Sarala Patiri v. The State of Assam and 4 Ors

ORDER Date : 19.08.2024

Heard Mr. G.G. Gogoi, the learned counsel appearing on behalf of the petitioner. Mr. R. Borpujari, the learned counsel appears on behalf of respondent No.1 and Mr. S. Bora, the learned Standing Counsel GMDA appearing on behalf of the respondent No. 3.

¶2This Court vide an order dated 22.07.2024 has put a query to the petitioner in view of the inconsistent stands in his submissions vis-a-vis paragraph No. 16 of the writ petition. Accordingly, an affidavit was directed to be filed. A perusal of the said affidavit shows that the petitioner claims a much higher amount taking into account certain valuations.

¶3Upon hearing the parties and perusal of the materials on record, it is seen that the claim of the petitioner cannot be decided in the present writ proceedings. Such claim can only be decided in a proceedings wherein evidence can be tendered. The loss which the petitioner felt on account of the eviction being carried out and the demolishing of his property as stated would involve deciding into various factual aspects which would require an indepth analysis of the evidence.

¶4Accordingly, this Court is not entertaining the instant writ petition. However, grants the liberty to the petitioner to approach the Court of Competent Civil Jurisdiction wherein the claim as regards compensation can be made.

¶5The dismissal of the instant writ petition on account of non entertaining shall not prejudice the petitioner. It is however observed that the said claim shall be subject to the relevant laws. JUDGE

Page No.# 3/3 Comparing Assistant

PageoNo.#o1/3 GAHC010011692024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/274/2024o SARALAoPATIRIo W/O-oSRIoPHANIDHARoPATIRI,oR/O-oVILL-oHOUSEoNO.o12,oBISHNUoNAGAR,o SANTIRAMoKROoPATHA,o01oNO.oMADGHARIA,oPATHARQUARY,oP.S.o NOONMATI,oDIST.oKAMRUP(M),oGUWAHATI-71,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oDEPARTMENToOFoLANDoANDoREVENUEoANDo DISASTERoMANAGEMENToDEPARTMENT,oDISPUR,oGUWAHATI-781006. 2:THEoDISTRICToCOMMISSIONER oKAMRUP(M) oGUWAHATI oASSAM 3:THEoCHIEFoEXECUTIVEoOFFICER oGUWAHATIoMETROPOLITANoDEVELOPMENToAUTHORITY oBHANGAGHAR oKAMRUP(M) oGUWAHATI oASSAM 4:THEoCIRCLEoOFFICER oDISPURoREVENUEoCIRCLE oKAMRUP(M) oGUWAHATI oASSAM 5:THEoEVICTION-IN-CHARGEoCUMoENGINEER oGMDA oGUWAHATI oASSAo AdvocateoforotheoPetitioner(s)oo:oMr.oG.oG.oGogoi Page No.# 2/3 Advocate for the respondent(s): Mr. S. Bora, Standing Counsel GMDA Mr. R. Borpujari, R-1 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH