Page No.# 1/4 vs Dilip Kumar Thapa And 6 Ors
2023 Latest Caselaw 647 Gua

                                                                  Page No.# 1/4

GAHC010003742023




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : WP(C)/92/2023

         THE STATE OF ASSAM AND ANR.
         REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, REVENUE AND
         DISASTER MANAGEMENT DEPTT., DISPUR, GHY-6

         2: THE DY. COMMISSIONER
          DIST.- KAMRUP
         AMINGAON
          PIN- 78103

         VERSUS

         DILIP KUMAR THAPA AND 6 ORS.
         S/O- LT. MUKTA BAHDUR THAPA, R/O- SILA GRANT (KATING PAHAR), P.O.
         AMINGAON, P.S. CHANGSARI OF DIST. KAMRUP PIN- 781031

         2:TILO PRASAD SARMA
          S/O- LT. BRINASPATI SARMA
          R/O- SILA GRANT (KATING PAHAR)
          P.O. NORTH GUWAHATI
          P.S. NORTH GUWAHATI OF DIST. KAMRUP PIN- 781031

         3:PITAMBER RAWALKER
          S/O- LT. SMTI DHANPATI GOWALA R/O- AMINGAON
          EAST RAILWAY COLONY
          P.O. AMINGAON
          P.S. NORTH GUWAHATI OF DIST. KAMRUP PIN- 781031

         4:KESHAB THAKURIA
          S/O- LT. DAYA RAM THAKURIA OF RESIDENT GHORAMARA
          NORTH GUWAHATI P.O. NORTH GUWAHATI
          P.S. NORTH GUWAHATI OF DIST. KAMRUP
          PIN- 781030

         5:MD. HANIF AHMED
                                                                    Page No.# 2/4

             S/O- LT. MAFIJUDDIN AHMED
             R/O- AMINGAON
             I.C.D. COLONY
             P.O. AMINGAON
             P.S. NORTH GUWAHATI OF DIST. KAMRUP
             PIN- 781031

            6:THE UNION OF INDIA
             REP. BY THE SECY. TO THE GOVT. OF INDIA
             MINISTRY OF HIGHER EDUCATION
             SHASTRI BHAWAN
             NEW DELHI- 110001

            7:THE DIRECTOR
             INDIAN INSTITUTE OF TECHNOLOGY
             NORTH GUWAHATI
            AMINGAON
             PIN- 78103

Advocate for the Petitioner   : MR. R BORPUJARI

Advocate for the Respondent : DY.S.G.I.




                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                          ORDER

Date : 20.02.2023

Heard Mr. R. Borpujari, learned Standing Counsel, Revenue Department for the petitioner; Ms. A. Gayan, learned Central Government Counsel for the respondent no. 6; and Mr. R.P. Kakati, learned Senior Counsel assisted by Mr. A.B. De, learned counsel for the respondent no. 7.

2. The State of Assam has approached this Court by instituting this writ petition seeking inter alia a direction to the respondent no. 6 and the respondent no. 7 to disburse the compensation amount of Rs. 4,63,38,592/-, payable to the decree holders in terms of the common judgment and order Page No.# 3/4

dated 28.06.2005 passed by the reference Court in a number of reference applications filed under Section 18, Land Acquisition Act, 1894, as amended. It is contended on behalf of the petitioners that the petitioner no. 2 had initiated the Land Acquisition proceedings vide Land Acquisition Case no. 14/1991 for the purpose of acquiring parcels of lands to set up the Indian Institute of Technology [IIT]. The petitioner no. 2 had passed the Award on 06.06.1994 and aggrieved by the amount of compensation determined by the petitioner no. 2 in the said Award, the respondent nos. 1 - 5 amongst others, had preferred applications under Section 18, Land Acquisition Act, 1894, as amended, and the reference Court of learned Ad-Hoc Additional District Judge no. 3, Kamrup, Guwahati passed a common judgment dated 28.06.2005 and decrees thereafter enhancing the market value of the land to Rs. 1,25,000/- per bigha along with other directions. According to the petitioners, the estimated revised decretal amount would be Rs. 4,63,38,592.47/-. As the decree holders have initiated execution proceedings due to non-receipt of the revised compensation amount in terms of the judgment of the Referral Court against the petitioner no. 2 as the judgment-debtor, the petitioners have approached this Court seeking the above direction.

3. Issue notice, returnable on 20.03.2023.

4. As Ms. Gayan, learned Central Government Counsel has appeared and accepted notice on behalf of the respondent no. 6; and Mr. De, learned counsel, has appeared and accepted notice on behalf of the respondent no. 7, no formal notices need to be issued to the said respondents. Mr. Borpujari, learned Standing Counsel, Revenue Department for the petitioner shall, however, furnish requisite nos. of extra copies of the writ petition along with annexures to Ms. Page No.# 4/4

Gayan and Mr. De within 3 [three] working days from today.

5. The petitioner shall take steps for service of notice upon the respondent nos. 1 - 5 by registered post with A/D within 3 [three] working days from today.

JUDGE

Comparing Assistant