anything on record as regards culmination of the land acquisition process initiated vide L.A. Case no. 6/2002-2003 under the Land Acquisition Act, 1894 [since repealed]. Since an amount of Rs. 6,36,665/- stated to have been deposited by the respondent authorities in the Union of India and the said amount has not been disbursed by the Deputy Commissioner, Cachar to the petitioners till date, it is not possible for this Court at this stage to arrive at any final opinion.
5. The three separate counter affidavits were filed on behalf of the respondent nos. 1, 7 & 8 and the respondent nos. 5 & 6. For the purpose of finding out the real state of affairs, a counter affidavit from the ends of the respondent nos. 2, 3 & 4 are extremely necessary considering the fact that the petitioners' parcels of land, which are admittedly periodic patta lands, found utilized by the respondent authorities in the Union of India and the State of Assam since the year 1964 continuously.
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6. Ms. Bordoloi, learned Standing Counsel, Revenue & Disaster Management Department and Mr. Baruah, learned Junior Government Advocate, Assam both have prayed for listing of the case after 4 [four] weeks to file the counter affidavits for the purpose of bringing the real state of affairs.
7. List the case on 05.02.2024, as sought for by Ms. Bordoloi and Mr. Baruah, as last opportunity to the State respondents to file their respective counter affidavits.
8. Mr. Deka, learned counsel for the petitioners shall furnish a copy of the writ petition each to Ms. Bordoloi and Mr. Baruah by Monday, for the purpose of taking necessary steps for filing of the counter affidavits from their ends.
JUDGE Comparing Assistant