Gauhati High Court
Dipajit Das And 2 Ors vs The State Of Assam And 8 Ors on 19 June, 2020
Author: N. Kotiswar Singh
Bench: N. Kotiswar Singh
Page No.# 1/4
GAHC010058712020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 1918/2020
1:DIPAJIT DAS AND 2 ORS.
S/O- LT. DHIREN DAS, R/O- W/NO.- 5, VILL. DAKHIN SITARA, MOUZA-
PANDURI, P.O. AND P.S. RANGIA, DIST- KAMRUP, ASSAM, PIN- 781354.
2: SMTI ARATI DAS
W/O- SRI MAHESH CHANDRA DAS
R/O- W/NO.- 5
MOUZA- PANDURI
P.O. AND P.S. RANGIA
DIST- KAMRUP
ASSAM
PIN- 781354.
3: BAPI SARKAR
S/O- LT. ANIL SARKAR
R/O- W/NO.- 5
VILL. DAKHIN SITARA
MOUZA- PANDURI
P.O. AND P.S. RANGIA
DIST- KAMRUP
ASSAM
PIN- 781354
VERSUS
1:THE STATE OF ASSAM AND 8 ORS.
REP. BY THE SECY. TO THE GOVT. OF ASSAM, RURAL DEVELOPMENT,
DISPUR, GHY.- 781006, ASSAM.
2:THE COMMISSIONER
GOVT. OF ASSAM
DEPTT. OF MGNREG ACT
DISPUR
GHY.- 06, ASSAM.
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3:THE DY. COMMISSIONER
KAMRUP
AMINGAON
DIST.- KAMRUP
PIN- 781031
ASSAM.
4:THE PROJECT DIRECTOR
DRDA
KAMRUP(R)
AMINGAON
DIST- KAMRUP
ASSAM
PIN- 781031.
5:THE PROJECT DIRECTOR
MGNREGA
KAMRUP(R)
AMINGAON
DIST- KAMRUP
ASSAM
PIN- 781031.
6:SUB-DIVISIONAL OFFICER (CIVIL)
RANGIA
AMINGAON
DIST- KAMRUP
ASSAM
PIN- 781031.
7:CIRCLE OFFICER (REVENUE)
RANGIA
P.O. AND P.S. RANGIA
DIST- KAMRUP
ASSAM
PIN- 781031.
8:THE BLOCK DEVELOPMENT OFFICER
RANGIA SUB-DIVISION (RURAL)
P.O. AND P.S. RANGIA
DIST- KAMRUP
ASSAM
PIN- 781031.
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9:THE GAON PANCHAYAT
ARIMATTA GAON PANCHAYAT
RANGIA DEVELOPMENT BLOCK
P.O. AND P.S. RANGIA
DIST- KAMRUP
ASSAM
PIN- 781354
Advocate for the Petitioner : MR S NATH
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE N. KOTISWAR SINGH
ORDER
Date : 19-06-2020 Heard Mr. S. Nath, learned counsel for the petitioners and Mr. T. C. Chutia, learned Government Advocate, Assam. Also heard Mr. R. Borpujari, learned Standing Counsel, Revenue Department, Government of Assam.
2. Both the parties submit that the matter can be disposed of at this stage by directing the respondent-authorities to consider the representations submitted by the petitioners on 04.02.2020 and 11.02.2020.
3. In view of the above submissions, the present writ petition is disposed of at this stage without issuing any formal notice to the respondents.
4. The case of the petitioners is that they are the pattadars of the land covered by Myadi Patta No.58 (Dag No.70) of Village Dakhin Sitara under Arimatta Gaon Panchayat, Rangia, Kamrup. They are aggrieved by that fact that the authorities had started construction of brick irrigation canal from Gorusara Pathar to Pandit Bridge at Gogmalsa under u/FFC 2017-2018 over their private land under Mahatma Gandhi National Rural Employment Generation Act. It has been submitted that such construction of the canal over their private land without giving any compensation or before acquiring the same or giving compensation is illegal and it violates their constitutional right guaranteed under Article 300(A). In this regard, the petitioners had already approached the authorities by submitting representations dated Page No.# 4/4 04.02.2020 and 11.02.2020 not to construct the canal as it would deprive them from proper utilization of their land.
5. In that view of the matter, the present writ petition is disposed of by directing the respondent-authorities, more particularly, respondent No.3 to consider the said representations submitted by the petitioners and dispose of the same by issuing a speaking order, which exercise shall be undertaken within a period of one month from the date of receipt of a certified copy of this order. It goes without saying that if the land(s) of the petitioners are affected, they shall be granted adequate compensation by following due process of law.
JUDGE Comparing Assistant