Ramji Ray v. The Union of India and 7 Ors

ORDER Date : 03-04-2024

03.04.2024

Heard Mr. SP. Roy, learned counsel for the petitioner. Also heard Ms. K. Phukan, learned CGC for the respondent no.1; Mrs. R. Borah, learned standing counsel for the respondent no.2; Ms. S. Sharma, learned Govt. Advocate appearing for the respondent nos.6, 7 and 8 and Ms. N. Bordoloi, learned standing counsel for the respondent nos.3, 4 and 5.

¶2The petitioner projects himself to be the lessee of the land measuring 26 bighas covered by Dag nos. 67, 20, 22, 63, 42, 62 and 66 of KP Patta nos.110, 94, 95, 48, 39, 99 and 100 of village-Dhantola, Mouza-Chayani, District-Kamrup, wherein the petitioner had established a brick klin factory in the year 2009. By virtue of a notice dated 13.10.2023 under section 3E of the National Highways Act, 1956, the petitioner was directed to submit documents relating to land covered by Dag no.66, Patta no.110 of village Dhantola, Mouza Chayani. On receipt of the said notice, on 20.12.2023, the petitioner had submitted an objection before the Addl. District Commissioner-cum-Land Acquisition Officer for National Highway-37 (respondent no.8) and brought to the notice of the said authority that the petitioner had interest in land holding of 26 bighas covered by various dag and patta which are referred above.

¶3It may be mentioned that one of the grievance of the petitioner is that a part of his land which is covered by Dag no.20 of Patta no.94 is not covered by statutory notification issued under section 3A and 3D of the National Page No.# 5/7 Highways Act. It is submitted that the National Highway construction activity is also going on over the said plot of land which is not covered by the land acquisition notification. Accordingly, the petitioner has also prayed for not taking any coercive action against the petitioner in respect of land covered by Dag no.20 of Patta no.94 as well as other land till objection dated 20.12.2023 is not disposed of.

¶4From a copy of the said objection dated 20.12.2023 annexed to the writ petition at Annexure-10, it is noticed that the said objection was received in the office of the Deputy Commissioner on 20.12.2023. The grievance of the petitioner is that he has not been heard on the objection filed on 20.12.2023.

¶5The learned State and Departmental counsel, in view of the nature of grievance raised in the writ petition, have expressed that they have no objection to the disposal of the writ petition at the motion stage. However, it is submitted by the learned Govt. advocate that in view of the ensuing Election a reasonable time may be granted to the respondent no.8 for disposing of the objection submitted by the petitioner.

¶6The learned standing counsel for the NHAI has submitted that the Union of India has filed an interlocutory application for vacating the order of status-quo which was passed by order dated 12.03.2024 passed in this writ petition. The Court takes note of the said interlocutory application.

¶7Accordingly, this writ petition stands disposed of at the motion stage by directing the Addl. District Commissioner-cum-Land Acquisition Officer for National Highway-37 (respondent no.8) that the said authority shall take appropriate steps as may be required for hearing the parties on objection submitted by the petitioner on 20.12.2023 and to make an endeavour to Page No.# 6/7 dispose of the said objection filed by the petitioner within the outer limit of

31.05.2024. While disposing of the said objection, the said authority shall also consider the grievance of the petitioner that the land under Dag no.20 of Patta no.94 was not acquired.

¶8The National Highway Authority of India (respondent no.2) is also directed to take note of the stand of the petitioner that land under Dag no.20 of Patta no.94 of village Dhantola, Mouza Chayani, District-Kamrup was not acquired. Therefore, the authorities under the NHAI shall exclude the said part of the land of the petitioner from any coercive steps which is envisaged by the NHAI, unless the said land is covered by notification as envisaged under section 3D of the National Highways Act, 1956.

¶9It is clarified that as the learned standing counsel for the NHAI has demonstrated that except for land covered by Dag no.20, all other land of the petitioner is covered by notification issued under section 3D of the National Highways Act, 1956, by operation of law whose lands stands vested in the government and therefore, there shall be no impediment against the NHAI on their National Highway construction. Therefore, except for land covered by Dag no.20 of Patta no.94 of village Dhantola, Mouza Chayani, District-Kamrup in respect of which the order of status-quo passed on 12.03.2024 shall continue till issuance of notification under 3D of the National Highways Act, 1956, the order of status-quo in respect of remaining land covered by Dag nos.67, 22, 63, 42, 62 and 66 of KP Patta nos.110, 95, 48, 39, 99 and 100 of village Dhantola, Mouza Chayani, District-Kamrup shall stand vacated.

¶10The petitioner shall produce a certified copy of this order before the respondent nos. 2 and 8 along with his e-mail address and phone number Page No.# 7/7 having Whatsapp and/or Telegram facility so as to enable the said authorities to send him communication/ letter and/or notice of hearing.

¶11This writ petition stands disposed of at the motion stage without issuance of notice on the respondents.

JUDGE Comparing Assistant

PageoNo.#o1/7 GAHC010064632024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/946/2024o THEoUNIONoOFoINDIAo MINISTRYoOFoROADoTRANSPORToANDoHIGHWAYSoREPoBYoSECRETARYo PARLIAMENToSTREEToNEWoDELHI VERSUSo RAMJIoRAYoANDo7oORSo S/O-LATEoHARIKISHANoRAY,oR/O-oDHANTOLA,oP.O.oJHAROBORI,o BIJAYNAGAR,oMOUZA-oCHAYANI,oDIST.oKAMRUP,oASSAM-781122. 2:THEoNATIONALoHIGHWAYoAUTHORITY oREPRESENTEDoBYoITSoCHAIRMANoHAVINGoITSoOFFICEoANDoPRINCIPALo PLACEoOFoBUSINESSoAToTRANSPORToBHAWAN oPARLIAMENToSTREET oNEWoDELHI-110001. 3:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoADDITIONALoCHIEFoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM oREVENUEoANDoDISASTERoMANAGEMENToDEPARTMENT oASSAMoSECRETARIAT oDISPUR oGUWAHATI-781006. 4:THEoCOMMISSIONER oREVENUEoANDoDISASTERoMANAGEMENToDEPARTMENT oGOVT.oOFoASSAM oASSAMoSECRETARIAT oDISPUR oGHY-781006. Page No.# 2/7 5:THE SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT ASSAM SECRETARIAT DISPUR GHY-781006. 6:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM LAND ACQUISITION BRANCH REVENUE AND DISASTER MANAGEMENT LR DEPARTMENT ASSAM SECRETARIAT DISPUR GHY-781006. 7:THE DISTRICT COMMISSIONER/COLLECTOR KAMRUP AMINGAON. 8:THE ADDL. DISTRICT COMMISSIONER CUM LAND ACQUISITION OFFICER FOR NATIONAL HIGHWAY-37 KAMRUP AMINGAON Advocate for the Petitioner : DEEPAM BORAH Advocate for the Respondent : DY.S.G.I. Linked Case : WP(C)/1058/2024 RAMJI RAY S/O-LATE HARIKISHAN RAY R/O- DHANTOLA P.O. JHAROBORI BIJAYNAGAR MOUZA- CHAYANI DIST. KAMRUP ASSAM-781122. VERSUS THE UNION OF INDIA AND 7 ORS MINISTRY OF ROAD TRANSPORT AND HIGHWAYS REPRESENTED BY ITS Page No.# 3/7 SECRETARY HAVING ITS PRINCIPAL OFFICE AT TRANSPORT BHAWAN PARLIAMENT STREET NEW DELHI-110001. 2:THE NATIONAL HIGHWAY AUTHORITY REPRESENTED BY ITS CHAIRMAN HAVING ITS OFFICE AND PRINCIPAL PLACE OF BUSINESS AT TRANSPORT BHAWAN PARLIAMENT STREET NEW DELHI-110001. 3:THE STATE OF ASSAM REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT ASSAM SECRETARIAT DISPUR GUWAHATI-781006. 4:THE COMMISSIONER REVENUE AND DISASTER MANAGEMENT DEPARTMENT GOVT. OF ASSAM ASSAM SECRETARIAT DISPUR GHY-781006. 5:THE SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT ASSAM SECRETARIAT DISPUR GHY-781006. 6:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM LAND ACQUISITION BRANCH REVENUE AND DISASTER MANAGEMENT LR DEPARTMENT ASSAM SECRETARIAT DISPUR GHY-781006. 7:THE DISTRICT COMMISSIONER/COLLECTOR KAMRUP AMINGAON. 8:THE ADDL. DISTRICT COMMISSIONER CUM LAND ACQUISITION OFFICER FOR NATIONAL HIGHWAY-37 KAMRUP AMINGAON. ------------ Advocate for : MR. S P ROY Advocate for : GA ASSAM appearing for THE UNION OF INDIA AND 7 ORS Page No.# 4/7 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA