Gauhati High Court
Page No.# 1/5 vs The State Of Assam And 4 Ors on 2 January, 2023
Author: Sanjay Kumar Medhi
Bench: Sanjay Kumar Medhi
Page No.# 1/5
GAHC010194512021
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
TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DIPUR
GUWAHATI-781006.
Page No.# 2/5
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
Advocate for the Petitioner : MR. I H SAIKIA
Advocate for the Respondent : SC, REVENUE
Linked Case : WP(C)/6281/2021
RAJEN NATH AND 3 ORS
S/O. LT. ABANTI NATH
VILL. TALTALA
P.O. DEWADI
DIST. KARIMGANJ
ASSAM
PIN-788710.
2: KANU NATH
S/O. LT. DIGENDRA NATH
VILL. BERDONG
P.O. KUSHIARKUL
DIST. KARIMGANJ
ASSAM
PIN-788009.
3: NIDHU DAS
Page No.# 3/5
S/O. LT. BANINDRA DAS
VILL. DUTTAPUR
P.O. CHAPGHAT
DIST. KARIMGANJ
ASSAM
PIN-788701.
4: SARAJIT NATH
S/O. LT. 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
TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
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.
------------
Advocate for : MR. I H SAIKIA
Advocate for : appearing for THE STATE OF ASSAM AND 4 ORS
Page No.# 4/5
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
02.01.2023 Heard Shri IH Saikia, learned counsel for the petitioners.
2. The petitioners have filed these cases claiming compensation for acquisition of various estates by the Government of Assam under the provision of Assam State Acquisition of Zamindaries Act, 1951. The petitioners state that the final compensation statements were made which had attained finality and no appeals were preferred against the compensation Awards. However, no amount has been paid to the petitioners.
3. It transpires that there is a CID case in respect of the similar claim involving the invocation of the Assam State Acquisition of Zamindaries Act, 1951. However, in the affidavit-in-opposition filed on 13.12.2022 in WP(C)/6279/2021, more particularly paragraph 4 thereof, it has been stated that the compensation cases as mentioned by the petitioner were not found in the list of 57 numbers of Jamindary cases which are under the investigation of the CID. It is further stated that however, the Government has taken a decision that no sanction be made till completion of the investigation by the CID in respect of the 57 number of cases.
4. This Court is of the opinion that there is no discernible connection or reason between stoppages of the compensation amount after coming into a finding that the cases of the petitioners are not in the list of 57 numbers of cases which are under the investigation of the CID. The Government can have various means including seeking for requisite indemnity from the concerned persons and other options also, to safeguard the amounts.
5. At this stage, Ms. PR Mahanta, learned Standing Counsel, Revenue Department Page No.# 5/5 prays for some time to obtain instructions.
6. List these cases on 20.01.2023.
JUDGE Comparing Assistant