Page No.# 1/4 vs The State Of Assam And 2 Ors
2024 Latest Caselaw 46 Gua

Gauhati High Court

Page No.# 1/4 vs The State Of Assam And 2 Ors on 4 January, 2024

Author: Devashis Baruah

Bench: Devashis Baruah

                                                         Page No.# 1/4

GAHC010254722014




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

                           Case No. : WP(C)/1039/2014

         JANGLI GOUR and 19 ORS
         S/O LT. BADRI GOUR.

         2: SRI PHULENA GOUR
          S/O RAMDANI GOUR


         3: HIRA LAL CHAUHAN
          S/O LT. DOMA NUNIA


         4: SHYAM BABU CHAUHAN
          S/O LT. DOMA NUNIA


         5: UMESH GOUR



         6: MOHAN GOUR


         7: SANJOY GOUR


         8: BIJOY GOUR



         9: MUNNA GOUR


         10: BHAGAWAN GOUR
                                                        Page No.# 2/4


11: GOURI SANKAR GOUR
 PETITIONER NO. 5 TO 11 ARE THE SONS LT. GANGA GOUR.

12: SMTI KAMALA DEVI
W/O LT. GANGA GOUR

13: SHEO RATAN GOUR
 S/O LT. TILESWAR OUR

14: SMTI GIYANTI DEVI
 D/O LT. MANILAL GOUR

15: HARENDRA @ HARINDAR GOUR
 S/O LT. PARASH GOUR

16: SMTI FULJHARIA GOUR
 D/O LT. PARASH GOUR

17: RAMAKANTA CHAUHAN
 S/O LT. BHADAI CHAUHAN

18: DASARAT CHOUDHURY
 S/O LT. MANO


19: GOURI SANKAR CHOUDHURY
 S/O LT. DUDH NATH CHOUDHURY


20: SMTI GULMATI DEVI
 D/O LT. SHEO PUJAN MUSI
ALL ARE R/O VILL- THAISUBALI
 P.O. KARIKHANA
 MOUZA- LANKA
 P.S. LANKA
 DIST. NAGAON
ASSAM

VERSUS

THE STATE OF ASSAM AND 2 ORS
REP. BY THE COMMISSIONER and SECY, WATER RESOURCES
DEPARTMENT, DISPUR, GHY-6.

2:THE DEPUTY COMMISSIONER CUM COLLECTOR

NAGAON DISTRICT AT NAGAON
                                                                              Page No.# 3/4



            3:THE SUB-DIVISIONAL OFFICER CIVIL
             SANKARDEV NAGAR
             HOJAI SUB-DIVISION
             HOJAI
             DIST. NAGAON

For the Petitioner(s)        : Mr. S. Chouhan, Advocate

For the Respondent(s)        : Mr. B. Goswami, Addl. Advocate General
                             : Mr. C. S. Hazarika, Jr. Government Advocate



                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                     ORDER

Date : 04.01.2024

1. Mr. B. Goswami, the learned Additional Advocate General appearing on behalf of the Respondents submitted that the lands of the Petitioners are yet to be acquired however steps are being taken for acquisition of the land of the Petitioners along with other lands for which there has been already a joint field verification carried out in connection with L.A. Case No.1/2000; L.A. Case No.2/2000; L.A. Case No.3/2000; L.A. Case No.4/2000 and L.A. Case No.5/2000 and communications to that effect have also been made to the pattadars in question. He further submitted that the procedure for preparation of the demand estimate in respect to the payment of compensation in respect to the said land acquisition cases is going on and expected to be completed in the month of January, 2024. He further submitted that the Additional District Commissioner had issued a communication to Mr. C. S. Hazarika, the learned Junior Government Advocate intimating the said aspect of the matter. The said communication which was placed before this Court during the course of the Page No.# 4/4

hearing is kept on record and marked with the letter "X".

2. This Court has also perused the materials on record and is surprised to take note of that the possession of the lands of the Petitioners were taken as far back as in the year 2002 and more than 21 years have already passed by but the Respondent Authorities have not taken any concrete steps except what has been recently taken up as noted in the communication which is kept on record and marked with the letter "X".

3. This Court also expresses its anguish as to how the lands of persons can be taken away by the State Authorities in the manner which have been done in the present case which clearly disregards the rights under Article 300A of the Constitution of India which is also regarded as a human right as well settled by the Supreme Court in various judgments.

4. This Court fixes this matter again on 15.02.2024. On the said date, Mr. B. Goswami, the learned Additional Advocate General shall apprise this Court as regards the status of the acquisition proceedings as well as also as to what steps the Respondent Authorities are taking for the purpose of payment of requisition cost during the period from 2002 till the initiation of the acquisition proceedings.

5. Further to that, this Court also takes note of that there are 20 Petitioners but the Court Fee of only one Petitioner has been paid. The learned counsel for the Petitioners submitted that he would pay the deficit Court Fee on or before the next date.

JUDGE Comparing Assistant