Gauhati High Court
Page No. 1/ vs The Collector And Anr on 12 April, 2023
Author: Manish Choudhury
Bench: Manish Choudhury
Page No. 1/10
GAHC010251032019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : LA.App./18/2019
SRI BHADARAM MIKIR AND 26 ORS.
S/O- MANAI MIKIR OF VILLAGE KARCHIA NC UNDER MOUZA PANBARI
AND SUB DIVISION GUWAHATI IN THE DISTRICT OF KAMRUP (M),
ASSAM.
2: SRI RAMEN TIMUNG
S/O LAKHI MIKIR
REPRESENTED BY HIS POA HOLDER VIZ. SRI CHAUMALA RANJIT
BAILUNG OF VILLAGE KARCHIA NC UNDER MOUZA PANBARI AND SUB
DIVISION GUWAHATI IN THE DISTRICT OF KAMRUP (M)
ASSAM.
3: SMTI. AHAILYA TUMUNG
D/O LATE NAGAR MIKIR OF VILLAGE KARCHIA NC UNDER MOUZA
PANBARI AND SUB DIVISION GUWAHATI IN THE DISTRICT OF KAMRUP
(M)
ASSAM.
4: SRI HARESWAR KATHAR
SON OF LATE DEBEN MIKIR OF VILLAGE KARCHIA NC UNDER MOUZA
PANBARI AND SUB DIVISION GUWAHATI IN THE DISTRICT OF KAMRUP
(M)
ASSAM.
5: SRI DEBESWAR DOLOI
SON OF LATE PHUKAN GARO OF VILLAGE KARCHIA NC UNDER MOUZA
PANBARI AND SUB DIVISION GUWAHATI IN THE DISTRICT OF KAMRUP
(M)
ASSAM.
6: SRI DIPAR MIKIR
SON OF RUPAI MIKIR OF VILLAGE KARCHIA NC UNDER MOUZA
PANBARI AND SUB DIVISION GUWAHATI IN THE DISTRICT OF KAMRUP
(M)
Page No. 2/10
ASSAM.
7: SRI PRADIP TUMUNG
SON OF LATE MOHINI TUMUNG OF VILLAGE KARCHIA NC UNDER
MOUZA PANBARI AND SUB DIVISION GUWAHATI IN THE DISTRICT OF
KAMRUP (M)
ASSAM.
8: SRI MADHURAN TERON
SON OF GARIA
REPRESENTED BY HIS POA HOLDER VIZ. SRI RATAN TERON OF VILLAGE
KARCHIA NC UNDER MOUZA PANBARI AND SUB DIVISION GUWAHATI IN
THE DISTRICT OF KAMRUP (M)
ASSAM.
9: SRI SARURAM TERON
SON OF GARIA
REPRESENTED BY HIS POA HOLDER VIZ. SRI RATAN TERON OF VILLAGE
KARCHIA NC UNDER MOUZA PANBARI AND SUB DIVISION GUWAHATI IN
THE DISTRICT OF KAMRUP (M)
ASSAM.
10: SRII DHANIRAM TERON
SON OF GARIA
REPRESENTED BY HIS POA HOLDER VIZ. SRI RATAN TERON OF VILLAGE
KARCHIA NC UNDER MOUZA PANBARI AND SUB DIVISION GUWAHATI IN
THE DISTRICT OF KAMRUP (M)
ASSAM.
11: SRI RATAN TERON
SON OF LATE RAMESH TERON
REPRESENTED BY HIS POA HOLDER VIZ. SRI RATAN TERON OF VILLAGE
KARCHIA NC UNDER MOUZA PANBARI AND SUB DIVISION GUWAHATI IN
THE DISTRICT OF KAMRUP (M)
ASSAM.
12: SRI PARAMESWAR TERON
SON OF GARIA
REPRESENTED BY HIS POA HOLDER VIZ. SRI RATAN TERON OF VILLAGE
KARCHIA NC UNDER MOUZA PANBARI AND SUB DIVISION GUWAHATI IN
THE DISTRICT OF KAMRUP (M)
ASSAM.
13: SMTI. RUPAN MIKIR
WIFE OF ONA MIKIR OF VILLAGE KARCHIA NC UNDER MOUZA PANBARI
AND SUB DIVISION GUWAHATI IN THE DISTRICT OF KAMRUP (M)
ASSAM.
Page No. 3/10
14: MANIK CH. BANGTHAI
WIFE OF SUCHANA
REPRESENTED BY HER POA HOLDER VIZ. SRI PARESH BORDOLOI OF
VILLAGE KARCHIA NC UNDER MOUZA PANBARI AND SUB DIVISION
GUWAHATI IN THE DISTRICT OF KAMRUP (M)
ASSAM.
15: SRI PRASANTA KATHAR
SON OF LATE MERENG MIKIR OF VILLAGE KARCHIA NC UNDER MOUZA
PANBARI AND SUB DIVISION GUWAHATI IN THE DISTRICT OF KAMRUP
(M)
ASSAM.
16: SRI NAKUL TERON
SON OF DIPAR REPRESENTED BY HIS POA HOLDER VIZ. SRI CHAUMALA
RANJIT BAILUNG OF VILLAGE KARCHIA NC UNDER MOUZA PANBARI
AND SUB DIVISION GUWAHATI IN THE DISTRICT OF KAMRUP (M)
ASSAM.
17: SRI PABITRA RAHANG
SON OF PUA MIKIR OF VILLAGE KARCHIA NC UNDER MOUZA PANBARI
AND SUB DIVISION GUWAHATI IN THE DISTRICT OF KAMRUP (M)
ASSAM.
18: SRI UTTAM DOLOI
SON OF LATE CHITRA GARO
REPRESENTED BY HIS POA HOLDER VIZ. SRI DILIP GARO OF VILLAGE
KARCHIA NC UNDER MOUZA PANBARI AND SUB DIVISION GUWAHATI IN
THE DISTRICT OF KAMRUP (M)
ASSAM.
19: SRI DILIP GARO
SON OF NANDESWAR OF VILLAGE KARCHIA NC UNDER MOUZA
PANBARI AND SUB DIVISION GUWAHATI IN THE DISTRICT OF KAMRUP
(M)
ASSAM.
20: SRI BHOGI KATHAR
SON OF BORA MIKIR
REPRESENTED BY HIS POA HOLDER VIZ. SRI DANDIDHAR SONOWAL OF
VILLAGE KARCHIA NC UNDER MOUZA PANBARI AND SUB DIVISION
GUWAHATI IN THE DISTRICT OF KAMRUP (M)
ASSAM.
21: SRI PHULESWAR RAHANG
SON OF MANJUR OF VILLAGE KARCHIA NC UNDER MOUZA PANBARI
AND SUB DIVISION GUWAHATI IN THE DISTRICT OF KAMRUP (M)
ASSAM.
Page No. 4/10
22: SRI SIMANTA RAHNAG
SON OF SABHYASWAR RAHANG OF VILLAGE KARCHIA NC UNDER
MOUZA PANBARI AND SUB DIVISION GUWAHATI IN THE DISTRICT OF
KAMRUP (M)
ASSAM.
23: SRI PRADIP KR. DAS
SON OF BINA RAM DAS OF VILLAGE KARCHIA NC UNDER MOUZA
PANBARI AND SUB DIVISION GUWAHATI IN THE DISTRICT OF KAMRUP
(M)
ASSAM.
24: SRI SHYMANTA KATHAR
SON OF SADHU
REPRESENTED BY HIS POA HOLDER VIZ. SRI DANDIDHAR SONOWAR OF
VILLAGE KARCHIA NC UNDER MOUZA PANBARI AND SUB DIVISION
GUWAHATI IN THE DISTRICT OF KAMRUP (M)
ASSAM.
25: SMTI RUPAHI GARO
WIFE OF AAHARU
REPRESENTED BY HER POA HOLDER VIZ. SRI DANDI GARO OF VILLAGE
KARCHIA NC UNDER MOUZA PANBARI AND SUB DIVISION GUWAHATI IN
THE DISTRICT OF KAMRUP (M)
ASSAM.
26: SRI DANDI GARO
SON OF AAHARU OF VILLAGE KARCHIA NC UNDER MOUZA PANBARI
AND SUB DIVISION GUWAHATI IN THE DISTRICT OF KAMRUP (M)
ASSAM.
27: SRI DIGANTA TUMUNG
SON OF LATE KAHI MIKIR OF VILLAGE KARCHIA NC UNDER MOUZA
PANBARI AND SUB DIVISION GUWAHATI IN THE DISTRICT OF KAMRUP
(M)
ASSAM
VERSUS
THE COLLECTOR AND ANR
KAMRUP (METRO), GUWAHATI-781001
2:THE COMMANDANT
33BATTALION
INDO-TIBETAN BORDER POLICE
MHA
GOVT. OF INDIA
Page No. 5/10
A-14
6TH FLOOR
GAMES VILLAGE
GUWAHATI-781029
KAMRUP (M)
ASSAM
Advocate for the Petitioner : MR. S KATAKI
Advocate for the Respondent : GA, ASSAM
Linked Case : WP(C)/2300/2022
KAMALA PHUKAN
W/O- SRI DZEN PHUKAN
R/O- AMERIGOG
9TH MILE
DIST- KAMRUP (M)
ASSAM
REP. BY HER DULY CONSTITUTED ATTORNEY
DEBAJIT KUMAR BARUAH
AGE 62 YRS
S/O LATE AJIT KUMAR BARUAH
R/O- NILMONI PHUKAN PATH
CHRISTIAN BASTI
GUWAHATI- 781005
DIST- KAMRUP (M)
ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
REVENUE AND DISASTER MANAGEMENT DEPARTMENT
DISPUR
GUWAHATI-6.
ASSAM
2:THE DEPUTY COMMISSIONER
KAMRUP (M)
GUWAHATI-781001
Page No. 6/10
ASSAM
3:THE LAND ACQUISITION OFFICER
KAMRUP (M)
GUWAHATI-781001
ASSAM
4:THE SECRETARY
TO THE GOVERNMENT OF INDIA
MINISTRY OF HOME AFFAIRS
NEW DELHI.
5:THE COMMANDANT
OF 33RD ITB POLICE
MHA
GOVERNMENT OF INDIA.
------------
Advocate for : S ALI
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 4 ORS
Linked Case : CO/10/2021
THE COMMANDANT
33 BATTALION
INDO-TIBETAN BORDER POLICE
MHA
GOVT. OF INDIA
A-14
6TH FLOOR
GAMES VILLAGE
GUWAHATI-781029
KAMRUP (M)
ASSAM.
VERSUS
BHADARAM MIKIR AND 26 ORS.
S/O- MANAI MIKIR OF VILLAGE KARCHAHI NC UNDER MOUZA PANBARI
AND SUB DIVISION- GUWAHATI IN THE DISTRICT OF KAMRUP (M)
ASSAM.
2:SRI RAMEN TIMUNG
S/O LAKHI MIKIR
REPRESENTED BY HIS POA HOLDER VIZ. SRI CHAUMALA RANJIT
BAILUNG OF VILLAGE KARCHIA NC UNDER MOUZA PANBARI AND SUB
DIVISION GUWAHATI IN THE DISTRICT OF KAMRUP (M)
Page No. 7/10
ASSAM.
3:SMTI. AHAILYA TUMUNG
D/O LATE NAGAR MIKIR OF VILLAGE KARCHIA NC UNDER MOUZA
PANBARI AND SUB DIVISION GUWAHATI IN THE DISTRICT OF KAMRUP
(M)
ASSAM.
4:SRI HARESWAR KATHAR
SON OF LATE DEBEN MIKIR OF VILLAGE KARCHIA NC UNDER MOUZA
PANBARI AND SUB DIVISION GUWAHATI IN THE DISTRICT OF KAMRUP
(M)
ASSAM.
5:SRI DEBESWAR DOLOI
SON OF LATE PHUKAN GARO OF VILLAGE KARCHIA NC UNDER MOUZA
PANBARI AND SUB DIVISION GUWAHATI IN THE DISTRICT OF KAMRUP
(M)
ASSAM.
6:SRI DIPAR MIKIR
SON OF RUPAI MIKIR OF VILLAGE KARCHIA NC UNDER MOUZA PANBARI
AND SUB DIVISION GUWAHATI IN THE DISTRICT OF KAMRUP (M)
ASSAM.
7:SRI PRADIP TUMUNG
SON OF LATE MOHINI TUMUNG OF VILLAGE KARCHIA NC UNDER MOUZA
PANBARI AND SUB DIVISION GUWAHATI IN THE DISTRICT OF KAMRUP
(M)
ASSAM.
8:SRI MADHURAN TERON
SON OF GARIA
REPRESENTED BY HIS POA HOLDER VIZ. SRI RATAN TERON OF VILLAGE
KARCHIA NC UNDER MOUZA PANBARI AND SUB DIVISION GUWAHATI IN
THE DISTRICT OF KAMRUP (M)
ASSAM.
9:SRI SARURAM TERON
SON OF GARIA
REPRESENTED BY HIS POA HOLDER VIZ. SRI RATAN TERON OF VILLAGE
KARCHIA NC UNDER MOUZA PANBARI AND SUB DIVISION GUWAHATI IN
THE DISTRICT OF KAMRUP (M)
ASSAM.
10:SRII DHANIRAM TERON
SON OF GARIA
REPRESENTED BY HIS POA HOLDER VIZ. SRI RATAN TERON OF VILLAGE
KARCHIA NC UNDER MOUZA PANBARI AND SUB DIVISION GUWAHATI IN
THE DISTRICT OF KAMRUP (M)
ASSAM.
11:SRI RATAN TERON
SON OF LATE RAMESH TERON
REPRESENTED BY HIS POA HOLDER VIZ. SRI RATAN TERON OF VILLAGE
KARCHIA NC UNDER MOUZA PANBARI AND SUB DIVISION GUWAHATI IN
THE DISTRICT OF KAMRUP (M)
Page No. 8/10
ASSAM.
12:SRI PARAMESWAR TERON
SON OF GARIA
REPRESENTED BY HIS POA HOLDER VIZ. SRI RATAN TERON OF VILLAGE
KARCHIA NC UNDER MOUZA PANBARI AND SUB DIVISION GUWAHATI IN
THE DISTRICT OF KAMRUP (M)
ASSAM.
13:SMTI. RUPAN MIKIR
WIFE OF ONA MIKIR OF VILLAGE KARCHIA NC UNDER MOUZA PANBARI
AND SUB DIVISION GUWAHATI IN THE DISTRICT OF KAMRUP (M)
ASSAM.
14:MANIK CH. BANGTHAI
WIFE OF SUCHANA
REPRESENTED BY HER POA HOLDER VIZ. SRI PARESH BORDOLOI OF
VILLAGE KARCHIA NC UNDER MOUZA PANBARI AND SUB DIVISION
GUWAHATI IN THE DISTRICT OF KAMRUP (M)
ASSAM.
15:SRI PRASANTA KATHAR
SON OF LATE MERENG MIKIR OF VILLAGE KARCHIA NC UNDER MOUZA
PANBARI AND SUB DIVISION GUWAHATI IN THE DISTRICT OF KAMRUP
(M)
ASSAM.
16:SRI NAKUL TERON
SON OF DIPAR REPRESENTED BY HIS POA HOLDER VIZ. SRI CHAUMALA
RANJIT BAILUNG OF VILLAGE KARCHIA NC UNDER MOUZA PANBARI
AND SUB DIVISION GUWAHATI IN THE DISTRICT OF KAMRUP (M)
ASSAM.
17:SRI PABITRA RAHANG
SON OF PUA MIKIR OF VILLAGE KARCHIA NC UNDER MOUZA PANBARI
AND SUB DIVISION GUWAHATI IN THE DISTRICT OF KAMRUP (M)
ASSAM.
18:SRI UTTAM DOLOI
SON OF LATE CHITRA GARO
REPRESENTED BY HIS POA HOLDER VIZ. SRI DILIP GARO OF VILLAGE
KARCHIA NC UNDER MOUZA PANBARI AND SUB DIVISION GUWAHATI IN
THE DISTRICT OF KAMRUP (M)
ASSAM.
19:SRI DILIP GARO
SON OF NANDESWAR OF VILLAGE KARCHIA NC UNDER MOUZA PANBARI
AND SUB DIVISION GUWAHATI IN THE DISTRICT OF KAMRUP (M)
ASSAM.
20:SRI BHOGI KATHAR
SON OF BORA MIKIR
REPRESENTED BY HIS POA HOLDER VIZ. SRI DANDIDHAR SONOWAL OF
VILLAGE KARCHIA NC UNDER MOUZA PANBARI AND SUB DIVISION
GUWAHATI IN THE DISTRICT OF KAMRUP (M)
ASSAM.
21:SRI PHULESWAR RAHANG
Page No. 9/10
SON OF MANJUR OF VILLAGE KARCHIA NC UNDER MOUZA PANBARI AND
SUB DIVISION GUWAHATI IN THE DISTRICT OF KAMRUP (M)
ASSAM.
22:SRI SIMANTA RAHNAG
SON OF SABHYASWAR RAHANG OF VILLAGE KARCHIA NC UNDER
MOUZA PANBARI AND SUB DIVISION GUWAHATI IN THE DISTRICT OF
KAMRUP (M)
ASSAM.
23:SRI PRADIP KR. DAS
SON OF BINA RAM DAS OF VILLAGE KARCHIA NC UNDER MOUZA
PANBARI AND SUB DIVISION GUWAHATI IN THE DISTRICT OF KAMRUP
(M)
ASSAM.
24:SRI SHYMANTA KATHAR
SON OF SADHU
REPRESENTED BY HIS POA HOLDER VIZ. SRI DANDIDHAR SONOWAR OF
VILLAGE KARCHIA NC UNDER MOUZA PANBARI AND SUB DIVISION
GUWAHATI IN THE DISTRICT OF KAMRUP (M)
ASSAM.
25:SMTI RUPAHI GARO
WIFE OF AAHARU
REPRESENTED BY HER POA HOLDER VIZ. SRI DANDI GARO OF VILLAGE
KARCHIA NC UNDER MOUZA PANBARI AND SUB DIVISION GUWAHATI IN
THE DISTRICT OF KAMRUP (M)
ASSAM.
26:SRI DANDI GARO
SON OF AAHARU OF VILLAGE KARCHIA NC UNDER MOUZA PANBARI AND
SUB DIVISION GUWAHATI IN THE DISTRICT OF KAMRUP (M)
ASSAM.
27:SRI DIGANTA TUMUNG
SON OF LATE KAHI MIKIR OF VILLAGE KARCHIA NC UNDER MOUZA
PANBARI AND SUB DIVISION GUWAHATI IN THE DISTRICT OF KAMRUP
(M)
ASSAM.
------------
Advocate for : MR. S C KEYAL
Advocate for : MR. S KATAKI appearing for BHADARAM MIKIR AND 26 ORS.
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 12.04.2023 Mr. S. Kataki, learned counsel for the appellant in LA. Appeal no. 18/2019 and the respondent nos. 1 - 27 in CO/10/2021 has submitted that a counter affidavit on behalf of the said Page No. 10/10 respondents in CO/10/2021 has been filed on 25.01.2023 but the said counter affidavit has not yet been tagged with the case record of CO/10/2021.
Ms. U. Das, learned Additional Senior Government Advocate, Assam for the respondent no. 1-District Collector is present.
The learned counsel for the cross-objection in CO/10/2021 is found absent today on call.
Let the case be listed after 2 [two] weeks with the said counter affidavit on record.
JUDGE Comparing Assistant