Gauhati High Court
Page No.# 1/4 vs Dilip Kumar Thapa And 6 Ors on 7 August, 2024
Author: Devashis Baruah
Bench: Devashis Baruah
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
For the Petitioner(s) : Mr. R. Borpujari, Standing Counsel
For the Respondent(s) : Mr. R. P. Kakoti, Sr. Advocate
: Mr. S. Purkayastha, Advocate
: Mrs. A. Gayan, CGC
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 07.08.2024
Heard Mr. R. Borpujari, the learned counsel appearing on behalf of
the Petitioners and Ms. A. Gayan, the learned CGC appearing on behalf of
the Respondent No.6. I have also heard Mr. R. P. Kakoti, the learned
Senior Advocate appearing on behalf of IIT Guwahati.
2. The instant writ petition has been filed by the State of Assam along
with the Deputy Commissioner being aggrieved by the inaction on the
part of the Respondent Nos. 6 and 7 in making payment of the land
Page No.# 3/4
acquisition compensation of Rs.4,63,38,592/- in terms with the common
judgment and order dated 28.06.2005 passed by the learned Court of the
Ad-Hoc Additional District Judge, No.3, Kamrup, Guwahati in various
misc. reference cases. In addition to that, the Petitioners have also
challenged the various orders in Money Execution cases which have been
filed for non-compliance with the award passed by the learned Reference
Court.
3. At the outset, this Court finds it very pertinent to observe that in
view of the well settled principle of law that a writ of certiorari cannot be
issued against a judicial order, this Court is not entertaining the relief
insofar as the challenge to the various orders passed in the Money
Execution proceedings.
4. The other issue involved in the instant proceedings seems to be that
the Petitioner No.2 herein who was the Collector had acquired various
plots of land for an on behalf of the Central Government for setting up
the Indian Institute of Technology, Guwahati. The disputes seems to be
that the Central Government have not taken note of the various requests
made by the State Government for the release of the further funds to
make payment of the additional compensation in view of the award
passed by the Reference Court.
5. On the other hand, it is the case of the Central Government that the
State Government as well as the Collector have not provided the
utilization certificates in respect to payment of amount more than
Rs.12,00,00,000/- and as such the Central Government is not in a
position to further process the request of the State Government as well
as the Collector.
Page No.# 4/4
6. This Court upon perusal of the materials on record do not find that
there is any narration of the facts as to how the State Government have
received any money and how the money have been spent. Accordingly,
this Court fixes the matter again on 11.09.2024.
7. In the meantime i.e. by 09.09.2024, the Petitioners are directed to
file an affidavit stating as regards the preparation of the estimate for the
initiation of the land acquisition proceedings; as to when sanction was
duly granted; how much amount was released by the Central
Government and IITG; how much amount had been paid to the
beneficiaries and how the additional amounts so paid by the Indian
Institute of Technology, Guwahati as stated in Annexure-2 of the affidavit
filed by the Respondent No.7 have been utilized.
8. The State Government shall also file an affidavit indicating how
much additional amount is actually required and how much amount
additionally have to be incurred if there is a further delay in disbursal of
the compensation in view of the statutory interest.
9. List accordingly.
JUDGE
Comparing Assistant
