Gauhati High Court
WP(C)/2464/2017 on 17 May, 2023
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GAHC010020902017
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WRIT PETITION (C) No. 2464/2017
Harish Ali Barbhuiya, S/o Lt. Nenu Mia Laskar, R/o Village
- Ramnagar [Tillargram], P.O. Tarapur Khelma, District -
Cachar, Assam.
..................Petitioner
-Versus-
1. The State of Assam, Represented by its
Commissioner and Secretary To The Government of
Assam, Land and Revenue Department, Dispur, Guwahati
-6.
2. The Joint Secretary, Government of Assam,
Revenue and Disaster Management Department, Dispur,
Guwahati -6.
3. The Deputy Commissioner-cum-Collector, Cachar at
Silchar, District - Cachar, Assam.
4. The Settlement Officer, Cachar at Silchar, P.O. -
Silchar, District - Cachar, Assam.
5. The Union of India, Represented by the Secretary
to the Government of India, Ministry of Defence, New
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Delhi, Pin - 110001.
6. The Estate Officer, Gauhati Circle, Old Army School
Building, Narengi Military Station Satgaon, Guwahati -27.
7. Station Commandant, Masimpur Military Station,
P.O. Arunachal, District - Cachar, Pin - 788025
...................Respondents
Advocates :
Petitioner : Mr. N.H. Laskar, Advocate
Respondent nos. 1 & 2 : Ms. G. Hazarika, Standing Counsel,
Revenue and Disaster Management Department.
Respondent nos. 3 & 4 : Mr. N. Goswami, Junior Government Advocate
Respondent nos. 5, 6 & 7 : Mr. H. Gupta, Central Government Counsel
Date of Judgment & Order : 17.05.2023
BEFORE
HON'BLE MR. JUSTICE MANISH CHOUDHURY
JUDGMENT & ORDER
Heard Mr. N.H. Laskar, learned counsel for the petitioner; Ms. G. Hazarika,
learned Standing Counsel, Revenue and Disaster Management Department for
the respondent nos. 1 & 2; Mr. N. Goswami, learned Junior Government
Advocate, Assam for the respondent nos. 3 & 4; and Mr. H. Gupta, learned
Central Government Counsel for the respondent nos. 5, 6 & 7.
2. The petitioner has claimed that he is the owner of a few parcels of land, in
total, 83 Bighas, 7 Kathas & 10 Chattaks, covered by Dag no. 40, 83, 266, 267
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Kha & 268 & Patta no. 7, located at Village - Tarapur Part-II, Pargona -
Barakpar, Silchar, District - Cachar, Assam. Annexing supporting documents with
regard to his such claim, it is contended by the petitioner that the said parcels
of land measuring 83 Bighas, 7 Kathas and 12 Chataks were acquired by the
respondent authorities by acquisition proceedings initiated vide L.A. Case no.
12/2008-2009 for public purpose, viz. 'Construction of acquired land at
Masimpur for the purpose of Defence [Pocket land]'.
3. From the Notification bearing no. RLA142/2009/2 dated 23.07.2009 and
published in the Assam Gazette in its issue dated 23.07.2009, the Revenue &
Disaster Management Department, Government of Assam issued a Notification
under Section 4 of the Land Acquisition Act, 1894 ['the L.A. Act, 1894', for short]
intimating that the lands within the boundaries described therein measuring
more or less 196 Bighas, 1 Katha and 12 Chattaks in Village - Tarapur-II, Ph.
Barakpar, Sub-Division - Silchar in the district of Cachar was likely to be needed
for a public purpose viz. 'Construction of acquired land at Masimpur for the
purpose of Defence [Pocket Land]'. The said Notification under Section 4 was
issued in exercise of the power under Section 17[4] of the L.A. Act, 1894.
3.1. The Notification under Section 4 of the L.A. Act, 1894 dated 23.07.2009
was followed by a Declaration under Section 6 of the L.A. Act, 1894 bearing no.
RLA.142/2009/24 dated 17.05.2010 for the same area of land, that is, 196
Bighas, 1 Katha and 12 Chattaks.
3.2. Both the Notifications dated 23.07.2009 and the declaration dated
17.05.2010 of the L.A. Act, 1894 were in connection with L.A. Case no.
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12/2008-09. In the Schedule of land mentioned in the Notification under Section
4 and Declaration under Section 6 of the L.A. Act, 1894, the parcels of land in
respect of which the petitioner has claimed to be the owner, are reflected.
4. It is on the basis of the above two notifications, the petitioner had
approached this Court earlier by a writ petition, W.P.[C] no. 5404/2015, claiming
that his parcels of land were acquired by the respondent authorities and that
despite assessment of compensation amounts, the compensation amounts were
not disbursed to the petitioner. It was projected therein since no compensation
amount was released in favour of the petitioner and as in the meantime, the
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013 ['the RFCTLARR Act, 2013', for short] has come into
effect repealing the L.A. Act, 1894, the petitioner was entitled to be awarded
compensation in terms of the provisions of the RFCTLARR Act, 2013. The
petitioner has made reference to an order dated 22.12.2010 passed earlier in
connection with a writ petition, W.P.[C] no. 6737/2010. When the writ petition,
W.P.[C] no. 5404/2015 came up for consideration on 11.09.2015, it was noticed
that due steps were being taken in asking the requiring authority for making
assessment of Zirat, etc. as per the provisions under the RFCTLARR Act, 2013.
After noticing so, the Court had observed that there was no necessity to keep
the writ petition pending, save and except, making a direction to the Deputy
Commissioner-cum-Collector, Cachar, Silchar [the respondent no. 3 herein] to
take steps for ensuring expeditious action on the part of the requiring authority
for making fresh assessment in terms of the RFCTLARR Act, 2013. It was
accordingly ordered.
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5. From the stands taken by the respondent no. 3 in its counter affidavit in the
present writ petition, it has emerged that after publication of the Notification
under Section 4 and the Declaration under Section 6 of the L.A. Act, 1894, a
land acquisition estimate amounting to Rs. 8,86,27,702/- was prepared and
forwarded to the Requiring Authority i.e. the Indian Army for placement of fund
at the disposal of the Collector, Cachar but in spite of several communications,
the requiring department, i.e. Indian Army did not deposit any fund towards the
land acquisition estimate and as such, there was no scope on his part to make
payment of compensation amount for land acquisition to the concerned
pattadars/parcels interested including the present petitioner.
6. It has emerged that HQ 57 Mtn Div [Q] vide Convening Order no.
57424/13/Q3 dated 25.08.2014, later amended vide HQ 57 Mtn Div Convening
Order no. 57424/13/Q3 dated 22.01.2016, detailed a Board of Officers for
acquisition of proposed land at Masimpur Military Station after a joint survey by
the Army and State Government authorities to obtain sanction from the Ministry
of Defence, Government of India. It has been categorically asserted that neither
the Army has occupied the proposed land nor any compensation has been paid
to any of the civilians land owners. It has also been categorically asserted that
the land owners are utilizing the proposed land. It is mentioned that if the
proposed land is acquired then the compensation would be paid on receipt of
the same from the Ministry of Defence, Government of India. As the approval
for the proposed acquisition of land was yet to be received from the
Government of India, the Army did not take any steps for occupation of the
proposed land and the same were still in possession of the land owners.
However, a direction was made to the office of the respondent no. 6 to make
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necessary arrangement for recounting of Zirat for preparation of fresh land
acquisition estimate as per the provisions of the RFCTLARR Act, 2013 by the
respondent no. 3 vide his letter no. CLA.106/86-87/PT./63 dated 31.03.2015. It
is mentioned that there is no finalization of the acquisition of the proposed land
due to non-receipt of approval from the Ministry of Defence, Government of
India.
7. The respondent no. 6 in his counter-affidavit filed on 22.12.2020, has
averred that the publication of the notifications, that is, the Notification dated
23.07.2009 and the Declaration dated 17.05.2010, were under the repealed L.A.
Act, 1894 by the State Government was without sanction of the Government of
India and the same had lapsed as there is no Award under the L.A. Act, 1894
[since repealed] prior to 01.01.2014. It is averred that the Government of India
did not issue any sanction in any requisition, placed by the respondent no. 6 to
the respondent no. 3 and as a result, the possession of the lands are still with
the land owners.
8. From a Communication bearing no. 57424/13/Q3 [Annexure - D] dated
21.08.2014 of the HQ 57 Mtn Div, it is noticed that Indian Army neither acquired
the land nor any payment had been made to the State Government authorities
by the Ministry of Defence, Government of India. As on the date of the said
letter i.e. 21.08.2014, the lands mentioned in the Notification under Section 4
and the Declaration under Section 6 of the L.A. Act, 1894 were utilized by the
land owners, they were not entitled for payment of any compensation. The
Deputy Commissioner, Cachar i.e. the respondent no. 3 was requested to
intimate the said position to the petitioners in the writ petition, W.P.[C] no.
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6737/2010 by passing a speaking order. It is pertinent to mention that the
present petitioner is claiming that he is similarly situated to the petitioners in
W.P.[C] no. 6737/2010.
9. Subsequently, the Deputy Commissioner-cum-Collector, Cachar, Silchar
[respondent no. 3] passed a Speaking Order on 24.09.2014 enumerating the
above sequence of events. As per the Speaking Order, the estimate amounting
to Rs. 8,86,27,702/- was only a preliminary land acquisition estimate, which was
forwarded to the requiring authority with a request to deposit the same at his
disposal for disbursal to the land owners as compensation amounts on the basis
of estimates. Reference is made to the Order dated 22.12.2010 passed in the
writ petition, W.P.[C] no. 6737/2010 and the Order dated 02.04.2014 passed in
Cont.Cas[C] no. 204/2011, arising out of the Order dated 22.12.2010. The
Speaking Order has further reflected that the entire parcels of land, proposed to
be acquired by acquisition proceedings initiated vide L.A. Case no. 12/2008-
2009, are still in possession of the pattadars/land owners and they are still
enjoying the same. The respondent no. 3 in the Speaking Order has ordered
that the proceedings of L.A. Case no. 12/2008-2009 has already been lapsed
due to non-deposit of fund by the Indian Army and since the RFCTLARR Act,
2013 has come into force, the proceedings for acquisition of land, if any, are to
be initiated de novo as per the extant RFCTLARR Act, 2013.
10. In view of the above fact situation, obtaining in the case in hand, there is no
cause of action for the petitioner who is enjoying his parcels of land, indicated
above, till date without any acquisition proceedings pending, to claim for
compensation. As the petitioner has no cause of action to claim compensation,
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the writ petition is found to be devoid of any merit and the same is dismissed.
No cost.
JUDGE
Comparing Assistant
