Gauhati High Court
Page No.# 1/3 vs The State Of Assam And 4 Ors on 17 January, 2022
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/3
GAHC010194532021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6279/2021
MONU NATH AND 2 ORS
S/O. LT. SURESH NATH
VILL. BEDRONG
P.O. KUSHIRARKUL
DIST. KARIMGANJ
ASSAM
PIN-788009.
2: RANJU NATH
S/O. LT. ABANTI NATH
VILL. TALTALA
P.O. DEWADI
DIST. KARIMGANJ
ASSAM
PIN-788722.
3: NIREN NATH
S/O. ADHIR NATH
VILL. TIKARPARA
P.O. UMARPUR
DIST. KARIMGANJ
ASSAM
PIN-788806.
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP. BY THE ADDL. CHIEF SECRETARY TO THE GOVT. OF ASSAM
REVENUE (REFORMS) AND DISASTER MANAGEMENT DEPTT.
DISPUR
GUWAHATI-781006.
2:THE PRINCIPAL SECRETARY
Page No.# 2/3
TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DIPUR
GUWAHATI-781006.
3:THE DEPUTY SECRETARY
TO THE GOVT. OF ASSAM
REVENUE (BUDGET) DEPTT.
DISPUR
GUWAHATI-781006.
4:THE DEPUTY SECRETARY REVENUE (REFORMS) DEPTT.
DISPUR
GUWAHATI-781006.
5:THE COMPENSATION OFFICER
KARIMGANJ
P.O.
P.S. AND DIST. KARIMGANJ
ASSAM
PIN-788710.
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Advocate for : MR. I H SAIKIA Advocate for : SC REVENUE appearing for THE STATE OF ASSAM AND 4 ORS BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK 17-01-2022 Heard Mr. I. H. Saikia, learned counsel for the petitioners and Mr. B. J. Talukdar, learned Standing counsel, Revenue (Reforms) and Disaster Management Department of the State for the respondent Nos. 1, 3 & 4. Also heard Mr. A. Chaliha, learned Standing counsel, Finance Department for the respondent No. 2 and Mr. N. Goswami, learned Government Advocate, Assam for the respondent No. 5.
The petitioners earlier approached this Court in WP(C) No. 2892/2010 which was disposed of by order dated 25.07.2016 with the following observation and direction:-
"The petitioners' claim is that the land under their possession in respect of various Taluk numbers in Karimganj District had been acquired by the State respondents under the provisions of Assam State Page No.# 3/3 Acquisition of Zamindaries Act, 1951, but they have not been paid their compensation, either final or ad- interim, by the State respondents.
Ms. Kanungoe submits that this writ petition can be disposed of in terms of the order dated 19.09.2008, passed by this Court in WP(C) 4168/2008 as the fact situation is identical.
Learned counsel appearing for the respondents also submit that the writ petition can be disposed of in terms of the directions contained in the order dated 19.09.2008, passed in WP(C) 4168/2008.
Learned counsel for the parties submit that they do not have any instruction as to whether compensation, interim as well as final, have been paid to the petitioners in the meantime.
In view of the above, the writ petition is disposed of with the direction to the respondent No. 1, namely, Principal Secretary to the Government of Assam, Revenue (Reforms) Department, Dispur, to examine the claim of the petitioners and, upon examination, if it is found that the petitioners are entitled to compensation, the same shall be paid to the petitioners, if not paid in the meantime.
The entire exercise shall be undertaken and completed within a period of four months from the date of receipt of certified copy of this order by the respondent No. 1.
The petitioners may furnish a certified copy of this order together with a copy of the writ petition along with annexure thereto before the respondent No.1 for his doing the needful."
List this matter on 22.02.2022 enabling the Principal Secretary to the Government of Assam in the Revenue (Reform) and Disaster Management Department to apprise the Court about the status of payment of compensation payable to the petitioners pertaining to their land in Karimganj district that were acquired under the Provisions of Assam State Land Acquisition Zamindaries Act, 1951 and compliance of the order dated 25.07.2016 passed in said WP(C) No. 2892/2010.
Petitioners shall serve requisite extra copies of this writ petition including the annexures appended thereto to Mr. Talukdar, learned Standing counsel, Revenue and Disaster Management Department of the State; Mr. Chaliha, learned Standing counsel, Finance Department and Mr. Goswami, learned Government Advocate, Assam for the respondent Nos. 1, 3 & 4; 2 and 5 respectively, by tomorrow, i.e., 18.01.2022, obtaining necessary acknowledgment from them in that regard.
JUDGE Comparing Assistant