Pinku Moni Deka v. Union of India and 6 Ors

ORDER

22.02.2023 Heard Shri R. Dubey, learned counsel for the petitioner. Also heard Ms. M. Konyak, learned counsel appearing on behalf of Shri SS Roy, learned CGC for the respondent no. 1 whereby Shri S. Mitra, learned counsel, GAIL Ltd. for the respondent nos. 2 & 3 and the respondent nos. 4 to 7 are represented by Ms. S. Sarma, learned State Counsel.

¶2Considering the subject matter of this writ petition and as agreed to by the parties, the same is taken up for disposal at the motion stage. Page No.# 3/4

¶3The petitioner claims to be the owner in possession of a plot of land measuring 1 Bigha 3 Katha, covered by Dag No. 265 of NK Patta No. 4 of revenue village Radhakuchi under Mouza Karara, Kamalpur Revenue Circle in the district of Kamrup, Assam. The aforesaid plot of land is claimed to have been purchased vide a registered sale deed dated 29.10.2019. The petitioner further projects that after purchase of the land, the same was developed and in which huge investment was made.

¶4On 23.11.2020 certain personnel of GAIL Ltd. had visited the residence of the petitioner and also made certain measurements. The petitioner came to know that the same was done in contemplation of an acquisition proceeding in which the Barauni Guwahati Pipeline would pass. On 27.11.2020, the petitioner was called to the Office of the Revenue Circle on which date, the GAIL Authorities were also directed to furnish notice. In the aforesaid process, there was certain developments which had ultimately led to issuance of a notice dated 20.04.2021 whereby the Revenue Circle had directed the petitioner to be present for discussion regarding the field verification.

¶5It is the case of the petitioner that though they had visited the Office of the Circle Officer, no personnel from the GAIL Authorities was seen to be present for which the petitioner had apprehended that the assessment was not being done by a proper field verification.

¶6Shri Dubey, learned counsel for the petitioner however submits that if the assessment is done in the manner as prescribed by law, he would not have any objection but without prejudice his rights to avail the recourse of law in case he is not satisfied of adequacy / sufficiency of the compensation.

¶7Shri Mitra, learned counsel for the GAIL Ltd. has submitted that apprehension of the petitioner is without any basis as the assessment would be made in a fair manner by taking all the relevant factors into consideration.

¶8Ms. S. Sarma, learned State Counsel representing the State respondents including the Circle Officer has submitted that the Assessing Authority is obliged by Page No.# 4/4 law to make the assessment fairly by which no prejudice be caused to any of the parties.

¶9In view of the aforesaid facts and circumstances and broad consensus arrived in the bar, the instant writ petition is disposed of by directing the parties namely, the petitioner and the GAIL Authorities to appear before the Circle Office, Kamalpur Revenue Circle on 13.03.2023 at 12:00 Noon. On such appearance, the Circle Officer, Kamalpur Revenue Circle would take charge and conclude the proceeding in a manner as prescribed by law.

¶10It is needless to state that the proceeding is expected to be completed expeditiously and preferably within a period of 2(two) months from the date of appearance before the Circle Officer i.e. 13.03.2023. The parties are expected to render necessary cooperation for coming to a fair compensation.

¶11The writ petition accordingly stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010011392023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/327/2023o PINKUoMONIoDEKAo S/O.oLT.oGAJENDRAoNATHoDEKA,oVILL.oRADHAKUCHI,oP.O.oKORORA,oP.S.o BAIHATAoCHARIALIoDIST.oKAMRUP,oASSAM. VERSUSo UNIONoOFoINDIAoANDo6oORSo REP.oBYoITSoSECRETARYoFORoMINISTRYoOFoPETROLEUMoANDoNATURALo GAS,oNEWoDELHI-110002. 2:GAILo(INDIA)oLTD. oAoGOVT.oOFoINDIAoUNDERTAKING oAoMAHARATNAoCOMPANY oREP.oBYoITSoCHAIRMAN oHAVINGoITSoREGD.oOFFICEoAToGAILoBHAWAN o16oBHIKAIJIoCAMAoPLACE oNEWoDELHI-110066. 3:THEoDEPUTYoGENERALoMANAGERo(CONSTRUCTION) oGAILo(INDIA)oLTD. oBGPLoGUWAHATI o5THoFLOOR oMEGHAoPLAZA oBASISTHAoCHARIALI oGUWAHATI-781029. 4:THEoCOMPETENToAUTHORITYo(ASSAM)oFORoBGPLoPROJECToANDoDY.o SECRETARY oTOoTHEoGOVT.oOFoASSAM oINDUSTRIESoANDoCOMMERCEoDEPT. o5THoFLOOR Page No.# 2/4 MEGHA PLAZA BAISISTHA CHARIALI GUWAHATI-781029. 5:THE DEPUTY COMMISSIONER KAMRUP (R) ASSAM. 6:THE CIRCLE OFFICER KAMALPUR REVENUE CIRCLE DIST. KAMRUP (R) ASSAM. 7:OFFICER IN CHARGE BAIHAT CHARIALI POLICE STATION BAIHATA CHARIALI DIST. KAMRUP (R) ASSAM Advocate for the Petitioner : MR R K MOUR Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI