Assam Industrial Infrastructure ... vs Ajijul Ali
2025 Latest Caselaw 4446 Gua

Gauhati High Court

Assam Industrial Infrastructure ... vs Ajijul Ali on 25 March, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                               Page No.# 1/11

GAHC010249672024




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

                           Case No. : CRP(IO)/507/2024

         ASSAM INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION
         REP. HEREIN BY ITS DEPUTY GENERAL MANAGER (PM) NAMELY ANUJ
         PRATIM SARMAH,

         ADDRESS-
         INDUSTRIAL ESTATE,
         BYE LANE NO-3, BAMUNIMAIDAM, GUWAHATI-21, DIST- KAMRUP (M),
         ASSAM

         VERSUS

         AJIJUL ALI
         S/O- ARBAN ALI,
         R/O- VILLAGE NO-2 JAMBARI,
         P.S BOKO, DIST- KAMRUP, ASSAM, PIN-781141

          Linked Case : CRP(IO)/510/2024

         ASSAM INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION
         REP. HEREIN BY ITS DEPUTY GENERAL MANAGER (PM) NAMELY ANUJ
         PRATIM SARMAH
         ADDRESS- INDUSTRIAL ESTATE
         BYE LANE NO-3
         BAMUNIMAIDAM
         GUWAHATI-21
         DIST- KAMRUP (M)
         ASSAM

          VERSUS

         REKAT ALI
         S/O- DANECH ALI
         R/O- VILLAGE NO-2 JAMBARI
         P.S BOKO
                                                    Page No.# 2/11

DIST- KAMRUP
ASSAM
PIN-781141

Linked Case : CRP(IO)/517/2024

ASSAM INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION
REPRESENTED HEREIN BY ITS DEPUTY GENERAL MANAGER (PM)
NAMELY ANUJ PRATIM SARMAH
ADDRESS- INDUSTRIAL ESTATE
BYE LANE NO. 3
BAMUNIMAIDAM
GUWAHATI-781021
DIST. KAMRUP(M)
ASSAM

VERSUS

NUR HUSSAIN
S/O- NARJUB ALI
ADDRESS- 2 NO. JAMBARI
P.S. BOKO
DIST. KAMRUP
ASSAM
PIN- 781141.

Linked Case : CRP(IO)/514/2024

ASSAM INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION
REP. HEREIN BY ITS DEPUTY GENERAL MANAGER (PM) NAMELY ANUJ
PRATIM SARMAH
ADDRESS- INDUSTRIAL ESTATE
BYE LANE NO-3
BAMUNIMAIDAM
GUWAHATI-21
DIST- KAMRUP (M)
ASSAM

VERSUS

RABIYA BEGUM
D/O- FAJULLAH SHEIKH
ADDRESS- VILLAGE- JAMBARI
P.S. BOKO
DISTRICT- KAMRUP
ASSAM
PIN- 781141
                                                    Page No.# 3/11

Linked Case : CRP(IO)/519/2024

ASSAM INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION
REPRESENTED HEREIN BY ITS DEPUTY GENERAL MANAGER (PM)
NAMELY ANUJ PRATIM SARMAH
ADDRESS- INDUSTRIAL ESTATE
BYE LANE NO. 3
BAMUNIMAIDAM
GUWAHATI-781021
DIST. KAMRUP(M)
ASSAM

VERSUS

AMINUL HUSSAIN AND ANR
S/O- AMZAD HUSSAIN
ADDRESS- VILL 2 NO. JAMBARI
P.S. BOKO
DIST. KAMRUP
ASSAM
PIN- 781141.

2:NURUL HUSSAIN
S/O- KUDRAT ALI
ADDRESS- VILL 2 NO. JAMBARI
 PS. BOKO
 DIST. KAMRUP
ASSAM
 PIN- 781141.


Linked Case : CRP(IO)/508/2024

ASSAM INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION
REP. HEREIN BY ITS DEPUTY GENERAL MANAGER (PM) NAMELY ANUJ
PRATIM SARMAH
ADDRESS- INDUSTRIAL ESTATE
BYE LANE NO-3
BAMUNIMAIDAM
GUWAHATI-21
DIST- KAMRUP (M)
ASSAM


VERSUS

SURYANECHA BIBI
W/O- ABDUL ALI
                                                    Page No.# 4/11

R/O- VILLAGE NO-2 JAMBARI
P.S BOKO
DIST- KAMRUP
ASSAM
PIN-781141

Linked Case : CRP(IO)/516/2024

ASSAM INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION
REPRESENTED HEREIN BY ITS DEPUTY GENERAL MANAGER (PM)
NAMELY ANUJ PRATIM SARMAH
ADDRESS- INDUSTRIAL ESTATE
BYE LANE NO. 3
BAMUNIMAIDAM
GUWAHATI-781021
DIST. KAMRUP(M)
ASSAM


VERSUS

JAHIRUL ISLAM
S/O- KHALILUR RAHMAN
 ADDRESS- JAMBARI
 P.S. BOKO
 DIST. KAMRUP
 ASSAM
 PIN- 781141.

Linked Case : CRP(IO)/511/2024

ASSAM INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION
REP. HEREIN BY ITS DEPUTY GENERAL MANAGER (PM) NAMELY ANUJ
PRATIM SARMAH
ADDRESS- INDUSTRIAL ESTATE
BYE LANE NO-3
BAMUNIMAIDAM
GUWAHATI-21
DIST- KAMRUP (M)
ASSAM


VERSUS

MAMONI BEGUM
W/O- SABED ALI
R/O- VILLAGE NO-2 JAMBARI
P.S BOKO
                                                    Page No.# 5/11

DIST- KAMRUP
ASSAM
PIN-781141

Linked Case : CRP(IO)/509/2024

ASSAM INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION
REP. HEREIN BY ITS DEPUTY GENERAL MANAGER (PM) NAMELY ANUJ
PRATIM SARMAH
ADDRESS- INDUSTRIAL ESTATE
BYE LANE NO-3
BAMUNIMAIDAM
GUWAHATI-21
DIST- KAMRUP (M)
ASSAM


VERSUS

ABJAL ALI
S/O- BHALU SHEIKH
R/O- VILLAGE NO-2 JAMBARI
P.S BOKO
DIST- KAMRUP
ASSAM
PIN-781141


Linked Case : CRP(IO)/512/2024

ASSAM INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION
REP. HEREIN BY ITS DEPUTY GENERAL MANAGER (PM) NAMELY ANUJ
PRATIM SARMAH
ADDRESS- INDUSTRIAL ESTATE
BYE LANE NO-3
BAMUNIMAIDAM
GUWAHATI-21
DIST- KAMRUP (M)
ASSAM


VERSUS

MAMIR ALI ANMD ANR
S/O- FAJIL ALI
R/O- VILLAGE NO-2 JAMBARI
P.S BOKO
DIST- KAMRUP
                                                              Page No.# 6/11

        ASSAM PIN-781141

        2:ALAMGIR HUSSAIN
        S/O- ABDUL ALI
         R/O- VILLAGE NO-2 JAMBARI
         P.S BOKO
         DIST- KAMRUP
        ASSAM PIN-781141

Advocate for the Petitioners   : Mr. S. Chamaria, Advocate
Advocate for the Respondents : XXXX

                               BEFORE
        HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                    Date of Hearing     : 25.03.2025

                    Date of Judgment     : 25.03.2025
                     JUDGMENT AND ORDER (ORAL)

Heard Mr. S. Chamaria, the learned counsel appearing on behalf of the petitioner.

2. The present batch of applications invoking the supervisory jurisdiction of this Court is to challenge the jurisdiction of the District Judge, Kamrup, Amingaon to decide the Reference Cases on the ground that when the reference was made by the Collector to the Court, the District and Sessions Judge, Kamrup, Amingaon did not have the jurisdiction as the notification issued by the Government of Assam dated 30.08.2018 only conferred the jurisdiction upon the District and Sessions Judge, Kamrup (M). It is also the case of the petitioner herein that it was only on Page No.# 7/11

27.06.2024, the jurisdiction was conferred upon the District and Session Judges of all the Districts to act as the Land Acquisition, Rehabilitation and Resettlement Authority. It is therefore the case of the petitioners that the Reference Proceedings which are now pending could not have been registered in the establishment of the District and Sessions Judge, Kamrup, Amingaon prior to 27.06.2024 although the District and Sessions Judge, Kamrup, Amingaon now pursuant to the notification dated 27.06.2024 has the jurisdiction. It is also relevant to observe that the petitioner had challenged the jurisdiction of the Reference Court by filing applications which were rejected by separate orders which are detailed in the Appendix to the instant judgment.

3. In the opinion of this Court, the basis on which the petitioner had challenged the jurisdiction is misconceived primarily on the ground that the acquisition of the land was not done under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, 'the Act of 2013'). But the acquisition was done under the provisions of the Assam Land (Requisition and Acquisition) Act, 1964 (for short, 'the Act of 1964'). The notifications dated 30.08.2018 and 27.06.2024 are notifications under the Act of 2013 and the Rules framed thereunder. The said notifications have no relevance to the Page No.# 8/11

provision of the Act of 1964. Moreover, in terms with Section 2(b) of the Act of 1964, the term "court" has been defined as the Principal Civil Judge of the original jurisdiction.

4. This Court further finds it relevant to take note of Section 12 of the Act of 1964 stipulates that a Collector shall in every case where any person aggrieved by an Award made under Sub- Section (3) of Section 11 of the Act of 1964 makes an application shall refer the dispute to the Court. Additionally, Section 12 (2) of the Act of 1964 legislatively incorporated the provisions of the Land Acquisition Act, 1894 in so far how the Reference Proceedings are to be regulated.

5. In view of the above, as the acquisitions of land were done under the Act of 1964, the District and Sessions Judge, Kamrup, Amingaon had the jurisdiction and the reference which was being made by the Collector to the District and Sessions Judge was in accordance with the Act of 1964.

6. Consequently, this Court finds no ground to exercise its supervisory jurisdiction in the present batch of applications.

7. Accordingly, the instant batch of applicants stand dismissed.

8. The interim orders passed by this Court in the present batch of applications whereby the Reference Proceedings have been stayed are vacated and the petitioner herein is directed to appear Page No.# 9/11

before the learned Reference Court, i.e. the Court of the Additional District Judge, Kamrup, Amingaon on 28.04.2025 for further continuance of all the Reference Proceedings. The certified copy of this judgment be placed before the learned Reference Court, i.e. the Court of the learned District Judge, Kamrup, Amingaon.

9. It is also noticed that the petitioner had challenged the rejection of the applications filed before the learned Reference Court in the present batch of applications whereby the learned Reference Court held that the said Court had the jurisdiction. For the reasons aforesaid, this Court holds that the learned Reference Court has the jurisdiction to decide the various Reference Proceedings. The orders impugned which are specifically mentioned in the Appendix to the instant judgment are not interfered with for the reasons already mentioned herein above.

10. The Registry shall forthwith intimate the learned Reference Court, i.e. the Court of the learned District Judge, Kamrup, Amingaon.

JUDGE Page No.# 10/11

APPENDIX

1. CRP(IO) No.507/2024:- The order dated 07.08.2024 passed by the learned

Additional District Judge, Kamrup, Amingaon in Misc.(J) Case No.38/2024 arising out of LA (Ref) Case No.11/2023.

2. CRP(IO) No.508/2024:- The order dated 07.08.2024 passed by the learned Additional District Judge, Kamrup, Amingaon in Misc.(J) Case No.44/2024 arising out of LA (Ref) Case No.17/2023.

3. CRP(IO) No.509/2024:- The order dated 07.08.2024 passed by the learned

Additional District Judge, Kamrup, Amingaon in Misc.(J) Case No.39/2024 arising out of LA (Ref) Case No.12/2023.

4. CRP(IO) No.510/2024:- The order dated 07.08.2024 passed by the learned

Additional District Judge, Kamrup, Amingaon in Misc.(J) Case No.37/2024 arising out of LA (Ref) Case No.10/2023.

5. CRP(IO) No.511/2024:- The order dated 07.08.2024 passed by the learned

Additional District Judge, Kamrup, Amingaon in Misc.(J) Case No.43/2024 arising out of LA (Ref) Case No.16/2023.

6. CRP(IO) No.512/2024:- The order dated 07.08.2024 passed by the learned

Additional District Judge, Kamrup, Amingaon in Misc.(J) Case No.34/2024 arising out of LA (Ref) Case No.08/2023.

7. CRP(IO) No.514/2024:- The order dated 07.08.2024 passed by the learned Additional District Judge, Kamrup, Amingaon in Misc.(J) Case No.33/2024 arising out of LA (Ref) Case No.09/2023.

8. CRP(IO) No.516/2024:- The order dated 07.08.2024 passed by the learned Page No.# 11/11

Additional District Judge, Kamrup, Amingaon in Misc.(J) Case No.35/2024 arising out of LA (Ref) Case No.20/2023.

9. CRP(IO) No.517/2024:- The order dated 07.08.2024 passed by the learned

Additional District Judge, Kamrup, Amingaon in Misc.(J) Case No.40/2024 arising out of LA (Ref) Case No.14/2023.

10. CRP(IO) No.519/2024:- The order dated 07.08.2024 passed by the

learned Additional District Judge, Kamrup, Amingaon in Misc.(J) Case No.42/2024 arising out of LA (Ref) Case No.13/2023.

Comparing Assistant