Nakir Uddin vs The State Of Assam And 3 Ors
2023 Latest Caselaw 2604 Gua

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GAHC010118382023




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

                                    Case No. : WP(C)/3495/2023

             NAKIR UDDIN
             S/O- LATE HAZI ROHIZUDDIN, VILL.- RAJAPARA PART-VII, P.O. JAKUAR
             CHAK, P.S. FAKIRGANJ, DIST. DHUBRI, ASSAM


             VERSUS

             THE STATE OF ASSAM AND 3 ORS
             TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
             GOVT. OF ASSAM, REVENUE DEPARTMENT, DISPUR, GUWAHATI-6.
             2:THE DEPUTY CHIEF ENGINEER (CON), NF RAILWAY
              JOGIGOPHA, DHUBRI.
             3:THE UNION OF INDIA
              REPRESENTED BY THE GENERAL MAZUMDER (CON) N.F. RAILWAY
              MALIGAON, GUWAHATI-781011.
             4:THE DEPUTY COMMISSIONER CUM DISTRICT COLLECTOR DHUBRI
              P.S. AND DIST. DHUBRI, ASSA

Advocate for the Petitioner    : MR. K A MAZUMDER

Advocate for the Respondent : GA, ASSAM




                                    BEFORE
                    HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                               ORDER

Date : 19.6.2023 Heard Mr. K.A. Mazumdar, learned counsel for the petitioner. Also heard Ms. N. N. Sarma, learned counsel on behalf of Mr. K. Gogoi, learned CGC Respondent Nos. 2 to 4 and Ms. G. Hazarika, learned Standing Counsel for the respondent No.1.

The petitioner claims that although part of the award in respect of the land acquisition was paid Page No.# 2/2

but the petitioner is also entitled to the interest which has accrued on the award for the period from 20.5.2016 till 21.12.2017 as well as for the subsequent period from 22.12.2017 till date and despite the representation of the petitioner, the grievance of the petitioner was not redressed, the present writ petition is filed under Article 226 of the Constitution of India.

As the petitioner is seeking enforcement of the enhanced award passed by the learned Addl. District Judge, Dhubri in LA Case No. 23/2014 which was disposed of by the judgment and award dated 27.7.2015, this Court is of the considered opinion that in view of the provision of Section 26 (2) read with Section 53 of the Land Acquisition Act, 1894 award of the court can be executing Court. Hence, this writ petition stands closed by providing that it will be open to the petitioner to approach the jurisdictional executing Court, if so advised, for enforcement of the award.

JUDGE

Comparing Assistant