Gauhati High Court
Page No.# 1/18 vs The State Of Assam And 8 Ors on 18 November, 2025
Page No.# 1/18
GAHC010254612024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6374/2024
SMTI. SUNITI DAS AND 19 ORS
W/O- LATE HARI BILASH DAS,
D/O- JEW RAM DAS,
VILL- MEDHIPARA, MIRZAPUR,
P.S- AZARA, DIST- KAMRUP (M), ASSAM.
PIN- 781017
2: GIREEN CHANDRA DAS
S/O- HARI BILASH DAS
VILL- MEDHIPARA
MIRZAPUR
P.S- AZARA
DIST- KAMRUP (M)
ASSAM.
PIN- 781017
3: DIPANKAR DAS
S/O- HARI BILASH DAS
VILL- MEDHIPARA
MIRZAPUR
P.S- AZARA
DIST- KAMRUP (M)
ASSAM.
PIN- 781017
4: SMTI. NILIMA DAS
W/O- DHARANI DHAR DAS
VILL- MEDHIPARA
MIRZAPUR
Page No.# 2/18
P.S- AZARA
DIST- KAMRUP (M)
ASSAM.
PIN- 781017
5: GUNAJIT DAS
S/O- LATE DHARANI DHAR DAS
VILL- MIRZAPUR
P.S- AZARA
DIST- KAMRUP (M)
ASSAM.
PIN- 781017
6: MD. KHALEQUR ZAMAN
S/O - LATE RAHMAN ALI.
R/O. SOUTH SARANIA
P.O. ULUBARI
PS- PALTAN BAZAR
DIST- KAMRUP (M)
ASSAM. PIN-781007
7: MS. ANOWARA BEGUM
W/O- LATE MD. CHUNU ALI
D/O- LATE MAFIZ UDDIN AHMED
8: MD. AMINUL ISLAM
S/O- LATE MD.CHUNU ALI
9: MD. AZHAR ALI
S/O- LATE MD.CHUNU ALI.
ALL ARE R/O- LOWER MIRZAPUR
P.O- AZARA
PS- AZARA
DIST- KAMRUP (M)
ASSAM
PIN- 781017
10: MS. PARVEEN SULTANA
D/O- LATE MD. CHUNU ALI
W/O- ZEESHAN IFTIKAR.
R/O-HOUSE NO.43
Page No.# 3/18
HEMGIRI PATH
P.O-ULUBARI
P.S- PALTAN BAZAR
DIST- KAMRUP (M)
ASSAM
PIN-781007
11: AIJAN BIBI
W/O- LATE CHAND MUHAMMAD ALI
12: MOHAMMED SARIFUL ALI
S/O- LATE CHAND MUHAMMAD ALI
13: MD. SADEK ALI
S/O- LATE CHAND MUHAMMAD ALI
14: MD. SABED ALI
S/O- LATE CHAND MUHAMMAD ALI.
ALL ARE R/O- LOWER MIRZAPUR
P.O- AZARA
PS- AZARA
DIST- KAMRUP (M)
ASSAM PIN- 781017
15: MD FIROJ ALI
S/O- LATE MIYAJAN ALI.
R/O- LOWER MIRZAPUR
P.O- AZARA
PS- AZARA
DIST- KAMRUP (M)
ASSAM PIN- 781017
16: SAMSUN NESSA
W/O LATE RAJAT ALI
17: RAJIUL ISLAM
S/O-LATE RAJAT ALI
18: ABDUL RAHMAN
S/O- LATE RAJAT ALI.
ALL ARE R/O- LOWER MIRZAPUR
PO- AZARA
PS- AZARA
DIST- KAMRUP (M)
ASSAM
PIN- 781017
19: MRS. RASHIDA BEGUM
Page No.# 4/18
D/O- LATE RAJAT ALI
VILL- MIRZAPUR
PO- AZARA
PS- AZARA
DIST- KAMRUP (M)
ASSAM
PIN- 781017.
PRESENT ADDRESS- W/O- OSMAN ALI
VILL- NO.1
UTTAR SAKHADARI
P.O- DAMALCHOSH
DIST- KAMRUP (RURAL) ASSAM
PIN- 781135
20: MAKIBUR RAHMAN
S/O- LATE MASHEB ALI
H/N- 1242
VILL- GARIGAON
NEAR OWRTOL MOSJID P.O- JALUKBARI
SATMILE ROAD
PS- JALUKBARI
DIST- KAMRUP (M)
ASSAM
PIN- 78101
VERSUS
THE STATE OF ASSAM AND 8 ORS
REPRESENTED BY THE CHIEF SECRETARY, TO THE GOVERNMENT OF
ASSAM, JANATA BHAWAN, DISPUR, GUWAHATI- 781006
2:THE COMMISSIONER AND SECRETARY
PWD (ROADS)
GOVERNMENT OF ASSAM
JANATA BHAWAN
DISPUR
GUWAHATI- 781006
3:THE CHIEF ENGINEER
DEPARTMENT OF PWD (ROADS)
GOVT. OF ASSAM
CHANDMARI
GUWAHATI- 781003
4:THE EXECUTIVE ENGINEER OF PWD (ROADS)
CENTRAL GUWAHATI TERRITORIAL ROADS DIVISION
FANCY BAZAR
Page No.# 5/18
GUWAHATI- 781001
5:THE COMMISSIONER AND SECRETARY
GOVERNMENT OF ASSAM
REVENUE AND DISASTER MANAGEMENT DEPARTMENT
JANATA BHAWAN
DISPUR
GUWAHATI- 781006
6:THE DIRECTOR OF LAND RECORDS
ASSAM
RUPNAGAR
GUWAHATI- 781032
7:THE DISTRICT COMMISSIONER CUM DISTRICT COLLECTOR
KAMRUP (METRO) DISTRICT
LICHUBAGAN
HENGRABARI
GUWAHATI
ASSAM- 781036
8:THE CIRCLE OFFICER
AZARA REVENUE CIRCLE
AZARA
KAMRUP (M)
GUWAHATI-781017
9:THE AIRPORTS AUTHORITY OF INDIA
REPRESENTED BY THE DIRECTOR
LOKPRIYA GOPINATH BORDOLOI INTERNATIONAL AIRPORT
BORJHAR
GUWAHATI-78101
Advocate for the Petitioner : MR. A K TALUKDAR, A BEGUM,MR. S I KHAN,MR S ISLAM
Advocate for the Respondent : GA, ASSAM, SC, PWD ROAD,SC, REVENUE AND DISASTER
MANAGEMENT DEPT,SC, A A I
Linked Case : Cont.Cas(C)/50/2025
GIREEN CHANDRA DAS AND 4 ORS.
S/O HARI BILASH DAS
VILL- MEDHIPARA
Page No.# 6/18
MIRZAPUR
P.S.-AZARA
DIST-KAMRUP (M)
ASSAM
PIN-781017
2: MD. KHALEQUR ZAMAN
S/O LATE RAHMAN ALI
R/O SOUTH SARANIA
P.O.-ULUBARI
P.S.-PALTAN BAZAR
DIST- KAMRUP (M)
ASSAM
PIN-781007
3: MD. AMINUL ISLAM
S/O LATE MD. CHUNU ALI
R/O LOWER MIRZAPUR
P.O.-AZARA
P.S.-AZARA
DIST- KAMRUP (M)
ASSAM
PIN-781017
4: RAJIUL ISLAM
S/O LATE RAJAT ALI
R/O LOWER MIRZAPUR
P.O.-AZARA
P.S.-AZARA
DIST- KAMRUP (M)
ASSAM
PIN-781017
5: GUNAJIT DAS
S/O LATE DHARANI DAHR DAS
R/O MIRZAPUR
P.O.-AZARA
P.S.-AZARA
DIST- KAMRUP (M)
ASSAM
PIN-781017
VERSUS
DR. RAVI KOTA
IAS AND 8 ORS
CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM
JANATA BHAWAN
DISPUR
Page No.# 7/18
GUWAHATI-781006
2:CHANDAN SHARMA
IAS
THE COMMISSIONER AND SECRETARY
PWD (ROADS)
GOVERNMENT OF ASSAM
JANATA BHAWAN
DISPUR
GUWAHATI-781006
3:SANJEEV SHYAM
THE CHIEF ENGINEER
DEPARTMENT OF PWD (ROADS)
GOVT. OF ASSAM
CHANDMARI
GUWAHATI-781003
4:PRANJAL BHATTACHARYA
THE EXECUTIVE ENGINEER OF PWD (ROADS)
CENTRAL GUWAHATI TERRITORIAL ROADS DIVISION
FANCY BAZAR
GUWAHATI-781001
5:CHANDAN SHARMA
IAS
THE COMMISSIONER AND SECRETARY
GOVERNMENT OF ASSAM
REVENUE AND DISASTER MANAGEMENT DEPARTMENT
JANATA BHAWAN
DISPUR
GUWAHATI-781006
6:DR. OM PRAKASH
IAS
THE DIRECTOR OF LAND RECORDS AND SURVEYS ETC
ASSAM
RUPNAGAR
GUWAHATI-781032
7:SUMIT SATTAWAN
IAS
THE DISTRICT COMMISSIONER CUM DISTRICT COLLECTOR
KAMRUP (M) DISTRICT
LICHUBAGAN
HENGRABARI
GUWAHATI
ASSAM-781036
Page No.# 8/18
8:APRATIM GOSWAMI
ACS
THE CIRCLE OFFICER
AZARA REVENUE CIRCLE
AZARA
KAMRUP (M)
GUWAHATI-781017
9:A M RAJA KISHORE
THE DIRECTOR
THE AIRPORTS AUTHORITY OF INDIA
LOKPRIYA GOPINATH BORDOLOI INTERNATIONAL AIRPORT
BORJHAR
GUWAHATI-781015
------------
Advocate for : MR. A K TALUKDAR
Advocate for : MR. D SAIKIA (R-6) appearing for DR. RAVI KOTA
IAS AND 8 ORS
Linked Case : I.A.(Civil)/3483/2025
SUNITI DAS
W/O- LATE HARI BILASH DAS
D/O- JEW RAM DAS
VILL- MEDHIPARA
MIRZAPUR
P.S- AZARA
DIST- KAMRUP M
ASSAM.PIN-781017.
2: GIREEN CHANDRA DAS
S/O- HARI BILASH DAS
VILL- MEDHIPARA
MIRZAPUR
P.S- AZARA
DIST- KAMRUP (M)
ASSAM.
PIN- 781017
3: DIPANKAR DAS
S/O- HARI BILASH DAS
VILL- MEDHIPARA
Page No.# 9/18
MIRZAPUR
P.S- AZARA
DIST- KAMRUP (M)
ASSAM.
PIN- 781017
4: SMTI. NILIMA DAS
W/O- DHARANI DHAR DAS
VILL- MEDHIPARA
MIRZAPUR
P.S- AZARA
DIST- KAMRUP (M)
ASSAM.
PIN- 781017
5: GUNAJIT DAS
S/O- LATE DHARANI DHAR DAS
VILL- MIRZAPUR
P.S- AZARA
DIST- KAMRUP (M)
ASSAM.
PIN- 781017
6: MD. KHALEQUR ZAMAN
S/O - LATE RAHMAN ALI.
R/O. SOUTH SARANIA
P.O. ULUBARI
PS- PALTAN BAZAR
DIST- KAMRUP (M)
ASSAM. PIN-781007
7: MS. ANOWARA BEGUM
W/O- LATE MD. CHUNU ALI
D/O- LATE MAFIZ UDDIN AHMED
8: MD. AMINUL ISLAM
S/O- LATE MD.CHUNU ALI
9: MD. AZHAR ALI
S/O- LATE MD.CHUNU ALI.
Page No.# 10/18
ALL ARE R/O- LOWER MIRZAPUR
P.O- AZARA
PS- AZARA
DIST- KAMRUP (M)
ASSAM
PIN- 781017
10: MS. PARVEEN SULTANA
D/O- LATE MD. CHUNU ALI
W/O- ZEESHAN IFTIKAR.
R/O-HOUSE NO.43
HEMGIRI PATH
P.O-ULUBARI
P.S- PALTAN BAZAR
DIST- KAMRUP (M)
ASSAM
PIN-781007
11: AIJAN BIBI
W/O- LATE CHAND MUHAMMAD ALI
12: MOHAMMED SARIFUL ALI
S/O- LATE CHAND MUHAMMAD ALI
13: MD. SADEK ALI
S/O- LATE CHAND MUHAMMAD ALI
14: MD. SABED ALI
S/O- LATE CHAND MUHAMMAD ALI.
ALL ARE R/O- LOWER MIRZAPUR
P.O- AZARA
PS- AZARA
DIST- KAMRUP (M)
ASSAM PIN- 781017
15: MD FIROJ ALI
S/O- LATE MIYAJAN ALI.
R/O- LOWER MIRZAPUR
P.O- AZARA
PS- AZARA
DIST- KAMRUP (M)
ASSAM PIN- 781017
16: SAMSUN NESSA
W/O LATE RAJAT ALI
17: RAJIUL ISLAM
Page No.# 11/18
S/O-LATE RAJAT ALI
18: ABDUL RAHMAN
S/O- LATE RAJAT ALI.
ALL ARE R/O- LOWER MIRZAPUR
PO- AZARA
PS- AZARA
DIST- KAMRUP (M)
ASSAM
PIN- 781017
19: MRS. RASHIDA BEGUM
D/O- LATE RAJAT ALI
VILL- MIRZAPUR
PO- AZARA
PS- AZARA
DIST- KAMRUP (M)
ASSAM
PIN- 781017.
PRESENT ADDRESS- W/O- OSMAN ALI
VILL- NO.1
UTTAR SAKHADARI
P.O- DAMALCHOSH
DIST- KAMRUP (RURAL) ASSAM
PIN- 781135
20: MAKIBUR RAHMAN
S/O- LATE MASHEB ALI
H/N- 1242
VILL- GARIGAON
NEAR OWRTOL MOSJID P.O- JALUKBARI
SATMILE ROAD
PS- JALUKBARI
DIST- KAMRUP (M)
ASSAM
PIN- 781012
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THECHIEF SECRETARY
TO THE GOVERNMENT OFASSAM
JANATA BHAWAN
DISPUR
GUWAHATI-781006.
2:THE COMMISSIONER AND SECRETARY
PWD (ROADS)
Page No.# 12/18
GOVERNMENT OF ASSAM
JANATA BHAWAN
DISPUR
GUWAHATI- 781006
3:THE CHIEF ENGINEER
DEPARTMENT OF PWD (ROADS)
GOVT. OF ASSAM
CHANDMARI
GUWAHATI- 781003
4:THE EXECUTIVE ENGINEER OF PWD (ROADS)
CENTRAL GUWAHATI TERRITORIAL ROADS DIVISION
FANCY BAZAR
GUWAHATI- 781001
5:THE COMMISSIONER AND SECRETARY
GOVERNMENT OF ASSAM
REVENUE AND DISASTER MANAGEMENT DEPARTMENT
JANATA BHAWAN
DISPUR
GUWAHATI- 781006
6:THE DIRECTOR OF LAND RECORDS
ASSAM
RUPNAGAR
GUWAHATI- 781032
7:THE DISTRICT COMMISSIONER CUM DISTRICT COLLECTOR
KAMRUP (METRO) DISTRICT
LICHUBAGAN
HENGRABARI
GUWAHATI
ASSAM- 781036
8:THE CIRCLE OFFICER
AZARA REVENUE CIRCLE
AZARA
KAMRUP (M)
GUWAHATI-781017
9:THE AIRPORTS AUTHORITY OF INDIA
REPRESENTED BY THE DIRECTOR
LOKPRIYA GOPINATH BORDOLOI INTERNATIONAL AIRPORT
BORJHAR
GUWAHATI-781015
------------
Advocate for : MR. A K TALUKDAR
Page No.# 13/18
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM
BEFORE
HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER
Date : 18.11.2025 Heard Mr. F.K.R. Ahmed, learned counsel, appearing on behalf of Mr. A. K. Talukdar, learned counsel for the petitioner. Also heard Mr. D. Nath, learned Senior Government Advocate, as well as Mr. R. Borpujari, learned Standing Counsel, Revenue and Disaster Management Departments, for their respective respondents.
2. Mr. F.K.R. Ahmed, submits that Mr. A. K. Talukdar, has requested him to make a mention in the matter today for an adjournment on the ground that he is out of station. 3. Mr. D. Nath, learned Senior Government Advocate, submits that there is extreme urgency in the matter, inasmuch as, the conversion of the existing 2(two) lane road connecting LGBI Airport, from VIP Junction to Dharapur, to a 6(six) lane road, under the PM - Devine Program, is required to be completed in a time bound manner as it has a connection with the new Lokapriya Gopinath Bordoloi International Airport, now being readied for inauguration.
4. Mr. D. Nath, submits that the pleadings brought on record would reveal that the petitioner have alleged that the notices under Section 3(1) of the Assam Land (Requisition and Page No.# 14/18 Acquisition) Act, 1964, were not served upon them. He by referring to the pleadings already brought on record on behalf of the State Respondents, submits that the said projection made by the petitioners are clearly not sustainable, inasmuch as, the said notices were duly issued to all the Pattadars, including the petitioners, herein, from whom the land, in question, were requisitioned initially.
Mr. D. Nath, by referring to the reports furnished to him by the respondents, submits that the petitioners, herein, had refused to accept the orders issued under Section 3(1) of the Assam Land (Requisition and Acquisition) Act, 1964, on the same being furnished to them.
5. Mr. D. Nath, further submits that the pleadings brought on record by the State Respondents, would reveal that the provisions of the Act of 1964, was strictly complied with in the matter. He further submits that the amount of compensation payable to each of the Pattadars involved, including the petitioners, herein, on being determined by the competent authority, notices in terms of the provisions of Section 7(1) of the Act of 1964, were issued to each of the petitioners, herein, for receiving the compensation amount determined in respect of each one of them. Mr. D. Nath, submits that the petitioners, herein, had not approached the authorities for receiving the compensation amount so determined in their respective cases.
6. Mr. D. Nath, further submits that there are around 729 Pattadars involved in the proceedings of L.A. Case No. 13/2024, including the petitioners nos.1 to 5 and 7 to 20, herein. He submits that the other Pattadars involved other than the said Page No.# 15/18 petitioners, have not raised any dispute with regard to the institution of the said L.A. Case No.13/2024, before this Court. He has also submitted that in so far as the petitioner no.6 is concerned, the land as acquired from him is involved in the proceedings of L.A. Case No.12/2024 and, therein, there are other 183 Pattadars and the other Pattadars have also not instituted any proceedings in this connection before this Court. It is submitted that it is only because of the present proceedings pending before this Court and the order dated 19-12-2024 passed by this Court, restraining the respondent authorities from carrying eviction of the writ petitioners without following the prescribed procedures under the relevant statute, the work in so far as the particular stretch, wherein, the land of the petitioners are involved, is not in a position to be taken forward, thereby hampering the entire project.
7. Mr. D. Nath, has further submitted that the interim order passed by this Court vide the said order dated 19-12-2024 has not been extended after 18-08-2025.
8. In the above premises, he submits that in view of the urgency involved and the compliance with the provisions of the Act of 1964 demonstrated to have been done by the respondents in the matter, the respondent authorities be permitted to take the work involved forward, inasmuch as, it is in the public interest that the work involved be completed at the earliest.
9. This Court has examined the submissions made by the learned Senior Government Advocate, Assam, in the light of the pleadings brought on record. This Court finds that the writ petitioners in the writ petition had projected that the proceedings Page No.# 16/18 as instituted for requisition and acquisition of their land to be vitiated on account of the fact that the orders issued under Section 3(1) of the Act of 1964, was not served upon them. The submissions made by Mr. D. Nath, today before this Court and the document as placed on record, as well as the pleadings brought on record, by the respondents, this Court notices that the orders under Section 3(1) of the Act of 1964 were issued to the petitioners but they are found to have refused to accept the same. This Court is also of the prima facie view that the respondents, herein, have also taken the requisite steps in the matter, as mandated under the provisions of the Act of 1964 while proceeding to acquire the lands of the petitioners, herein. This Court in view of the above position, is of the prima facie view that the provision of the Assam Land (Requisition and Acquisition Act, 1964) seems to have been complied with in the matter.
10. This Court further appreciates the submissions made by the learned Senior Government Advocate, Assam, with regard to the urgency involved in completion of the works pertaining to the conversion of the 2(two) lane road to that of a 6(six) lane road connecting the LGBI Airport, Guwahati, from VIP Junction to Dharapur 6(six) lane road under the P.M-Divine Program. The said project is of public importance and accordingly this Court is of the prima facie view that the project cannot be permitted to be stalled at the instance of a few Pattadars i.e. the petitioners, herein, when the majority of the Pattadars of the area have not raised any issue in this connection before this Court.
Page No.# 17/18
11. With regard to the contention, raised by the petitioners, that their lands were not permitted to be re-classified by the respondent authorities, inspite of an approach being made by the petitioners for the purpose, before the concerned authorities, this Court is of the considered view that said issue cannot be projected for the purpose of hindering the construction activities related to conversion of the road in question from a 2 lane road to that of a 6 lane road, inasmuch as, the said issue is permissible to be considered by this Court in the present proceedings and/or by an appropriate forum as prescribed for the purpose.
12. In view of the above prima facie conclusions drawn by the this Court in the matter, this Court is of the considered view that the present is not a fit case, wherein, the interim directions passed by this Court vide the order dated 19-12-2022 would be mandated to be continued any further.
13. Accordingly, this Court not having continued the interim order dated 19-12-2022, observes that the respondent authorities would be within their rights to carry forward the work, in question, to its logical conclusion and there is no restrain from this Court upon them in this connection.
14. This Court while passing the observations and directions is mindful of the fact that the same is being passed in the absence of the learned counsel for the petitioner. However, appreciating the urgency expressed by the respondents, this Court being called upon to pass the above observations and directions, has proceeded to pass the same. This Court also observes that the Page No.# 18/18 non extension of the interim directions passed by this Court vide order dated 19.-12-2022, would not prejudice the petitioners, herein, inasmuch as, their grievance would still be permissible to be considered by this Court and/or by an appropriate forum prescribed for the purpose and for the purpose all issues raised in the writ petition are left open for consideration.
15. This Court further provides that the observations and directions passed, hereinabove would be subject to further orders that would be passed in the present proceedings by this Court.
16. The present order having being passed in absence of the Mr. A. K. Talukdar, learned counsel for the petitioner, this Court directs the Registry to list this matter again on 21-11-2025, as the 1st item at 10.30 a.m. JUDGE Comparing Assistant