[Cites 0, Cited by 0]
Gauhati High Court
Page No.# 1/6 vs The State Of Assam And 6 Ors on 20 March, 2026
Page No.# 1/6
GAHC010025692024
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/902/2024
SUREN CHUTIA AND 6 ORS
S/O- LATE JUGESWAR CHUTIA
2: DURGA BARUAH
AGED ABOUT 78
3: DIPEN BARUAH
S/O- LATE DURGA BARUAH
4: NIPEN BARUAH
S/O- LATE DURGA BARUAH
5: GULAP BARUAH
S/O- LATE BHULA BARUAH
6: PUNANDA BARUAH
S/O- LATE DURGA BARUAH
7: REBORT BARUAH
S/O- LATE JUGESWAR CHUTIA
ALL ARE R/O VILL- GURTHOLOI
P.O AND P.S- BORDOLONI
DIST- DHEMAJI
PIN-78705
VERSUS
THE STATE OF ASSAM AND 6 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
DEPARTMENT OF WATER RESOURCES
Page No.# 2/6
DISPUR, GUWAHATI-6
2:THE COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM
REVENUE AND D.M DEPARTMENT
TO THE GOVT. OF ASSAM
DISPUR
GUWAHATI-6
3:THE COLLECTOR CUM DEPUTY COMMISSIONER
DISTRICT- DHEMAJI
PIN-787057
4:THE CHIEF ENGINEER
WATER RESOURCES DEPARTMENT
GOVT. OF ASSAM
CHANDMARI
GUWAHATI-3
5:THE CHIEF ENGINEER
IRRIGATION
CHANDMARI
GUWAHATI-03.
6:THE CIRLE OFFICER
GOGAMUKH
DIST- DHEMAJI
PIN-787057
7:THE COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM
DEPARTMENT FINANCE
GOVT. OF ASSAM
DISPUR
GUWAHATI-
Advocate for the Petitioner : MS. D SONOWAL, MR. R A CHOUDHURY
Advocate for the Respondent : GA, ASSAM, SC, REVENUE AND DISASTER MANAGEMENT
DEPT,SC, IRRIGATION,SC, WATER RESOURCE,SC, FINANCE
Page No.# 3/6
Linked Case : WP(C)/1490/2024
KONPUNA CHUTIA AND 3 ORS.
SON OF LATE BIRENDRA CHUTIA
RESIDENT OF VILL- BLOCK GURTHOLOI BLOCK 2
P.O.
P.S.- BORDOLONI
DISTRICT- DHEMAJI
PIN- 787057.
2: BOLIN KHANIKAR
SON OF MONEK KHANIKAR
RESIDENT OF VILL- BLOCK GURTHOLOI BLOCK 2
P.O.
P.S.- BORDOLONI
DISTRICT- DHEMAJI
PIN- 787057.
3: GOVINDRA HAZARIKA
SON OF MOHENDRA HAZARIKA
RESIDENT OF VILL- BLOCK GURTHOLOI BLOCK 2
P.O.
P.S.- BORDOLONI
DISTRICT- DHEMAJI
PIN- 787057.
4: HIROYANA CHUTIA
LATE BIRENDRA CHUTIA
RESIDENT OF VILL- BLOCK GURTHOLOI BLOCK 2
P.O.
P.S.- BORDOLONI
DISTRICT- DHEMAJI
PIN- 787057.
VERSUS
Page No.# 4/6
STATE OF ASSAM AND 6 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
DISTRICT- KAMRUP(M)
ASSAM.
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
REVENUE AND DISTRICT- KAMRUP(M)
ASSAM DISASTER MANAGEMENT DEPARTMENT
TO THE GOVT. OF ASSAM.
3:THE COLLECTOR-CUM-DEPUTY COMMISSIONER
DHEMAJI
DISTRICT- DHEMAJI
PIN- 787057.
4:THE CHIEF ENGINEER
WATER RESOURCES DEPARTMENT
GOVT. OF ASSAM
GNB ROAD
CHANDMARI
GUWAHATI
DISTRICT- KAMRUP(M)
ASSAM
PIN- 781003.
5:THE CHIEF ENGINEER
IRRIGATION DEPARTMENT
GOVT. OF ASSAM
GNB ROAD
CHANDMARI
GUWAHATI
DISTRICT- KAMRUP(M)
ASSAM
PIN- 781003.
6:THE CIRCLE OFFICER
GOGAMUKH
DISTRICT- DHEMAJI
PIN- 787057.
Page No.# 5/6
7:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GUWAHATI-6.
------------
Advocate for : MS. D SONOWAL
Advocate for : GA
ASSAM appearing for STATE OF ASSAM AND 6 ORS.
BEFORE
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
20.03.2026
1. Heard Mr. R. A. Choudhury, learned counsel for the petitioners. Also
heard Ms. P. Chakraborty, learned Standing Counsel for the Water
Resources Department and Mr. N. Goswami, learned Government
Advocate, Assam representing the State respondents.
2. At paragraph 4 of the order dated 16.02.2026, this Court directed the
respondent Water Resources Department to file an affidavit mentioning
certain details.
3. For brevity, the paragraph 4 of the aforesaid order is quoted herein
below:
"4. Under such circumstances, the respondent Water Resources
Department is directed to bring on record their stand by filing
their affidavit. The affidavit has to be filed by an Officer of the
rank of Chief Engineer, Water Resources Department. The
affidavit shall mention the following details:-
(i) Whether the possession of the lands of the petitioners in both
the writ petitions were taken by the Respondent Water
Resources Department?
Page No.# 6/6
(ii) If taken, what is the area of the lands which were taken by
the Respondent Water Resources Department ?
(iii) If the lands have been acquired, under what provisions of
law the lands have been acquired ?
(iv) As to whether the petitioners have been paid the due
compensation?
(v) In addition to that, the District Commissioner, Dhemaji is also
directed to bring on record their stand in respect to the lands
belonging to the petitioners in both the writ petitions giving
details as to whether any acquisition process was initiated
prior to taking over the possession of the lands belonging to
the Petitioners.
4. Till date, no affidavit has been filed by the respondent Water
Resources Department pursuant to the aforesaid order dated 16.02.2026.
5. This Court in the aforesaid backdrop is inclined to impose a cost of Rs.
10,000/- upon the respondent Water Resources Department for non
compliance of the aforesaid order dated 16.02.2026, however, Ms.
Chakraborty, learned Standing Counsel for the Water Resources
Department, submits that though she received the instruction, for her
personal difficulty, she could not prepare the affidavit and file the same
within the stipulated date.
6. In view of such submission, this Court has restrained itself from imposing
such cost, however, subject to the condition that such affidavit is filed on
or before 25.03.2026, and thereafter, list these matters again on
01.04.2026.
JUDGE
Comparing Assistant
