Gauhati High Court
Page No.# 1/69 vs The Union Of India And 16 Ors on 8 July, 2022
Page No.# 1/69
GAHC010100862022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3528/2022
PANKAJ LOCHAN BAISHYA AND 197 ORS
S/O - LATE NAGENDRA BAISHYA
VILLAGE - DALIBARI, P.O. DADARA,
P.S. - HAJO, DISTRICT- KAMRUP, ASSAM
PIN - 781104,
2: MAHNUR ALI.
S/O REJAB ALI
VILLAGE SINGIMARI (ALIKAKH)
P.O. ROWMARI
P.S. - HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
3: CHANDRA DHAR KALITA.
S/O - LATE BANDHU RAM KALITA
VILLAGE PACHARIA (MAZTOL)
P.O. PACHARIA
P.S. - HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
4: DEBEN CHANDRA DEKA.
S/O - LATE NAGEN CHANDRA DEKA
VILLAGE PACHARIA (MAZTOL)
P.O.- PACHARIA
P.S.-HAJO
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DISTRICT- KAMRUP
ASSAM
PIN 781104.
5: NABIN KALITA.
S/O PORA RAM KALITA
VILLAGE PACHARIA (UJANTOL)
P.O.- PACHARIA
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
6: DIMBESWAR DEKA.
S/O - LATE GAURI KANTA DEKA
VILLAGE PACHARIA
P.O.- PACHARIA
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
7: KESHAB CH. KALITA
S/O JAGGU RAM KALITA
VILLAGE- PACHARIA
P.O.- PACHARIA
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN - 781104.
8: BHUPEN KALITA
S/O LATE HARIMAL KALITA
VILLAGE- PACHARIA
P.O.- DADARA
P.S.-HAJO
DISTRICT- KAMRUP
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ASSAM
PIN 781104.
9: DINESH CH. KALITA
S/O LATE HARIMAL KALITA
VILLAGE AND P.O.-PACHARIA
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
10: ATUL KALITA
S/O LATE LAKHI KALITA
VILLAGE- PACHARIA
P.O.- PACHARIA
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
11: JOGEN KALITA
S/O LATE LAKHI KALITA
VILLAGE- PACHARIA
P.O.- PACHARIA
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
12: KHANINDRA KALITA
S/O LATE ACHYUT KALITA
VILLAGE- PACHARIA
P.O.- PACHARIA
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
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PIN 781104.
13: AMALJYOTI SARMA
S/O LATE RAMESH SARMA
VILLAGE AND P.O PACHARIA
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
14: DIPJYOTI KALITA
S/O ANIL KALITA
VILLAGE AND P.O PACHARIA
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
15: HEMANTA SARMA
S/O LATE RAMESH SHARMA
VILLAGE AND P.O PACHARIA
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
16: PRAFULLA SARMA
/O LATE RAMESH SHARMA
VILLAGE AND P.O PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
17: SAILEN MOHAN SHARMA
S/O LATE MATHURA SHARMA
VILLAGE AND P.O PACHARIA
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P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
18: MRINAL KALITA
S/O LATE KHUKHUNA KALITA
VILLAGE AND P.O PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104
19: GHANASHYAM KALITA
S/O BANTI DEKA
VILLAGE- PACHARIA (UJANTOL) P.O PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
20: KARUNA KANTA KALITA
S/O MAHARAM KALITA
VILLAGE- PACHARIA
(MAJTOL)
P.O PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
21: SATYA NATH DEKA
S/O LATE PORA RAM KALITA
VILLAGE- PACHARIA (UJANTOL)
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P.O PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
22: PRADIP NARAYAN BHATTA
S/O LATE CHAKRADHAR BHATTACHARYA
VILLAGE- PACHARIA
SINGIMARI
P.O - DADARA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
23: DIBAKAR SHARMA
S/O LATE KAMALESWAR SHARMA
VILLAGE- PACHARIA (BRAHMUNTAL)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
24: RUPAM SHARMA
S/O LATE RATNESWAR SHARMA
VILLAGE- PACHARIA (BRAHMUNTAL)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
25: DHIREN CH. DEKA
S/O LATE MADHAV CH. DEKA
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VILLAGE- PACHARIA (MAJTAL)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
26: HARMOHAN KALITA
S/O LATE RATNARAM KALITA
VILLAGE- PACHARIA (MAJTAL)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
27: PARESH BAISHYA
S/O LATE SOBHARAM BAISHYA
VILLAGE- PACHARIA (HATHIATAL)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
28: RAMEN CH. BAISHYA
S/O LATE UTTAM CHANDRA BAISHYA
VILLAGE- PACHARIA
P.O.- PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
29: BRAJEN BAISHYA
S/O LATE JIBAN BAISHYA
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VILLAGE- PACHARIA(HATHIATAL)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
30: BINANDI KALITA
S/O HARI DAS KALITA
VILLAGE- PACHARIA (JAWANTAL)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
31: NAGEN BHARALI
S/O LATE MADHAV CHANDRA KALITA
C/O- NARAYAN KALITA
VILLAGE- PACHARIA(MAZTOL)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
32: APURBA KALITA
S/O LATE NABIN CHANDRA KALITA
VILLAGE- PACHARIA(MAZTOL)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
33: DHARANI KALITA
S/O LATE MAHA RAM KALITA
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VILLAGE- PACHARIA(MAZTOL)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
34: DEBEN KALITA
S/O LATE HATARO KALITA
VILLAGE- PACHARIA(MAZTOL)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
35: SONESWAR KALITA
S/O LATE JAGGU RAM KALITA
VILLAGE- PACHARIA (HOWRAPAR)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
36: PITMAL KALITA
S/O LATE KHANGU KALITA
VILLAGE- PACHARIA (HOWRAPAR)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
37: PARAMANANDA KALITA
S/O LATE KHANGU KALITA
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VILLAGE- PACHARIA (HOWRAPAR)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
38: KAMAL MOHAN SHARMA
S/O LATE MATHURA MAHAN SHARMA
VILLAGE- PACHARIA (HARIDEVTOL)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
39: SUREN KALITA
S/O LATE THANU RAM KALITA
VILLAGE- PACHARIA (UJANTOL)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN - 781104.
40: PABITRA KALITA
S/O LATE THANU RAM KALITA
VILLAGE- PACHARIA (UJANTOL)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
41: KHAGARU KALITA (KHAGEN)
S/O LATE GHOGOLA KALITA
VILLAGE- PACHARIA (UJANTOL)
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P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
42: LANGKESWAR KALITA
S/O LATE LAKHI RAM KALITA
VILLAGE- PACHARIA (MAZTOL)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
43: ACHYUT DEKA
S/O LATE BANTI DEKA
VILLAGE- PACHARIA (UJANTOL)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
44: JADAV KALITA
S/O LATE MADHURAM KALITA
VILLAGE- PACHARIA (UJANTOL)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
45: UMESH KALITA
S/O LATE MADHURAM KALITA
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CONTD/-
VILLAGE- PACHARIA (UJANTOL)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
46: SUREN CHANDRA DEKA
S/O LATE MANI RAM DEKA
VILLAGE- PACHARIA (HUJURTOL)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
47: RAMANI KANTA KALITA
S/O LATE GAJIN KALITA
VILLAGE- PACHARIA (UJANTOL)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
48: SANKHYEE DHAR KALITA
S/O LATE BHABIN KALITA
VILLAGE- PACHARIA (UJANTOL)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
Page No.# 13/69
PIN 781104.
49: SMTI. GITA DEKA
W/O BIPUL DEKA
VILLAGE- PACHARIA (UJANTOL)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
50: TILAK DEKA
S/O LATE RAMA DEKA
VILLAGE- PACHARIA (UJANTOL)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
51: MONO MOHAN SHARMA
S/O LATE MATHURA MOHAN SHARMA
VILLAGE- PACHARIA (HARIDEVTOL)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
52: UGRA NATH SHARMA
S/O LATE NARESWAR SARMA
VILLAGE- PACHARIA (HARIDEVTOL)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
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ASSAM
PIN 781104.
53: TAMBHA RAM BAISHYA
S/O LATE DHAKI RAM BAISHYA
VILLAGE- PACHARIA (MILANPUR)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
54: BIREN KALITA
S/O LATE KESHAB KALITA
VILLAGE- PACHARIA (MILANPUR)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
55: SIDHESWAR SARMA
S/O LATE LAKHESWAR SARMA
VILLAGE- PACHARIA (BRAHMUNTOL)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104
56: GOVINDA KALITA
S/O LATE RATNA RAM KALITA
VILLAGE- PACHARIA (MILANPUR)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
57: MITUL DEKA
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S/O GAUTAM DEKA
VILLAGE- PACHARIA (MILANPUR)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
58: SUNANDA KALITA
S/O LATE RAMESH KALITA
VILLAGE- PACHARIA (MAZTOL)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
59: JIBAN KALITA
S/O LATE JAYRAM KALITA
VILLAGE- PACHARIA (MILANPUR)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
60: NIRANJAN KALITA
S/O LATE KESHAV CHANDRA KALITA
VILLAGE- PACHARIA (HATHIATOL)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
61: JATIN CHANDRA BAISHYA
S/O LATE ABHI RAM BAISHYA
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VILLAGE- PACHARIA (HATHIATOL)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
62: MUNINDRA BAISHYA
S/O LATE BALIRAM BAISHYA
VILLAGE- PACHARIA (HATHIATOL)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
63: PULEN BAISHYA
S/O LATE DAYA RAM BAISHYA
VILLAGE- PACHARIA (HATHIATOL)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
64: LOHIT BAISHYA
S/O LATE BAHIRAM BAISHYA
VILLAGE- PACHARIA (HATHIATOL)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
65: LAKHIRAM BAISHYA
S/O LATE SABHA RAM BAISHYA
VILLAGE- PACHARIA (HATHIATOL)
P.O. PACHARIA
P.S.- HAJO
Page No.# 17/69
DISTRICT- KAMRUP
ASSAM
PIN 781104.
66: DINESH CHANDRA BAISHYA
S/O LATE HALI RAM BAISHYA
CONTD/-
VILLAGE- PACHARIA (HATHITOL)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
67: NAGEN DAS
S/O LATE BHAGAWATI DAS
VILLAGE- PACHARIA (MILANPUR)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
68: NARAYAN BEZBARUAH
S/O LATE BALEK BEZBARUAH
VILLAGE- PACHARIA (MILANPUR)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
69: BIJAY BEZBARUAH
S/O LATE BALEK BEZBARUAH
VILLAGE- PACHARIA (MILANPUR)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
Page No.# 18/69
ASSAM
PIN 781104.
70: BASANTA BEZBARUAH
S/O LATE BALEK BEZBARUAH
VILLAGE- PACHARIA (MILANPUR)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
71: MD. ALI AHMED
S/O LATE MUSLIM ALI
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
72: ANOWAR HUSSAIN
S/O LATE TAIJUDDIN
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
73: MUKESH ALI
S/O LATE MEHERUDDIN ALI
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
Page No.# 19/69
DISTRICT- KAMRUP
ASSAM
PIN 781104.
74: MD. SAIDUR RAHMAN
S/O LATE HASMAT ALI
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
75: AFTAR ALI
S/O LATE MEHERUDDIN
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
76: MAINUR HAQUE ALI
S/O LATE ABDUR RAHMAN
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
77: REJIYA BIBI
S/O LATE SAMSER ALI
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VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
78: ARFAN ALI
S/O LATE FAYEZ ALI
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
79: HASNUR ALI
S/O LATE MEHIRUDDIN ALI
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
80: SAMSUDDIN AHMED
S/O LATE NAJIMUDDIN AHMED
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
Page No.# 21/69
81: KHARSED ALI
S/O LATE SADEK ALI
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
82: TAJNUR ALI
S/O LATE AMIR ALI
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
83: GANIRUDDIN AHMED
S/O LATE SADEK ALI
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN - 781104
84: JAINUL ALI
S/O LATE RAHIM ALI
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
Page No.# 22/69
ASSAM
PIN 781104.
85: MINA BEGUM
S/O LATE KACHIM ALI
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
86: MAHBUB ALI
S/O LATE HASMAT ALI
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
87: MAKIBUR RAHMAN
S/O LATE RAZAB ALI
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
88: MD. FORMAN ALI
S/O LATE BHAN ALI
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
Page No.# 23/69
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
89: MD. SAYDUR RAHMAN
S/O LATE NURNESSA BEGUM
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
90: JANMOHAMMAD ALI
S/O LATE JUMARRUDDIN
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
91: LALMOHAMMAD ALI
S/O LATE LATE RAHIM ALI
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
92: MD. ANIUR ALI
S/O LATE AHMED ALI
Page No.# 24/69
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
93: JIYABANU BIBI
S/O LATE MASER ALI
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
94: SAYFUL HAQUE
S/O LATE MAMAT ALI
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
95: MARINA AHMED
S/O LATE KASIM ALI
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
96: MUKUT CHANDRA BAISHYA
S/O LATE DIPARU BAISHYA
Page No.# 25/69
VILLAGE- PACHARIA (HATITOL)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
97: MD. NASIRUDDIN AHMED
S/O LATE AMIR ALI
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
98: ABDUL GANI
S/O LATE SDEK ALI
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
99: NAZIMUDDIN AHMED
S/O LATE MEHERUDDIN AHMED
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
Page No.# 26/69
100: MAZIBUR RAHMAN
S/O LATE RAZEB ALI
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
101: AINURUDDIN AHMED
S/O LATE TAIJUDDIN AHMED
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
102: NASIR ALI
S/O LATE AMIR ALI
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
103: MD. HABIB ALI
S/O LATE TAJU ALI
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
Page No.# 27/69
ASSAM
PIN 781104.
104: NAJUM ALI
S/O LATE MEHERUDDIN ALI
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
105: MD. NITUL RAHMAN
S/O LATE DEBANSAH ALI
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
106: MESER ALI
S/O LATE JAMSED ALI
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
107: HASINA BEGUM
W/O LATE ROUSHAN ALI
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
Page No.# 28/69
DISTRICT- KAMRUP
ASSAM
PIN 781104.
108: MD. TASLIM ALI
S/O LATE HASMAT ALI
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
CONTD/-
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
109: IDRESS ALI
S/O LATE CHANDMOHAMMAD ALI
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
110: SOHNUR ALI
S/O LATE ZAMIR ALI
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
111: MD. MAJAHAR ALI
S/O LATE IYAR ALI
Page No.# 29/69
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
112: MD. RAFIQUE ALI
S/O LATE ROUSAN ALI
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN - 781104
113: KARUNA BAISHYA
S/O LATE SENI RAM BAISHYA
VILLAGE- PACHARIA(HATHIATOL)
P.O. PACHARIA
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
114: GANI ALI
S/O LATE SADEK ALI
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
Page No.# 30/69
115: MD. ARIF ALI
S/O LATE YOUNUS ALI
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
116: NURMOHAMMAD ALI
S/O LATE AMIR ALI
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
117: OSMAN ALI
S/O LATE AHARSAH SHEAKH
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
118: REGINA BEGUM
W/O LATE ARJED ALI
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
Page No.# 31/69
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
119: CHANDMOHAMMAD ALI
S/O LATE SAHEB ALI
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
120: MD. MOKSHED ALI
S/O LATE ABDUL RAHMAN
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
121: SAFIUR ISLAM
S/O LATE LATE AMIR ALI
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
122: IBRAHIM ALI
S/O LATE RAHIM ALI
Page No.# 32/69
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
123: MD. SAYADUR RAHMAN
S/O LATE HASAN ALI
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
124: FULIJAN BEGUM
S/O LATE ALI HUSSAIN
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
125: MAHIBUDDIN AHMED
S/O LATE NAJIMUDDIN
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
Page No.# 33/69
126: MAHAMMAD ALI
S/O LATE SULEMAN ALI
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
127: ELIASH ALI
S/O LATE NOUSAD ALI
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
128: ABDUL RASHID
S/O LATE LATE ABDUL MAJID
VILLAGE- 1 NO. SINGIMARI
P.O. ROUMARI
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
129: TARINI BAISHYA
S/O LATE ADAN BAISHYA
VILLAGE- PACHARIA
P.O. PACHARIA
Page No.# 34/69
P.S.- HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
130: ATAUR RAHMAN.
S/O - LATE REZAB ALI
R/O- VILLAGE 1 NO. SINGIMARI
P.O.- PACHARIA
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
131: BASIRAN BIBI
W/O LATE ABDUL
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
132: MUKUT ALI
S/O LATE RAHIM ALI
R/O VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
133: NURUN NESSA BIBI
W/O LATE RAHMAT ALI
R/O VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
Page No.# 35/69
134: NAJIMUDDDIN AHMED
S/O LATE NAUSAD
R/O VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
135: ISLAM ALI
S/O LATE NOUSAD.
R/O VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
136: NABAB ALI
S/O AKBAR ALI.
R/O VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
137: MD. NURUDDIN ALI
S/O DEWANSA
R/O VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
138: SAMSUDDIN AHMED
S/O LATE NAZIMUDDIN AHMED
R/O VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
139: ALI AHMED
Page No.# 36/69
S/O LATE ABDUR RAHMAN
R/O VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
140: MATLAB ALI
S/O LATE ABDUR RAHMAN
R/O VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
141: SULEMAN ALI
S/O LATE REZAB ALI
R/O VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
142: JALIL ALI
S/O LATE OMARR ALI
R/O VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
143: MAHENDRA BAISHYA
S/O LATE CHANI RAM BAISHYA
VILLAGE PACHARIA
P.O.- PACHARIA
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
Page No.# 37/69
PIN 781104.
144: SAFIKUR RAHMAN
S/O MOSLEM ALI
R/O VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
145: NURUDDIN ALI
S/O ABDUR RAHMAN
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
146: RAFIK ALI
S/O ABDUR RAHMAN
VILLAGE 1 NO. SINGIMARI
P.O.- PACHARIA
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
147: DHANIA ALI
S/O SOLEMAN ALI
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
148: MASIUR RAHMAN
S/O LATE MAZIB ALI.
Page No.# 38/69
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
149: HASIM ALI
S/O ABDUR RAHMAN
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
150: MOHIBULLA ALI
S/O LATE MOHAMMAD ALI
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
151: NOUSHAD ALI
S/O JAMSHED SEKH.
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN - 781104
152: BHUPEN CHANDRA BAISHYA
S/O DIPORU BAISHYA
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
Page No.# 39/69
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
153: MD. AYAZ ALI
S/O LATE TAJU ALI
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
CONTD/-
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
154: MOFIJUR RAHMAN
S/O ABDUL GAFAR
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
155: ARAB ALI
S/O LATE NASIR ALI
VILLAGE AGGATHURY
P.O.- DADARA
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
156: AFAZ ALI
S/O LATE NASIR ALI
VILLAGE AGGATHURY
P.O.- DADARA
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
Page No.# 40/69
PIN 781104.
157: FULKAN BEGUM
D/O LATE NASIR ALI
VILLAGE AGGATHURY
P.O.- DADARA
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN - 781104
158: SAFIJAN BEGUM
D/O LATE NASIR ALI
VILLAGE AGGATHURY
P.O.- DADARA
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
159: PARIBANU BIBI
W/O LATE NASIR ALI
VILLAGE AGGATHURY
P.O.- DADARA
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
160: NUR MOHAMMAD ALI
S/O NURUDDIN AHMED
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
Page No.# 41/69
161: ASMA BEGUM
D/O NURUDDIN AHMED
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
162: ARJU BEGUM
D/O NURUDDIN AHMED
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
163: SAFIQUE ALI
S/O NURUDDIN AHMED
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN - 781104
164: MD. MAJNUR ALI
S/O ABDUL GAFAR
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN - 781104
165: SANARAM KALITA
S/O LATE BOGA RAM KALITA
Page No.# 42/69
VILLAGE PACHARIA (JOWANTOL)
P.O.- PACHARIA
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
166: AMRIT KALITA
S/O LATE NINGA RAM KALITA
VILLAGE PACHARIA(JOWANTOL)
P.O.- PACHARIA
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
167: SUNANDA KALITA
S/O LATE HARIDAS KALITA
VILLAGE PACHARIA(JOWANTOL)
P.O.- PACHARIA
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
168: KRISHNA KALITA
S/O SRI MOHAN KALITA
VILLAGE PACHARIA(MAZTOL)
P.O.- PACHARIA
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104
169: KRISHNA KALITA
S/O LATE NINGA RAM KALITA
VILLAGE PACHARIA(JOWANTOL)
P.O.- PACHARIA
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
170: RUBUL ALI
S/O JALIL ALI.
Page No.# 43/69
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
171: JEHERUL ISLAM
S/O MAHBUB ALI
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
172: DARUL ISLAM
S/O LATE SAUFIK ALI
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
173: ARBANU BIBI
S/O LATE ABDUL GAFAR
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
174: DILBANU BIBI
S/O LATE ABDUL GAFAR
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
Page No.# 44/69
175: EYAKUB ALI
S/O LATE AJMAT ALI
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
176: SIRAJ ALI
S/O LATE HAKIM ALI
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
177: MONOWARA BEGUM
W/O SONALI ALI
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
178: MONNAF ALI
S/O LATE ROSAD ALI
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
179: NARZI AKHTARA
D/O ARFAN ALI
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
Page No.# 45/69
PIN 781104.
180: NIRJU AKHTARA
D/O ARFAN ALI
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
181: MONTU ALI
S/O LATE KISMAT ALI
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
182: MOKSED ALI
S/O LATE ABDUR RAHMAN
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
183: MD. KASIM ALI
S/O LATE ABDUR RAHMAN
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
184: RATUL HUSSAIN
S/O JAMATUDDIN
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
Page No.# 46/69
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
185: NURUL HAQUE.
S/O LATE ABDUR RAHMAN
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
186: TABIBUR RAHMAN
S/O NURULLA ALI
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
187: LAL HUSSAIN ALI
S/O LATE AJIR ALI
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
188: JUNU BEGUM
W/O RAFIK ALI
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
Page No.# 47/69
189: KHASNUR ALI
S/O LATE ADIT ALI
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
190: MD. ZAKIR HUSSAIN
S/O LATE HAMIRALI
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
191: ARZED ALI
S/O LATE AJIR ALI
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
192: SAMSUL ALI
S/O LATE SAMSER ALI
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
193: NAJIMUDDIN ALI
S/O LATE JAMSED ALI
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
Page No.# 48/69
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
194: ABUL HUSSAIN
S/O LATE MUSLIM ALI
VILLAGE 1 NO. SINGIMARI
P.O.-
ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
195: HASMAT ALI
S/O LATE MOHAMMAD ALI
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
196: JUHIL CHOUDHURY
S/O TASLIM ALI
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN - 781104.
197: SIMI BEGUM.
W/O MATLEB ALI
VILLAGE 1 NO. SINGIMARI
P.O.- ROUMARI
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104.
Page No.# 49/69
198: PRADIP KR. DEKA
S/O LATE RAMESWARI DEKA
VILLAGE DADARA
P.O.- DADARA
P.S.-HAJO
DISTRICT- KAMRUP
ASSAM
PIN 781104
VERSUS
THE UNION OF INDIA AND 16 ORS
REPRESENTED BY THE SECRETARY, MINISTRY OF PETROLEUM AND
NATURAL GAS, GOVERNMENT OF INDIA,
SHASTRI BHAWAN, NEW DELHI- 110001.
2:THE COMMISSIONER AND SECRETARY
HOME AND POLITICAL DEPARTMENT
GOVERNMENT OF ASSAM
DISPUR
GUWAHATI 781006.
3:THE COMMISSIONER AND SECRETARY
LAND AND REVENUE DEPARTMENT
GOVERNMENT OF ASSAM
DISPUR
GUWAHATI 781006.
4:THE COMMISSIONER AND SECRETARY
AGRICULTURE DEPARTMENT
GOVERNMENT OF ASSAM
DISPUR
GUWAHATI 781006.
5:THE DIRECTOR GENERAL OF POLICE
ASSAM
ULUBARI
GUWAHATI-781007.
6:THE CHAIRMAN
POLLUTION CONTROL BOARD
Page No.# 50/69
ASSAM
HEAD OFFICE
BAMUNIMAIDAN
GUWAHATI- 21.
7:THE COMMISSIONER
LOWER ASSAM DIVISION
KAMRUP
PANBAZAR
GUWAHATI-1.
8:THE HONBLE DEPUTY COMMISSIONER
KAMRUP
AMINGAON
DISTRICT KAMRUP
ASSAM
PIN- 781031.
9:THE SUPERINTENDENT OF POLICE
KAMRUP
AMINGAON
DIST KAMRUP
ASSAM
PIN- 781031.
10:THE CIRCLE OFFICER (CIVIL)
HAJO REVENUE CIRCLE
KAMRUP
DIST- KAMRUP
ASSAM
PIN- 781102.
11:THE OFFICER IN-CHARGE
HAJO POLICE STATION
KAMRUP
ASSAM
PIN- 781102.
12:THE OFFICER IN-CHARGE
DADARA OUT POST
DADARA
Page No.# 51/69
KAMRUP
ASSAM
PIN- 781104.
13:THE CHIEF GENERAL MANAGER (HR)
NUMALIGARH REFINERY LTD. P.O.- N.R. COMPLEX
DIST GOLAGHAT
ASSAM
PIN 785699.
14:THE MANAGING DIRECTOR
NUMALIGARH REFINERY LTD. 122 A
G.S. ROAD
CHRISTIAN BASTI
GUWAHATI
ASSAM
PIN 781005.
15:THE DIRECTOR
TECHNICAL
NUMALIGARH REFINERY LIMITED. P.O.- N.R. COMPLEX
DIST GOLAGHAT
ASSAM
PIN 785699.
16:THE DIRECTOR
FINANCE
NUMALIGARH REFINERY LTD. P.O.- N.R. COMPLEX
DIST GOLAGHAT
ASSAM
PIN 785699.
17:THE GENERAL MANAGER
MARKETING AND BUSINESS DEVELOPMENT
NUMALIGARH REFINERY LTD. 122 A
G.S. ROAD
CHRISTIAN BASTI
GUWAHATI
ASSAM
PIN 781005
Page No.# 52/69
Advocate for the Petitioner : MR. M BHAGABATI
Advocate for the Respondent : ASSTT.S.G.I.
Linked Case : WP(C)/3989/2022
TARINI DEKA AND 6 ORS.
S/O LATE PRAN NATH DEKA
VILL-PACHARIA
UJANTOL
P.O.-PACHARIA
P.S.-HAJO
DIST-KAMRUP
ASSAM
2: HARI CHARAN KALITA
S/O SRI PUHA RAM KALITA
VILL-PACHARIA (UJANTOL)
P.O.-PACHARIA
P.S.-HAJO
DIST-KAMRUP
ASSAM
PIN-781104
3: BUDHI KALITA
S/O LATE TANU RAM KALITA
VILL-PACHARIA (JAWANTAL)
P.O.-PACHARIA
P.S.-HAJO
DIST-KAMRUP
ASSAM
PIN-781104
4: MOHAN CHANDRA DAS
S/O LATE BISHAY DAS
VILL-DADARA (AKHAITOL)
P.O.-DADARA
P.S.-HAJO
DIST-KAMRUP
ASSAM
PIN-781104
Page No.# 53/69
5: JADAB DEKA
S/O LATE THANU RAM DEKA
VILL- PACHARIA (UJANTOL)
P.O.-PACHARIA
P.S.-HAJO
DIST- KAMRUP
ASSAM
PIN-781104
6: HARI DEKA
S/O LATE KESHAV DEKA
VILL- PACHARIA (UJANTOL)
P.O.-PACHARIA
P.S.-HAJO
DIST- KAMRUP
ASSAM
PIN-781104
7: PRABHAT DEKA
S/O LATE PRAN NATH DEKA
VILL- PACHARIA
UJANTOL
P.O.-PACHARIA
P.S.-HAJO
DIST- KAMRUP
ASSAM
PIN-781104
VERSUS
THE UNION OF INDIA AND 16 ORS
REPRESENTED BY THE SECRETARY
MINISTRY OF PETROLEUM AND NATURAL GAS
GOVERNMENT OF INDIA
SHASTRI BHAWAN
NEW DELHI-110001
2:THE COMMISSIONER AND SECRETARY
HOME AND POLITICAL DEPARTMENT
GOVERNMENT OF ASSAM
DISPUR
GUWAHATI-781006
3:THE COMMISSIONER AND SECRETARY
LAND AND REVENUE DEPARTMENT
GOVERNMENT OF ASSAM
DISPUR
GUWAHATI-781006
4:THE COMMISSIONER AND SECRETARY
AGRICULTURE DEPARTMENT
Page No.# 54/69
GOVERNMENT OF ASSAM
DISPUR
GUWAHATI-781006
5:THE DIRECTOR GENERAL OF POLICE
ASSAM
ULUBARI
GUWAHATI-781007
6:THE CHAIRMAN
POLLUTION CONTROL BOARD
ASSAM
HEAD OFFICE
BAMUNIMAIDAM
GUWAHATI-21
7:THE COMMISSIONER
LOWER ASSAM DIVISION
KAMRUP
PANBAZAR
GUWAHATI-1
8:THE HONORABLE DEPUTY COMMISSIONER
KAMRUP
AMINGAON
DIST-KAMRUP
ASSAM
PIN-781031
9:THE SUPERINTENDENT OF POLICE
KAMRUP
AMINGAON
DIST-KAMRUP
ASSAM
PIN-781031
10:THE CIRCLE OFFICER (CIVIL)
HAJO REVENUE CIRCLE
KAMRUP
DIST-KAMRUP
ASSAM
PIN-781102
11:THE OFFICER IN-CHARGE
HAJO POLICE STATION
KAMRUP
ASSAM
PIN-781104
12:THE OFFICER IN-CHARGE
DADARA OUT POST
DADARA
KAMRUP
ASSAM
PIN-781104
13:THE CHIEF GENERAL MANAGER (HR)
Page No.# 55/69
NUMALIGARH REFINERY LTD.
P.O.-N.R. COMPLEX
DIST-GOLAGHAT
ASSAM
PIN-785699
14:THE MANAGING DIRECTOR
NUMALIGARH REFINERY LTD.
122 A
G.S. ROAD
CHRISTIAN BASTI
GUWAHATI
ASSAM
PIN-781005
15:THE DIRECTOR
TECHNICAL
NUMALIGARH REFINERY LIMITED
P.O.-N.R. COMPLEX
DIST-GOLAGHAT
ASSAM
PIN-785699
16:THE DIRECTOR
FINANCE
NUMALIGARH REFINERY LTD
P.O.-N.R. COMPLEX
DIST-GOLAGHAT
ASSAM
PIN-785699
17:THE GENERAL MANAGER
MARKETING BUSINESS DEVELOPMENT
NUMALIGARH REFINERY LTD.
122 A
G.S. ROAD
CHRISTIAN BASTI
GUWAHATI
ASSAM
PIN-781005
------------
Advocate for : MR. M BHAGABATI
Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 16 ORS
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 08/07/2022
Heard Mr. M. Bhagawati, the counsel appearing on behalf of the Petitioners and Mr. D.
Page No.# 56/69
Saikia, the learned Advocate General assisted by Mr. R. Borpujari, the learned counsel
representing the State of Assam. I have also heard Mr. J. Roy, the learned Senior Counsel
assisted by Mr. A. Goswami appearing for the Numaligarh Refinery Ltd. and Mr. S. Borthakur,
the learned counsel appearing on behalf of the Union of India
2. When the matters were taken up at the stage of motion, the matters were
preliminarily heard between the parties and this Court had reserved the order on 30/6/2022.
3. Both the writ petitions have been filed challenging the acquisition process for setting
up of the marketing terminal of Numaligarh Refinery Limited in the area mentioned in the
schedule to the notices dated 27/12/2021, 5/1/2022 and 13/1/2022 and 23/3/2022; the order
dated 5/4/2022 as well as the order dated 10/5/2022 passed by the Collector, Kamrup and
Deputy Commissioner, Kamrup, Amingaon, Assam.
4. Before proceeding with the matter, it would be relevant to take note of that in W.P.(C)
No. 3528/2022 there are 198 writ petitioners and in W.P.(C) No. 3989/2022 there are 7 writ
petitioners. As the interest of each of the writ petitioners are separate as they complained
about the the acquisition proceedings in respect to their respective lands, this Court deems it
proper to direct the writ petitioners to deposit the court fees before the Registry of the Court
against each of the petitioners. The same shall be done within 7 days of the instant order.
5. From a perusal of the writ petitions and more particularly Annexure- 1, 2, 3 and 4, it
appears that notice under Form-A was issued by the Collector, Kamrup and Deputy
Commissioner, Kamrup, Amingaon in exercise of the powers under second proviso to Section
3(1) of the Assam Land (Requisition and Acquisition) Act, 1964 (for short, "the Act of 1964")
read with Rule 3 of the Assam Land (Requisition and Acquisition) Rules, 1964 (in short "the
Page No.# 57/69
Rules of 1964). A perusal of the said notices would reflect that the lands described in the
schedule to the said notices are necessary to be requisitioned based on the requisition made
by the Chief General Manager, (Marketing) Numaligarh Refinery Limited vide Letter No.
NRL/MKTG/GHYPT/Land dated 15/9/2021 and it was proposed that the said land mentioned
in the schedule to said notices is required to be requisitioned under File No. KRA-
51/Singimari/Gariapara Pacharia/2021 for providing land to the Chief General Manager
(Marketing) Numaligarh Refinery Limited to implement the scheme "Setting Up NRL's
Guwahati Marketing Terminal at village Gariapara, Pub Bongshar Mouza under Hajo Revenue
Circle of Kamrup District." Vide the said notices the persons interested were called upon to
make representations in writing within 15 days of the date of service of the notice as to why
the land described in the schedule to the said notices should not be requisitioned. It appears
on record that pursuant to the abovementioned notices various objections were filed with a
prayer not to requisition any land.
6. Thereupon on 5/4/2022, an order was passed by the by the Collector, Kamrup and
Deputy Commissioner, Kamrup, Amingaon stating inter alia that the Circle Officer, Hajo
Revenue Circle had forwarded the proposal of land acquisition in connection with acquisition
of land for setting up of marketing terminal by the NRL vide Letter No.
HRC.Acquisition/14/2021/38 dated 7/1/2022 in Village No. 1 Singimari of the land
measuring 205Bs 02K 12Ls of Pub Bongshar Mouza under Hajo Revenue Circle. It was further
mentioned that various lands in different Dag Nos. were excluded from acquisition as it fell
under the religious place, residential place and cemetery ground. Further to that, the
Collector-cum- Deputy Commissioner, Kamrup, Amingaon observed in the said speaking order
dated 5/4/2022 that in greater interest of industrial development as well as generation of
Page No.# 58/69
employment opportunities the acquisition was justified. It is stated that the compensation of
the said acquisition of land will be paid to the pattadars as per the Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and all the
objections were turned down. Further to that, it was mentioned that as per the provisions of
the Act of 1964 further steps would be initiated.
7. Subsequent there to, vide another order dated 10/5/2022 issued in terms with Form-C
of the Rules of 1964, the recorded pattadars were directed to surrender or deliver possession
of the requisitioned land to the Circle Officer, Hajo, Revenue Circle being the person
authorized in that behalf by the Collector within 10 days from the date of service of the order
for the purpose of setting up of NRL Guwahati Marketing Terminal at Village No. 1 Singimari
under Mouza Pub Bongshar under Hajo Revenue Circle.
8. By the two writ petitions, therefore, the petitioners have challenged the said
acquisition proceedings as well as also the notices enclosed as Annexure- 1, 2, 3 and 4 to the
writ petitions and the orders dated 5/4/2022 and 10/5/2022 respectively.
9. At the time when the matter was taken up for motion, the Deputy Commissioner,
Kamrup, Amingaon had filed a short affidavit stating inter alia at paragraph No. 4 of the said
affidavit in opposition that the land acquisition proceedings which is the subject matter of the
instant writ petitions have been initiated by the office of the Deputy Commissioner, Kamrup,
Amingaon for the purpose of setting up of NRL Guwahati Marketing Terminal village
Gariapara, Pacharia, 1 No. Singimari and Napara Pacharia of Pub Bongshar Mouza under Hajo
Revenue Circle of Kamrup District. It was mentioned that the Marketing Terminal of the NRL
shall be a petroleum storage and tanker loading terminal and shall follow all safety and
Page No.# 59/69
environmental norms. Further to that in paragraph No. 5 of the said affidavit in opposition, it
was mentioned that notices were issued to all the recorded land holders/pattadars.
Subsequently, meetings with the pattadars and the local public were held by the district
administration alongwith NRL officials involving the Gaon Pradhans. After due explanation
about the NRL marketing terminal projects, its benefit in development of the local area,
employment and business opportunity, the safety and environmental protection that will be
incorporated in the terminal project, the pattadars along with the local public willingly gave
consent to the land acquisition process. It was also mentioned that those who have objected
were personally heard and vide a speaking order dated 5/4/2022, the office of the Deputy
Commissioner, Kamrup, Amingaon rejected the said objection. Further to that in paragraph
No. 6 of the said affidavit in opposition, it was mentioned that though the land acquisition
proceedings have been initiated under the provisions of the Act of 1964 but in view of the
Government Circular No.RLA.300/2013/PR-1/10 dated 8/5/2015 all benefits like additional
compensation, rehabilitation to displaced persons and protection to land owners will be
provided under the Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (for short the "Act of 2015"). It was mentioned in
paragraph 8 of the said affidavit in opposition that vide Government Notification No.
RLA.300/2013/PT/160 dated 7/4/2022, the District Collectors of the Districts of Assam except
the 6th Schedule Areas have been empowered to act as the "appropriate government" as per
the proviso to Clause (e) of Section 3 of the Act of 2013 read with Rule 2(1) (b) of the
Assam Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Rules, 2015(for short "the Assam Rules of 2015").
10. In the backdrop of the above, it would be relevant to take note of the contentions so
Page No.# 60/69
raised by the learned counsels for the parties.
11. Mr. M. Bhagawati, the learned counsel appearing on behalf of the petitioners submitted
that Article 300A of the Constitution of India confers a constitutional right to each of the
petitioners to the effect that the person shall not be deprived of his/her/their property save
by the authority of law. The authority of law which has been imposed upon the petitioners
could not have been the provisions of the Act of 1964 inasmuch as Section 3 of the said Act
of 1964 do not confer a power to requisition land for NRL for setting up a Marketing Terminal.
He submits that the Numaligarh Refinery Limited (NRL) is a Company incorporated under the
provisions of the Companies Act, 1956 and the said Company has not been incorporated for
the benefit and rehabilitation of landless, flood affected or displaced persons. The purpose of
requisition as has been sought to be done vide Annexure 1, 2, 3 and 4 of the writ petitions
have been specifically spelt out for setting up of NRL Guwahati marketing terminal. He
therefore submits that the power under Section 3 of the Act of 1964 could not have been
exercised in the facts of the instant case. The learned counsel further submits that Rule 3 of
the Rules of 1964 stipulates the manner of submission of representation by interested
persons when land is necessary to be requisitioned for landless or displaced persons.
Referring to Annexures 1, 2, 3 and 4 of the writ petition which are purportedly in terms with
Form-A, he submits that a perusal of Form-A as mentioned in the Rules of 1964 categorically
states the necessity for requisition of the land for providing land to landless or displaced
persons. Referring to Rule 3, 4 and 5, the learned counsel further submits that a conjoint
reading of the said Rules would show that while Rule 3 stipulates that the information shall
be given in the form of a notice in Form-A but as regards Form-B, Rule 4 stipulates that the
order of requisition under Section 3(1) shall be in Form-B as far as may be with such
Page No.# 61/69
modification, if any, as may be necessary. Again referring to Rule 5, the learned counsel
submitted that the order under Section 4(1) of the Act of 1964 shall be in Form-C where the
surrender or delivery of possession is to be made to any person other than the Collector. The
learned counsel therefore submits that when in a statute different words are being employed,
a literal interpretation should be given. He further submits that a perusal of Section 6 of the
Act of 1964 would show that it is the State Government who has the authority to decide as to
whether the land is required to be acquired or not. But in the instant case, a perusal of the
impugned order dated 5/4/2022 would clearly show that the Deputy Commissioner-cum-
Collector while disposing off the objections had already decided that the land would be
acquired and under such circumstances the order dated 5/4/5022 is on the face of it contrary
to Section 6 of the Act of 1964.
12. On the other hand, Mr. D Saikia, the learned Advocate General submitted that the land
although requisitioned under the Act of 1964 is required to be acquired for the purpose of
setting up of the Numaligarh Refinery Limited Guwahati Marketing Terminal which shall be a
petroleum storage and tanker loading terminal. He submits that the setting up of the said
marketing terminal of the NRL is required for maintaining supplies and services essential to
the life of the community as well as for providing proper facilities for transportation. Relying
on a Division Judgment of this Court in the case of Indira Mohon Chakraborty and Ors. Vs.
State of Assam & Ors. reported in 1989 (2) GLR 281, the learned Advocate General submitted
that in the said judgment, the Division Bench of this Court held that the requisition and
acquisition of the land for establishment of market by the municipality was held to come
within the ambit of Section 3 (1) of the Act of 1964. He further submitted that Numaligarh
Refinery Limited is a state within the meaning of Article 12 of the Constitution and the State
Page No.# 62/69
of Assam being a shareholder of the said company the requisition and acquisition of land for
the purpose of setting up of a marketing terminal would come within the ambit of Section 3
(1) of the Act of 1964. Further to that he submitted that the "persons interested" in terms
with the communication dated 8/5/2015 shall be entitled to all benefits like additional
compensation, rehabilitation to displaced persons and protection to land owners as is
provided under the Act of 2013 and as such as to whether the acquisition has been made
under the Act of 2013 or the Act of 1964 has no relevance as the power is there of the State
Government to acquire the land for the purpose of setting up of the marketing terminal for
the Numaligarh Refinery Limited.
13. Mr. J. Roy, the learned senior counsel appearing on behalf Numaligarh Refinery Limited
submits that the acquisition of the said land is very much essential for the purpose of setting
up of the marketing terminal. He submits that there being no marketing terminal in this
region of Assam, there is huge backlogs and delays in effecting the transportation of the
refined oil so manufactured by the Numaligarh Refinery Limited. He further submitted that it
is only a few petitioners who have approached this Court challenging the acquisition
proceedings although there are various persons who have consented to the acquisition
proceedings.
14. Upon hearing the learned counsel for the parties, as this Court is presently taking up
the matter only on a preliminary hearing, it would be relevant to take note of some of the
provisions of the Act of 1964 as well as the Act of 2013 to consider in the facts of the instant
case as to whether the petitioners are entitled to any interim protection. The Act of 1964 is
an Act to amend and consolidate the law relating to requisition and speedy acquisition of
premises and land for certain public purpose. Section 3 thereof deals with the power to
Page No.# 63/69
requisition. The power to requisition is conferred to the State Government or to any person
authorized in this behalf by the State Government. The purpose of such requisition is
mentioned in Sub-Section (1) of Section 3 itself. This includes maintaining supplies and
services essential to the life of the community or for providing proper facilities for
accommodation, transport, communication, irrigation, flood control and anti-erosion measures
including embankment and drainage or for providing the land individually or to a group of
landless, flood affected or displaced persons or to Co-operative Societies or Companies
incorporated under the provisions of the Companies Act, 1956 formed for the benefit of
rehabilitation of landless, flood affected or displaced persons or to provide the land for the
purpose of construction of border fencing and allied works, including border roads and check
post connected therewith along the Bangladesh border. There is no proviso to Sub-Section
(1) of Section 3; not to speak of any 2 nd proviso. As per Sub-Section (2) of Section 3, an
order under Subsection (1) shall be served in the prescribed manner on the owner of the land
and where the order relates to land in occupation of a tenant, also on such tenant. Under
Sub-section (3) where an order for requisition is made by any authority other than the State
Government, any persons interested in the land may appeal to the State Government within
30 days from the date of service of the order and decision of the State Government in such
an appeal shall be final. Section 3 of the Act of 1964 being crucial to the instant proceedings
is quoted herein below:-
"3. Power to requisition .- (1) If in the opinion of the State Government or any person
authorized in this behalf by the State Government it is necessary so to do, for
maintaining supplies and service essential to the life of the community or for providing
proper facilities for accommodation, transport, communication, irrigation, flood control
and anti-erosion measures including embankment and drainage or for providing land
Page No.# 64/69
individually or in groups to landless, flood affected or displaced persons, or to a society
registered under the Assam Co-operative Societies Act, 1949()Assam Act I of 1950), or
a company incorporated under Companies Act, 1956 (Act I of 1956), formed for
benefit and rehabilitation of landless, flood affected or displaced persons [or to provide
land for the purpose of construction of border fencing and allied works, including
border roads and check posts connected therewith, along Bangladesh border] the
State Government or the person so authorized, as the case may be, may by order in
writing, requisition any land and may make such further orders as appear to it or to
him to be necessary or expedient in connection with the requisitioning.
(2) An order under sub-section (1) shall be served in the prescribed manner on the
owner of the land and where the order relates to land in occupation of a tenant, also
on such tenant.
(3) When the order for requisition is made by any authority other than the State
Government, any person interested in the land, within 30 days from the date of service
of the order, may appeal to the State Government and the decision of the State
Government in such appeal be final."
15. While taking into account Section 3 of the Act of 1964, it would also be useful to refer
to Rule 3 of the 1964 Rules. Rule 3 deals with the manner of submission of representation by
the interested persons when the land is necessary to be requisitioned for landless or
displaced persons. It says that where it is necessary to requisition any land for landless or
displaced persons, the persons interested in the land shall be informed of the intention of
requisitioning his/her/their land and as such the said person may make written
representation, if any against such requisition within 15 days from the date of receipt of such
information which shall be in Form-A. Such representation when received shall be disposed
off by the State Government and the person authorized to requisition the land as the case
may be, after due consideration. At this stage, it is also interesting to read Form-A. It is
Page No.# 65/69
supposed to be issued under Rule 3 and "second proviso" to Section 3(1) of the 1964 Act.
But as noticed above, there is no second proviso to Section 3 (1) of the 1964 Act but the
Form mentioned it to be a notice and order thereunder. It further transpires that the Rule 3 of
the 1964 Rules, only comes into play when the requisition of the land is necessary for
landless or displaced persons and not for other purposes as stipulated in Section 3(1) of the
Act of 1964. Therefore, the corollary which follows is that when a land is sought to be
requisitioned for purposes other than for the landless or displaced persons, the right to
representation seems to be not there.
16. Be that as it may, reverting back to the Act of 1964, Section 4 empowers the
requisitioning authority to take possession of the requisitioned land. Section 6 of the Act of
1964 is the power conferred upon the State Government to acquire the requisitioned land.
Neither the term "State Government" has been defined in the Act of 1964 nor the said Act of
1964 legislatively incorporated the provisions of the Land Acquisition Act, 1894 as well as the
Act of 2013 in that regard. It is relevant at this stage to mention that, vide the provisions of
Section 2(a), 6(3), 11(3), 12(2) of the Act of 1964 the provisions of Section 3(b), 16, 11, 18
to 28A of the Land Acquisition Act, 1894 have been incorporated to the provisions of the Act
of 1964 on the basis of the principle known as legislation by incorporation. Therefore, prima
facie the other provisions of Land Acquisition Act, 1894 cannot be read in to the provisions of
the Act of 1964.
17. A reading of the said Section 6 of the Act of 1964 would show that where it becomes
necessary and the State Government has decided to acquire the requisitioned land, a notice
has to be issued in the Official Gazette to the effect that the State Government has decided to
acquire the requisitioned land. It is only from the date of such notice published in the Official
Page No.# 66/69
Gazette that the requisitioned land would vest absolutely on the State Government free from
all encumbrances and the period of requisition of such land shall end, whereafter provisions
of the Land Acquisition Act, 1894 with the Rules framed thereunder may apply to such land.
Therefore, it is the State Government who is only empowered under the Act of 1964 to
decide and issue notice of the acquisition of land.
18. For the purpose of the present litigation, it may not be necessary to examine the other
provisions of the Act of 1964. But from an overall understanding of the scheme of the Act of
1964 as expressed through Section 3 to 6 thereof, it is evident that the Act visualizes two
situations viz., at the first stage requisition of the land for the reasons mentioned in Section
3(1). During the period of requisition, the land owner or the tenant or the persons interested
in the land are entitled to requisition compensation. However, if the requisition of land
acquires a permanent character, then it would be open to the State Government to acquire
such land by invoking the power under Section 6 of the 1964 Act which decision must be
published in the Official Gazette. On and from the publication of such notice in the Official
Gazette, requisition of the land would come to an end and the provisions of the Land
Acquisition Act, 1894 & the Rules framed thereunder would come into play.
19. Now coming to the impugned notices, it prima facie appears that the said notices have
been issued for requisition of the land mentioned in the Schedule to the said notices marked
as Annexures 1, 2, 3 and 4 of the writ petition for the purpose of setting up of the marketing
terminal of the Numaligarh Refinery Limited. The stand taken by the respondent authorities in
their affidavit in opposition as well as order dated 5/4/2022 would prima facie show that the
land had been taken permanently. To understand as to why the Act of 1964 has been invoked
though admittedly it's a pure and simple case of land acquisition, would require a detailed
Page No.# 67/69
examination of the matter on the basis of pleadings and perusal of records. More so when the
Act of 2013 squarely covers the field for acquisition.
20. Another pertinent aspect which needs to be looked into as to whether Section 3(1) of
the Act of 1964 would be applicable for requisition of the land for the purpose of setting up of
Marketing Terminal of Numuligarh Refinery Ltd. Though the learned Advocate General had
stated that the Numuligarh Refinery Limited is a "State" within the meaning of Article 12 of
the Constitution and the Government of Assam has substantial shares in the said Company
but from a perusal of the shareholding of the said Company as on 3 rd of January, 2022, it
would show that the Government of Assam only holds 26% of the share holding whereas Oil
India Pvt. Limited holds 69.63% and Engineers India Ltd holds 4.37%. Therefore, the
question arises as to whether the requisition of land for construction of a permanent
Marketing Terminal by the NRL can be construed as requisition of land for the State of Assam,
that too when the State of Assam only holds 26% of the share holding.
21. Now let this Court take into consideration the submission of the learned Advocate
General to the effect that the State of Assam has the power both under the Act of 1964 as
well as the Act of 2013 and as the person interested would be entitled to all the benefits of
compensation and rehabilitation measures under the Act of 2013, the writ petitioners cannot
be the person aggrieved. Prima facie the said contention though looks attractive but taking
into consideration the provisions of the Act of 2013 and more particularly Section 38 and 40
of the Act of 2013, the question of grievances of the petitioners for taking up the acquisition
under the provisions of the Act of 1964 cannot be brushed aside for which this Court deems it
proper to issue notice. More so, when the Act of 2013 clearly envisages the time within which
Page No.# 68/69
the benefits would have to be given; the benefits when urgency clause for acquisition is
initiated viz, Section 40(3) and 40(5) of the Act of 2013 in contradistinction to Section 9 of
the Act of 1964 and the avenues available to the persons interested to ventilate their
grievances is limited under the Act of 1964.
22. Another aspect which is required to be taken note of is as to whether the Deputy
Commissioner-cum- Collector within his jurisdiction to pass the order dated 5/4/2022
whereby he observed about going ahead with the acquisition proceedings without the State
Government notifying its intention to acquire the land in the Official Gazette, the aspect
specifically dealt with in paragraphs 16 & 17 hereinabove. The above questions arises for
consideration in the instant proceedings can only be adjudicated upon perusal of the records
and also upon detailed affidavit being filed by the parties concerned.
23. Issue notice, returnable on 5th of August, 2022.
24. The Respondents are duly represented. Extra copies of the writ petitions be served to
the Standing Counsel of each of the respondents departments within 3(three) days. As
regards the respondent Nos. 13 to 17, extra copies of the writ petitions be served to Mr. A.
Goswami appearing for the Numaligarh Refinery Limited within 3(three) days.
25. It is relevant to mention that if the impugned orders dated 5/4/2022 as well as
10/5/2022 and the acquisition proceedings are not stayed the filing of the instant proceedings
would become otiose. Therefore both principles of balance of convenience and irreparable
loss, harm and injury, if looked into would be in favour of passing interim directions
protecting the rights of the writ petitioners at this stage. Under such circumstances, this
Court is of the opinion that the status-quo be maintained in respect to the possession of the
Page No.# 69/69
lands mentioned in the Schedule to the Annexures 1, 2, 3 and 4 of the writ petitions and
further proceedings pursuant to Annexures 1, 2, 3 and 4 of the writ petitions be stayed till the
next date. The respondents are directed to file their affidavits on or before 27 th of July, 2022.
If the petitioners want to file their reply, the said replies are required to be filed on or before
3rd of August, 2022. It is made clear that if the petitioners do not deposit the deficit court
fees as directed herein above, the interim order shall stand vacated after the expiry of 7 days
from today.
26. Taking into consideration that this Court had stayed the requisition/acquisition
proceedings, the instant matter requires expeditious disposal for which the instant matter
would be taken up for final disposal on 5th of August, 2022.
JUDGE
Comparing Assistant
