[Cites 3, Cited by 0]
Gauhati High Court
Smt Dwipanwita Das Neog vs The State Of Assam And 2 Ors on 27 February, 2026
Author: Sanjay Kumar Medhi
Bench: Sanjay Kumar Medhi
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GAHC010027002026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1107/2026
SMT DWIPANWITA DAS NEOG
W/O- SHRI JAYANTA NEOG, RESIDENT OF KHANAMUKH CHECK GATE,
BOKULNAGAR, WEST JALUKBARI, GUWAHATI- 781013, ASSAM, MOBILE
PHONE NO.- 9435042452
VERSUS
THE STATE OF ASSAM AND 2 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT,
DISPUR, GUWAHATI -781036, ASSAM.
2:THE DISTRICT COMMISSIONER
KAMRUP (METRO) DISTRICT
HENGRABARI
GUWAHATI- 781006
ASSAM
3:CIRCLE OFFICER
AZARA REVENUE CIRCLE
AZARA, P.O. AND P.S.- AZARA
GUWAHATI,
DISTRICT- KAMRUP (METRO)
PIN CODE- 78101
Advocate for the Petitioner : MR. U K GOSWAMI,
Advocate for the Respondent : GA, ASSAM, SC, REVENUE AND DISASTER MANAGEMENT
DEPT
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BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
27.02.2026
Heard Shri U. K. Goswami, learned counsel for the petitioner. Also heard
Shri H. Sarmah, learned Addl. Senior Govt. Advocate and Ms. P. R. Mahanta,
learned Standing Counsel, Revenue Department.
2. The instant writ petition has been filed with the following relief:-
" In the premises aforesaid, it is most respectfully prayed that Your Lordships may be
pleased to admit this petition, issue Rule, calling upon the Respondent authorities to
show cause as to why the writ, order or direction, as prayed for shall not be issued
and upon hearing the parties on the cause or causes that may be shown and on
perusal of the records be pleased to direct the Respondents authorities to issue
necessary order for re-assessment of compensation amount of the petitioner's plot of
land by taking into consideration of existing market value of the said plot of land and
interfere with the impugned process of land acquisition, and upon cause/causes that
may be shown, after hearing the parties and upon perusal of the records be pleased to
make the Rule absolute and/or to pass such further or other order(s) as to Your
Lordships may deem fit and proper in the facts and circumstances so as to give full
and complete relief to the petitioner.
AND.
It is further prayed that during pendency of the Writ Petition, the petitioner prays for
an interim order from this Hon'ble Court for suspending the effect and operation of the
impugned Notices dated 5.09.2025 and 29.01.2026 and subsequent process thereto
till disposal of the writ petition and/or to pass such further or other order(s) as to Your
Lordships may deem fit and proper in the facts and circumstances so as to give full
and complete relief to the petitioner.
And for this act of kindness the petitioner as in duty bound shall ever pray."
3. As per the facts projected, a notice under Section 7 (1) of the Assam
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Land (Requisition and Acquisition) Act, 1964 was issued to the petitioner
on 05.09.2025. It is contended that there has been violation of the provisions of
Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 and the process adopted by
the respondents are in violation of the provisions of law. It is also contended
that though the petitioner had responded to the notice by filing a representation
on 09.12.2025, the same has not been responded to.
4. Shri Goswami, the learned counsel has submitted that while the petitioner
had appeared before the Circle Officer pursuant to another notice i.e.
21.01.2026 and made a prayer for reassessment, the same has been denied.
5. A perusal of the verification of the said statement made in paragraph 6
would however show that the same has not been properly verified. Be that as it
may, unless and until a case on clear violation of the provisions of the Land
Acquisition Act is made out, interference by a Court in an acquisition proceeding
is to be done in a sparing manner. This Court would however hasten to add that
it is the aspect as to whether an aggrieved party has been provided with
adequate and fair compensation which would be the matter of concern. The
Land Acquisition Act of 2013 contains adequate provision including Section
64 to pray for a reference in case a party is aggrieved by the adequacy of a
compensation amount. This Court has also noted that the notice dated
05.09.2025 has been issued under the Act of 1964 which is a notice to the
person interest to claim compensation.
6. This Court is of the opinion that at this stage, no case of interference is
made out and accordingly the writ petition is dismissed.
7. Dismissal of this writ petition however would not come into the way of the
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petitioner to seek adequate and sufficient compensation if he is aggrieved by
the Award which may be passed in the Land Acquisition proceeding.
JUDGE
Comparing Assistant
