Gauhati High Court
Ambia Bibi vs The Union Of India And 6 Ors on 22 January, 2021
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GAHC010000912020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/236/2020
AMBIA BIBI
W/O- APURUDDIN SK., R/O- VILL- HAKAMA PT-III, P.O. AND P.S. HAKAMA,
DIST.- DHUBRI, ASSAM
VERSUS
THE UNION OF INDIA AND 6 ORS.
MINISTRY OF INDIAN RAILWAYS, GOVT. OF INDIA, REP. BY ITS SECY.,
RAIL BHAVAN, RAISINA ROAD, NEW DELHI- 110001
2:THE GENERAL MANAGER
NORTH EAST FRONTIER RAILWAY ZONE
(N.F.)
MALIGAON
GHY-12
3:THE DY. COMMISSIONER AND COLLECTOR
DHUBRI
P.O. AND DIST.- DHUBRI
ASSAM
PIN- 783301
4:THE ADDL. DY. COMMISSIONER CUM LAND ACQUISITION OFFICER
(L.A. BRANCH)
DHUBRI
P.O. AND DIST.- DHUBRI
ASSAM
PIN- 783301
5:THE SUB-DIVISIONAL OFFICER (CIVIL)
BILASIPARA
P.O. BILASIPARA
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DIST.- DHUBRI
ASSAM
PIN- 783348
6:THE CIRCLE OFFICER
BILASIPARA REVENUE CIRCLE
P.O. BILASIPARA
DIST.- DHUBRI
ASSAM
PIN- 783348
7:THE ASSTT. SETTLEMENT OFFICER
BILASIPARA CIRCLE
P.O. BILASIPARA
DIST.- DHUBRI
ASSAM
PIN- 78334
Advocate for the Petitioner : MR. M KHAN
Advocate for the Respondent : SC, NF RLY
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
JUDGMENT AND ORDER (Oral)
Date : 22-01-2021
Heard Mr. M. Khan, learned counsel appearing for the writ petitioner. Also
heard Ms. S. Chakraborty, learned Standing Counsel, N. F. Railway, appearing for the
respondent No.2 and Ms. K. Phukan, learned Govt. Advocate, Assam, appearing for
the respondent Nos.3 to 7.
2. The case of the petitioner, in a nutshell, is that out of the land measuring 2B-1K-
14Ls covered by K.M.Patta No.48 Dag No.81/71 situated at village Hakama Pt-III
under Bilasipara Revenue Circle, Dhubri, a plot of land measuring 2K-10L was earlier
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acquired in connection with L.A. Case No.23/2005-06 for construction of Railway line
in the sector "New Moyanguri to Jogighopa". Although compensation for the land
measuring 2K-10L was paid to her, yet, no jirat compensation was paid to the
petitioner on account of the standing trees/crops. Subsequently, after the coming
into effect of "The Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013" another two L.A. cases being L.A. Case
No.12/2015-16 and L.A. Case No.1/2019-20 have been registered with a view to
acquire land measuring 1K-5L and 4K-13L respectively from the petitioner, being part
of the original plot of land measuring 2B-1K-14L, owned by her. According to Mr.
Khan, the respondents have neither paid compensation to the petitioner pertaining
to L.A. Case No.12/2015-16 and L.A. Case No.1/2019-20 nor has she been paid jirat
compensation in connection with L.A. Case No.22/2005-06. Hence, this writ petition.
3. It is also the submission of Mr. Khan that at this point of time all compensation
payable to the petitioner would have to be assessed as per the provision of the Act
of 2013.
4. Ms. Chakraborty, learned Standing Counsel, N.F.Railway, has referred to the
affidavit filed by the respondent No.2 admitting the claim of the petitioner and
submits that the matter is under process. Similar is the submission of Ms. Phukan,
learned Govt. Advocate, Assam, based on the affidavit filed by the respondent No.3.
5. I find from the record that the respondent No.2, i.e. the Deputy Chief
Engineer/Construction,Jogighopa/NF Railway, has filed an affidavit on 07.05.2020
making the following statements in paragraphs 6 and 7:-
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"6. That with regard to the statements made in paragraph 4 of the
writ petition, the deponent begs to state that Rails acquired land for
construction of new BG Railway line fron New Maynaguri To Jogighopa
new BG Railway Line Project. The land acquisition process has been
done by concerned Deputy Commissioner of State Govt. as per their
norms and procedure. Accordingly, Deputy Commissioner has estimated
the valuation of land and Zirat for the area at this location against L.A.
Case No.23-2005-06 (Phase No.35) and Railway has deposited the
amount to Deputy Commissioner, Dhubri for the L.A. Case.
7. That with regard to the statements made in paragraph 5 of the
writ petition, the deponent begs to state that additional land at this
phase/location has been taken by Railway for unavoidable requirement
for construction of Railway line. Accordingly, estimate for land
compensation has been submitted by Sub-Divisional Officer (Civil),
Bilasipara vide Letter No.BRS(LA)-6/2019/4 dated 14.02.2020 and
payment has also been made vide L.A. Case No.12/2015-15 (Phase
No.35) to Deputy Commissioner, Dhubri as estimated for the case."
6. In paragraph 10 of the said affidavit it has further been stated as follows :-
"10. That with regard to the statements made in paragraph 8 of the writ
petition, the deponent begs to state that presently, Sub-Divisional
Officer(Civil) & Land Acquisition Officer, Bilasipara has submitted the
Additional L.A. estimate to Railway for left out land & Zirat in respect of
land owner Ambia Bibi & others against L.A. Case No.1/2019-20 (Phase
No.35) vide Letter No.BRS(LA)-6/2019/4 dated 14.02.2020. The said L.A.
Estimate is under process for approval of competent authority of Railway.
The estimated amount would be deposited on due approval of
competent authority at this end."
7. From the stand taken by the Railway authorities it is evident that the matter
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regarding payment of just compensation to the petitioner is under process.
8. At this stage, learned counsel for all the parties have prayed for disposal of the
writ petition with a direction upon the respondents to expedite the process and take
the same to its logical end, as expeditiously as possible. I find the submission to be
reasonable and therefore, the same is accepted.
9. As such, without expressing any opinion on the merit of the claim, this writ
petition is being disposed of by issuing a direction upon the respondents to bring the
pending proceedings, as noticed above, pertaining to payment of compensation of
land and jirat to the petitioner, to its logical end as expeditiously as possible but not
later than six months from the date of receipt of a certified copy of this order.
Writ petition stands closed.
JUDGE
Comparing Assistant
