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Gauhati High Court
Jitendra Nath Sarma And Anr vs The State Of Assam And 3 Ors on 4 May, 2026
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GAHC010033172026
2026:GAU-AS:6031
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1105/2026
JITENDRA NATH SARMA AND ANR
SON OF LATE CHANDRA NATH SARMA,RESIDENT OF APARTMENT NO.401,
RIANSHI WOOD APARTMENT, LAKHIMI PATH,HATIGAON, DISPUR,
GUWAHATI,PIN-781038, DISTRICT- KAMRUP (M), ASSAM
2: INDU DEVI
W/O- LATE CHANDRA NATH SARMA
RESIDENT OF APARTMENT NO. 4501
RIANSHI WOOD APARTMENT
LAKHIMI PATH
HATIGAON
DISPUR
GUWAHATI
PIN- 781038
DISTRICT- KAMRUP (M)
ASSAM
BOTH HEREIN REPRESENTED BY THE ATTORNEY HOLDER NAMELY
SUBIMAL CHAKRABORTY
S/O- SHIVA PRASAD CHAKRABORTY
AGE ABOUT 37 YEARS
R/O- CHENIKUTHI
HILL SIDE
K.K. PATH
THIRD EYE LANE
GUWAHATI- 781001
KAMRUP (M)
ASSA
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY, REVENUE
ANND DISASTER MANAGEMENT DEPARTMENT, ADDRESS- F BLOCK,. 1ST
FLOOR, ASSAM SECRETARIAT (CIVIL), DISPUR,, GUWAHATI, PIN- 781006,,
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DISTRICT- KAMRUP (M), ASSAM
2:THE DISTRICT MAGISTRATE AND COLLECTOR
ADDRESS- OFFICE OF THE DISTRICT COMMISSIONER
LICHUBAGAN
HENGERABARI
PIN- 781036
KAMRUP (METRO)
GUWAHATI
ASSAM
3:THE ADDITIONAL DISTRICT COMMISSIONER (LANND ACQUISITION
OFFICER)
ADDRESS- OFFICE OF THE DISTRICT COMMISSIONER
LICHUBAGAN
HENGERABARI
PIN- 781036
KAMRUP (METRO)
GUWAHATI
ASSAM
4:THE CIRCLE OFFICER
AZARA REVENUE CIRCLE
ADDRESS- OFFICE OF THE CIRCLE OFFICER
MIKIRPARA
CHAKARDOI
PIN- 781017
KAMRUP (METRO)
ASSA
Advocate for the Petitioner : MR. S CHAMARIA, MR M M ZAMAN,MR R AKHTAR,MR N M
DEKA
Advocate for the Respondent : GA, ASSAM, SC, REVENUE AND DISASTER MANAGEMENT
DEPT
BEFORE
HONOURABLE MR. JUSTICE KARDAK ETE
ORDER
Date : 04-05-2026
Heard Mr. S. Chamaria, learned counsel for the petitioners. Also heard Ms.
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P. R. Mahanta, learned Standing Counsel, Revenue Department for the
respondent No. 1 and Mr. J. Handique, learned Government Advocate for the
respondent Nos. 2 to 4.
2. This writ petition has been filed praying for a direction to the respondent
authorities to release the compensation amount for disbursement to the
petitioners, as per their share, in respect of the land of the petitioners acquired
for setting up of a New Terminal Building for development of LGBI Airport under
Azara Revenue Circle in village Garal under Ramcharani Mouza, in LA Case No.
02/2018.
3. The case of the petitioners, in a nutshell, is that they are the lawful co-
pattadars and recorded landowners of land covered by Dag No. 1086, Patta No.
457, measuring 3 Kathas 19 Lessas and Dag No. 1090, Patta No. 457 measuring
1 Bigha 2 Kathas 3 Lessas, located at village Garal under Azara Revenue Circle
in the district of Kamrup (Metro), Assam. The said land was acquired by the
Government of Assam in the year 2018 for construction of a New Terminal
Building for development of LGBI Airport in LA Case No. 02/2018.
4. After completion of the proceedings, the Circle Officer, Azara Revenue
Circle, prepared the Share Report and assessed the compensation in respect of
the said land. Pursuant to the aforesaid acquisition for the project,
compensation in respect of adjacent lands acquired for the same project was
disbursed to the respective pattadars and landowners. However, as the
petitioners were residing abroad, they could not receive any notice of such
acquisition. It was only upon visiting the State that they came to know of the
acquisition, whereupon, without any delay, they approached the Circle Officer,
Azara Revenue Circle, who confirmed the acquisition of the petitioners' land.
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The Circle Officer, vide official communication dated 07.01.2026, forwarded the
entire records for necessary action for payment of compensation.
5. Mr. S. Chamaria, learned counsel for the petitioners, submits that despite
several approaches, the respondent authorities have failed to disburse the
compensation amount to the petitioners, although there is no impediment to
such disbursement, as the acquisition of the petitioners' land and their
entitlement to compensation are not in dispute. He, therefore, prays for a
direction to the respondent authorities to disburse the compensation amount to
the petitioners forthwith.
6. Mr. J. Handique, learned Government Advocate for respondent Nos. 2, 3
and 4, on instructions, submits that necessary steps are being taken for
disbursement of the compensation amount to the petitioners; however, on
account of the Model Code of Conduct imposed due to the ongoing State
Legislative Assembly election, there has been some delay. He further submits
that the process shall be completed within a period of 1 (one) month.
7. I have considered the submissions of the learned counsel for the parties
and perused the materials available on record.
8. Admittedly, the land of the petitioners, covered by Dag No. 1086, Patta
No. 457, measuring 3 Kathas 19 Lessas and Dag No. 1090, Patta No. 457
measuring 1 Bigha 2 Kathas 3 Lessas, located at village Garal under Azara
Revenue Circle in the district of Kamrup (Metro), Assam, was acquired for
construction of a terminal building for development of LGBI Airport in LA Case
No. 02/2018. The Circle Officer has forwarded the relevant records, including
the assessment, wherein the names of the petitioners are duly reflected.
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9. This Court had taken note of the instruction placed by the learned counsel
for the respondent authorities to the effect that steps are being taken, but on
account of the announcement of the Model Code of Conduct and the ongoing
election to the State Legislative Assembly of Assam, there had been some delay,
but in all likelihood, the compensation would be paid to the petitioners on or
before 24.04.2026. Thus, there appears to be no impediment to disburse the
compensation amount to the petitioners for acquisition of the aforesaid lands.
10. Having considered that the petitioners are the co-pattadars and the
landowners in respect of the aforesaid land, which has already been acquired
for construction of a New Terminal Building of LGBI Airport and the
compensation having been assessed, as well as considering that the respondent
authorities have been taking steps for payment/disbursement of the
compensation amount to the petitioners but for the Model Code of Conduct, the
same remains delayed, I am of the considered view that the respondent
authorities deserve to be directed to expedite the process for disbursement of
the compensation amount to the petitioners.
11. Accordingly, it is directed that the respondent authorities shall complete
the process for disbursement of the compensation amount in respect of the
aforesaid lands of the petitioners and disburse the same to the petitioners
within a period of 3 (three) weeks from the date of receipt of the certified copy
of this order.
12. The writ petition stands disposed of in terms above.
JUDGE
Comparing Assistant
