Gauhati High Court
Rabia Begum Laskar And 24 Ors vs The State Of Assam And 3 Ors on 25 February, 2020
Author: Prasanta Kumar Deka
Bench: Prasanta Kumar Deka
Page No.# 1/5
GAHC010074652018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 2606/2018
1:RABIA BEGUM LASKAR AND 24 ORS.
W/O. NUR UDDIN LASKAR,
2: SOFIZUL ALI LASKAR
S/O. LATE AZMAT ALI LASKAR
3: SURENDRA SINGHA
S/O. MOLIDRA SINGHA
4: NUR AHMED LASKAR
S/O.- LATE HAZI BASIR UDDIN LASKAR
5: ABUL KASHIM BARBHUIYA
S/O.- LATE NAZRUL ISLAM BARBHUIYA
6: AFTAB UDDIN LASKAR
S/O. LATE AYUB ALI LASKAR
7: KHALIL UDDIN LASKAR
S/O LATE AYUB ALI LASKAR
8: FARUK UDDIN LASKAR
S/O. LATE AYUB ALI LASKAR
9: MOHAMMED ALI BARBHUIYA
Page No.# 2/5
S/O. LATE TAHIR ALI BARBHUIYA
10: HANNANUR RAHMAN MAZUMDER
S/O. LT. HAZI ABDUL SAHID MAZUMDER
11: NAZIR HUSSAIN MAZUMDER
S/O. LATE MAKABIR ALI MAZUMDER
12: NUR AHMED BARBHUIYA
S/O. LATE TAHIR ALI BARBHUIYA
13: NUR UDDIN LASKAR
S/O. LATE ASHOK ALI LASKAR
14: REJIA BEGUM BARBHUIYA
W/O. LATE NAZRUL ISLAM BARBHUIYA
15: AMIR UDDIN LASKAR
S/O. LATE ARAB ALI LASKAR
16: TUTI RAJA LASKAR
S/O. LATE NAMOR ALI LASKAR
17: SAHAJ UDDIN MAZUMDER
S/O. LATE FAKAR UDDIN MAZUMDER
18: ALOMARA BEGUM MAZUMDER
W/O. SAHAJ UDDIN MAZUMDER
19: SAIF UDDIN MAZUMDER
S/O. LATE AJAD ALI MAZUMDER
20: LUTFUR RAHMAN LASKAR
S/O. LATE ABDUL SUBHAN LASKAR
21: FAIZUL ISLAM MAZUMDER
S/O. LATE ABDUL KADIR MAZUMDER
22: MOINUL HAQUE KHAN
S/O. LATE BASARAT KHAN
23: BABUL UDDIN LASKAR
S/O. LATE SAMJAD ALI LASKAR
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24: RASHID AHMED LASKAR
S/O. LATE HAZI BASIR UDDIN LASKAR
25: RABIA KHATOON LASKAR
W/O. LATE HAZI BASIR UDDIN LASKAR.
ALL RESIDENTS OF VILL- TUPKHANA PT-I
PH- BARAKPAR
P.O. ARUNACHAL
DIST.- CACHAR
PIN- 78802
VERSUS
1:THE STATE OF ASSAM AND 3 ORS.
TO BE REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE,
DISPUR, GUWAHATI-6.
2:THE SECRETARY
GOVT. OF ASSAM, WATER RESOURCE DEPARTMENT
CHANDMARI, GUWAHATI-3.
3:THE DEPUTY COMMISSIONER CUM COLLECTOR
CACHAR AT SILCHAR, PIN- 788001
4:THE EXECUTIVE ENGINEER
SILCHAR WATER RESOURCES DIVISION
SILCHAR, PIN- 78800
Advocate for the Petitioner : MR. M H RAJBARBHUIYAN
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA
ORDER
Date : 25-02-2020 Mr. M. H. Rajborbhuiyan, learned counsel for the petitioners. Also heard Mr. B. Goswami, learned Additional Advocate General, Assam assisted by Mr. P. Kataki, learned counsel for the State respondent.
The petitioners moved WP(C) 2812/2000 seeking for a direction for derequisition of 15 Bighas 14 Kathas 7 Chattaks of land covered by Dag Nos. Block 'B' and 'C' as mentioned in LA Page No.# 4/5 Case No. 46/1965-66, as admittedly the said land though initially acquired remained unutilised by the Government for which purpose it was requisitioned. The total land measuring 26 Bighas 5 Kathas 6 Chattaks including 15 Bighas 14 Kathas 7 Chattaks was acquired for the scheme "construction of dyke along L/B of Barak from Masimpur to Katakhal". The local public raised objection and finally the department i.e. Water Resources Department had to construct RCC flood wall along the river side by the side of the PWD road. Due to such modification a part out of the total land acquired measuring 26 Bighas 5 Kaths 6 Chattak as notified u/s 9 (1) of the Assam Land (Requisition and Acquisition) Act, 1964 for LA Case No. 46 of 1965-66 became redundant. Accordingly out of the said total land only 9 Bighas 6 Kathas 15 Chattaks was utilised for RCC flood wall . As per letter dtd 5.11.2011 issued by the Executive Engineer, Silchar Water Resource Division, Silchar an amount of Rs. 44,080.89 paise only was sanctioned by the Govt. of Assam, Water Resources Department for the acquisition cost of the above mentioned land. The said amount was deposited to the Collector/Deputy Commissioner Cachar, Silchar. The said WP(C) 2312/2000 was disposed of on 14.11.2006. The relevant portion of the said order dated 14.11.2006 is reproduced hereinbelow:
"At this stage Mrs. Phukan, learned State Counsel, referring to a communication/ parawise comment dated 18.9.2001, issued by the Deputy Commissioner, Cachar at Silchar addressed to the Sr. Government Advocate, Gauhati High Court , has informed that the Government has accepted that there is justification for derequisition of the acquired land measuring 15 Bighas 14 Kathas 7 Chattakas as the Flood Control Department did not utilize the land in question for which it was requisitioned and there is no other specific proposal to utilize the land in future and accordingly, the said competent authority has requested the Revenue Department to issue circular for relinquishment of such acquired land.
Copy of the said communication/parawise comment dated 18.9.2001 be kept herein to form as part of the record.
Upon hearing the learned counsel for the parties and also in view of the above communication/ parawise comments, it appears that the petitioners have already got relief sought herein and accordingly, this matter has been rendered infructuous.
This writ petition stands dismissed as being infructuous."
Subsequent thereto there was a move on the part of the petitioner to derequisition the said land measuring 15 Bighas 14 Kathas 6 Chattaks out of the total land measuring 26 Bighas 5 Kathas 6 Chattaks which was the subject matter of L.A Case No. 46/65-66. Upon the demand of the petitioners for relinquishment of unutilised land, the Executive Engineer, Silchar Water Resources Division, Silchar vide letter dated 5.11.2011 informed the Secretary Page No.# 5/5 to the Govt. of Assam, Water Resources Department with a prayer to accord approval/order for derequisition of said unutilised land. On perusal of the Annexures in the writ petition, it is found that various communications were made which are inter departmental. Upon consideration of the order dated 14.11.2006, the land measuring 15 Bighas 14 Kathas 7 Chattaks is not required further for the use of the said department. Admittedly the total land measuring 26 bighas 5 Kathas 6 chattaks was notified u/s 9 (1) of Assam Land (Requisition and Acquisition) Act, 1964 and out of said total land, 9 Bighas 6 Kathas 15 Chattaks was utilised by the department. In view of the same this writ petition can be disposed of which I accordingly do with a direction for taking necessary action under the Assam Land (Requisition and Acquisition) act, 1964 to derequisition of the left out land out of 26 Bighas 5 Kathas 6 Chattaks, the subject matter in LA Case No. 46 of 1965-66 dated 15.12.1966 by the respondent No. 3, Deputy Commissioner cum Collector, Cachar, Silchar under the said Act of 1964 and bring to its logical conclusion of the said acquisition process.
The petitioner shall submit a copy of the order to the respondent No.3 alongwith a copy of the writ petition and the respondent no.3 shall take up the matter in order to derequisition the land as per procedure laid down in the said Act, 1964 within the outer limit of 60(sixty) days from the date of receipt of the copy of this order.
This writ petition accordingly stands disposed of.
JUDGE Comparing Assistant