Prakash Dutta and 6 Ors v. State of Assam and 5 Ors

ORDER

22.05.2024

Heard Mr. H.P. Neog, learned counsel for the petitioners. Also heard Mr. B. Gogoi, learned Standing Counsel, PWD for the respondent Nos. 1, 5 & 6 and Mr. J. Handique, learned Government Advocate appearing for the State respondent Nos. 3 & 4. Ms. N. Bordoloi, learned Standing Counsel, Revenue appears for the respondent No.2.

¶2By filing this writ petition under Article 226 of the Constitution of India, the writ petitioners are seeking, inter alia, a direction for giving compensation to the petitioners for damaging their land after conducting a joint verification for the land.

¶3The case of the petitioners is that the respondents have acquired the land of the petitioners without following the due process of law. Accordingly, the instant writ petition has been filed seeking compensation thereof.

¶4Notice of this Court has been drawn to the affidavit-in-opposition filed on behalf of the respondent No.3, i.e., the Deputy Commissioner, Dhemaji, Assam. Paragraph Nos.9 & 10 of the said affidavit-in-opposition is reproduced hereinbelow for ready reference- "That with regard to the statements made in paragraph no.9 of the writ petition the answering deponent respectfully states that no land beyond the right-of-way is acquired by the respondent, as such no question of land compensations arise. However, the implementing agency i.e. the Construction company, namely Shivam Company, while broadening both side of the road, Page No.# 4/4 may have felled down a few bamboos and other standing trees, just adjacent to the right-of-way. But no land is acquired as it is alleged.

¶10That with regard to the statements made in paragraph no.10 of the writ petition the answering deponent respectfully states that as per official record the office of the respondent has acquired government land up to 40 feet only towards either side of the existing road from the middle of the road, which lies under the PWD right-of-way, no land beyond this point is acquired. Therefore, question of implementing the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 does not arise. The fact is that already a road is existing there connecting Dhakuakhana to Dhemaji, the existing road has been widened to 40 feet from middle of the road on the either side."

¶5Reading of the aforesaid averments manifestly indicates that no land of the petitioners has been acquired.

¶6That being so, this writ petition fails.

¶7The writ petition is accordingly dismissed.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010005992023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/225/2023o PRAKASHoDUTTAoANDo6oORS.o S/O-oLATEoPREMADHARoDUTTA,oR/O-oVILL-oBARPAK,oP.O-oMACHKHOWA,o DIST-oDHEMAJI,oASSAM,oPIN-o787058 2:oPRABITRAoDUTTA oS/O-oLATEoPREMADHARoDUTTA oR/O-oVILL-oBARPAK oP.O-oMACHKHOWA oDIST-oDHEMAJI oASSAM oPIN-o787058 3:oKUSHALoSARMA oS/O-oLATEoJIBANoSARMA oR/O-oVILL-oBAARPAK oP.O-oMACHKHOWA oDIST-oDHEMAJI oASSAM oPIN-o787058 4:oBAPUoRAMoPANGING oS/O-oLATEoGADADHARoPANGING oR/O-oVILL-oBARPAK oP.O-oMACHKHOWA oDIST-oDHEMAJI oASSAM oPIN-o787058 5:oGOVERNAoPANGING oS/O-oLATEoANANTARAMoPANGING oR/O-oVILL-oBARPAK oP.O-oMACHKHOWA oDIST-oDHEMAJI oASSAM Page No.# 2/4 PIN- 787058 6: PRAFULLA PANGING S/O- LATE ANANTARAM PANGING R/O- VILL- BARPAK P.O- MACHKHOWA DIST- DHEMAJI ASSAM PIN- 787058 7: PABITRA PANGING S/O- LATE ANANTARAM PANGING R/O- VILL- BARPAK P.O- MACHKHOWA DIST- DHEMAJI ASSAM PIN- 78705 VERSUS STATE OF ASSAM AND 5 ORS. REP. BY ITS SECRETARY TO THE GOVT OF ASSAM, PWD DEPTT, ASSAM SACHIVALAYA, DISPUR, GUWAHATI- 781006 2:SECRETARY TO THE GOVT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPTT ASSAM DISPUR GUWAHATI- 781006 3:DEPUTY COMMISSIONER DHEMAJI DIST AND P.O- DHEMAJI PIN- 787057 4:CIRCLE OFFICER DHEMAJI REVENUE CIRCLE DIST AND P.O- DHEMAJI PIN- 787057 5:CHIEF ENGINEER PWD (ROADS) ASSAM CHANDMARI GHY- 78100 Advocate for the Petitioner : MR. B K DAS Advocate for the Respondent : GA, ASSAM Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI