Brojendra Kumar Gayari @ Brajendra Gayari v. The Union of India and 6 Ors

ORDER

12.05.2023

Heard Mr. R.C. Saikia, learned counsel for the petitioner. Also heard Ms. R. Bora, learned counsel appears for the respondent nos.1 – 2; Mr. P. Nayak, learned counsel appears for the respondent no.3; Mr. S. Barua, learned counsel appears for the respondent nos.4 – 5 and Ms. N. Bordoloi, learned counsel appears for the respondent no.7.

¶2The petitioner's case in this writ petition is that his land was acquired by the authorities under the National Highways Act, 1956. Though zirat Page No.# 3/4 compensation had been paid to the petitioner, land compensation was not paid to the petitioner. Accordingly, the petitioner filed WP(C) No.2147/2016, praying for payment of the remaining compensation amount of Rs.7,51,214.40.

¶3WP(C) No.2147/2016 was disposed off, vide order dated 02.01.2018 as follows : "From the pleadings of the parties to the writ petition it is an admitted position that the present petitioner is entitled for the remaining amount of Rs. 7,51,214/- out of total compensation or Rs.10,64,220/-. Under the said situation this writ petition is disposed of with a direction to the respondents to compensate the petitioner with respect to 24 lechas of land which is admitted as per law within a period of three months from the date of receipt of the certified copy of this order. This writ petition is accordingly disposed of".

¶4As the said amount of Rs.7,51,214/- was not being paid by the respondents despite the order dated 02.01.2018 passed in WP(C) No.2147/2016, the petitioner has filed the present writ petition, praying for payment of the said amount along with interest.

¶5The learned counsel for the respondent no.7 submits that there has been a wrong recording of the amount payable to the petitioner in order dated

02.01.2018 passed in WP(C) No.2147/2016, inasmuch as, only Rs.4,50,180/- was due to the petitioner after he was paid the zirat compensation of Rs.3,13,006/-. The learned counsel for the respondent no.7 submits that accordingly the petitioner is liable to be paid only Rs.4,50,180/-.

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¶6On considering the submission made by the counsel for the respondent no.7, this Court is of the view that said submission cannot be accepted, in view of the fact that the order dated 02.01.2018 passed in WP(C) No.2147/2016 has attained finality, wherein it was admitted that the petitioner was to be paid Rs.7,51,214/-.

¶7This Court has also perused the order dated 02.01.2018 passed in WP(C) No.2147/2016 after calling for the records of WP(C) No.2147/2016. On considering the fact that the prayer of the petitioner for being given the remaining compensation amount of Rs.7,51,214/- has already been directed in the order dated 02.01.2018 passed in WP(C) No.2147/2016, the respondents are directed to pay the remaining balance amount of Rs.7,51,214/- to the petitioner within a period of 3 (three) months from today.

¶8The writ petition is accordingly disposed off.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010030832022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1162/2022o BROJENDRAoKUMARoGAYARIo@oBRAJENDRAoGAYARIo S/O-oSURJYAKANTAoGAYARI,oR/O-oVILL.-oKOHORAoPATHAR,oMOUZA-o BHABANIPUR,oDIST.oBARPETA,oP.O.oSARUPETA,oASSAM. VERSUSo THEoUNIONoOFoINDIAoANDo6oORSo REP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oROADoTRANSPORTo ANDoHIGHWAYSoDEPARTMENT,oMINISTRYoOFoSHIPPING,oROADo TRANSPORToANDoHIGHWAYS,oGOVERNMENToOFoINDIA,oNEWoDELHI- 110001. 2:THEoPROJECToDIRECTOR oNATIONALoHIGHWAYSoAUTHORITYoOFoINDIAo(MINISTRYoOFoROADo TRANSPORToHIGHWAYS)oPROJECToIMPLEMENTATIONoUNITo(P.I.U) oSARUMOTORIA oHOUSEoNO.o1 oDILIPoHUJURIoPATH oDISPUR oGUWAHATI-781006. 3:GOVERNMENToOFoASSAM oREP.oBYoITSoSECRETARY oPUBLICoWORKSoDEPARTMENT oASSAMoSACHIBALAYA oDISPUR oGUWAHATI-781006. 4:THEoDEPUTYoCOMMISSIONER oBARPETA oBARPETA-781301 Page No.# 2/4 ASSAM 5:THE CIRCLE OFFICER SARUPETA REVENUE CIRCLE BARPETA ASSAM PIN- 781318. 6:THE CHIEF ENGINEER PWD (ROADS) NATIONAL HIGHWAY WING CHANDMARI GUWAHATI-781003. 7:THE SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DM (LR) DEPARTMENT ASSAM SACHIBALAYA DISPUR GUWAHATI-781006 Advocate for the Petitioner : MS D CHAUDHURY Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA