Food Corporation Of India And Anr vs Archana Das
2025 Latest Caselaw 9196 Gua

Gauhati High Court

Food Corporation Of India And Anr vs Archana Das on 10 December, 2025

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GAHC010024862025




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

                                 Case No. : WA/372/2025

           1: FOOD CORPORATION OF INDIA AND ANR.
           REPRESENTED BY THE GENERAL MANAGER,
           REGIONAL OFFICE, ASSAM REGION, G.S ROAD, ULUBARI, GUWAHATI-07.

           2: THE GENERAL MANAGER (R) FOOD CORPORATION OF INDIA
           REGIONAL OFFICE ASSAM REGION G.S ROAD ULUBARI GUWAHATI

                        VERSUS

           1: ARCHANA DAS .
           W/O- ATUL DAS,
           R/O- VILLAGE BLAIBIL,
           P.O./ P.S.- CHANGSARI, DIST.- KAMRUP, ASSAM.

           2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND
           SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF REVENUE
           DISPUR GUWAHATI 781006

           3:THE DEPUTY COMMISSIONER
           KAMRUP DISTRICT AMINGAON NORTH GUWAHATI ASSAM

           4:THE CIRCLE OFFICER
           UTTAR GUWAHATI REVENUE CIRCLE AMINGAON KAMRUP ASSA


For the Appellant(s)     : Mr. P.K. Roychoudhury, Senior Advocate, assisted by Mrs. A.
                         Chakraborty, Advocate.

For the Respondent(s)    : Mr. K. Bhatacharjee, Advocate for respondent No.1.

: Ms. N. Bordoloi, Standing Counsel, Revenue Department for respondent No.2.

: Mr. D. Nath, Senior Government Advocate, Assam for respondent No.3.

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-B E F O R E -

HON'BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY

10.12.2025 (Ashutosh Kumar, CJ)

The Food Corporation of India (FCI) and another have challenged the judgment dated 18.12.2024 passed by a learned Single Judge of this Court in WP(C) No.3943/2022 directing the District Commissioner, Kamrup (Rural) at Amingaon to demarcate the land measuring 1 Katha and 10 Lechas under Dag No.1693 of Patta No.331 in Village Changchari, Mouza Sila Senduri Ghopa under Uttar Guwahati Revenue Circle in the District of Kamrup (Rural), Assam and handover the possession of the same to the respondent No.1/writ petitioner and to further assess the rental amount for the period from the date the land in question was handed over to the appellant/FCI till the date when the possession would be handed over to the respondent No.1/writ petitioner and upon such determination being made, the same be sent to the appellant/FCI for due payment. It was also made obligatory for the appellant/FCI to make the due payment to the respondent No.1/writ petitioner.

The dispute revolves around a land acquired in 2007 for constructing a FCI Food Storage Depot at Changchari in Kamrup (Rural) District of Assam. Approximately 27.39 Hectare of land was acquired vide Land Acquisition Case No.1/2007 invoking Sections 4 & 6 of the Land Acquisition Act, 1894. There was a subsequent acquisition vide Land Acquisition Case No.3/2012, whereby more than 7 Bighas of land were also acquired, which included some portion of the land of the Page No.# 3/4

respondent No.1/writ petitioner. On the acquired land, the appellant/FCI has constructed the Depot with boundary walls, which Depot is operating for public distribution of food-grains.

It was only after 15(fifteen) years of the acquisition that it was learnt by the respondent No.1/writ petitioner that she had not been paid for 1 Katha 10 Lechas of land, which was not acquired but consumed by the appellant/FCI.

It further transpired that the said land was never acquired but possession was taken over by the State and handed over to the appellant/FCI.

The only option then before the State and the appellant/FCI was to either acquire the land afresh which would be possible only under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter to be referred as the "2013 Act") or the purchase of the land and payment of the rental of the land for the period for which the appellant/FCI remained in possession thereof.

The learned Single Judge, therefore, in our estimation, is justified in giving such directions to the appellant/FCI and the State.

It appears from the records that the appellant/ FCI and the State expressed their intention to purchase the land from the respondent No.1/writ petitioner and had offered a price of Rs.7,50,000/- (Rupees Seven Lakhs Fifty Thousand) for the land so used but had not been acquired earlier.

The afore-noted price is not acceptable to the respondent No.1/writ petitioner.

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In all fitness of things, we deem it appropriate to ask the learned counsel for the appellant/FCI and the respondent No.1/writ petitioner to negotiate and settle the price of the land, which is reasonable; in accordance with the circle rates and would not be lesser than the price which would have to be given to the respondent No.1/writ petitioner if the land is acquired under the provisions of the 2013 Act.

The learned counsel for the parties shall inform this Court by the next date as to the agreed/negotiated price.

Let this matter come up for consideration on 30.01.2026.

                  JUDGE                        CHIEF JUSTICE


Mukut




Comparing Assistant