Dipsikha Mazdur Primary School and Anr v. Union of India and 5 Ors

ORDER Date : 31.07.2024

Heard Mr. S. J. Sarmah, the learned counsel appearing on behalf of the petitioners. Mr. D. J. Das, the learned counsel appearing on behalf of the respondent No. 1; Mr. A Bhattacharjee, the learned counsel appearing on behalf of the respondent Nos. 2 & 3; Mr. R. K. Talukdar, the learned counsel appearing on behalf of the respondent No.4 and Ms. S. Baruah, the learned counsel appearing on behalf of the respondent Nos. 5 & 6.

¶2The petitioner herein is a school provincialised school of the Government of Assam. The Land Advisory Committee had recommended for allotment of 2 Page No.# 3/3 Bighas of land covering Dag No. 118 in favour of the petitioner. Subsequently on account of development of four lane of NH-37, acquisition proceedings were initiated and the land of the petitioners were taken away. In that regard, the petitioners were only paid the Zirat compensation of an amount of Rs. 10,33,766/-. However the petitioners were not paid any compensation for the land. It is under such circumstances, the petitioner has approached this Court by filing the instant writ petition.

¶3From a perusal of the documents on record so filed by the petitioner there is nothing discernible to show that any land has been settled with the petitioner. On the other hand the affidavit which has been filed by the respondent authorities, more particularly the respondent No. 5 categorically shows that the land in question was a Government land. Under such circumstances, the question of the petitioners getting any compensation from the respondent authorities that too being a provincialised school of the Government of Assam, does not arise.

¶4Accordingly, the instant writ petition being devoid of any merit stands dismissed. Be that as it may, this Court however observes if the petitioners are aggrieved with the compensation so paid as regards the Zirat, the petitioners would always be at liberty to approach the Competent Authority in terms with Section 3(G) of the National Highways Act, 1956.

JUDGE

Comparing Assistant

PageoNo.#o1/3 GAHC010061912023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1675/2023o DIPSIKHAoMAZDURoPRIMARYoSCHOOLoANDoANRo REPRESENTEDoBYoITSoHEADMASTERoSRIoPRADIPoSAIKIA. 2:oPRADIPoSAIKIA oS/O-oSRIoNRIPENoSAIKIA oVILL-o3oNO.oHONHONGIA oKHOWANG oP.O.oMORAN oDIBRUGARH oASSAM oPIN-o785675o VERSUSo UNIONoOFoINDIAoANDo5oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoINDIA,o MINISTRYoOFoROADoTRANSPORToANDoHIGHWAY. 2:THEoSTATEoOFoASSAM oREPRESENTEDoCOMMISSIONERoANDoSECRETARYoTOoREVENUEo DEPARTMENT oDISPUR oGUWAHATI-6. 3:ADDITIONALoCHIEFoSECRETARYoANDoCOMMISSIONERoTOoTHEoGOVT.o OFoASSAM oREVENUEoANDoDISASTERoMANAGEMENToDEPARTMENT oDISPUR oGUWAHATI-6. 4:THEoGENERALoMANAGERo(P) oNATIONALoHIGHWAYSoINFRASTRUCTUREoDEVELOPMENTo CORPORATIONoLTD. Page No.# 2/3 (NHIDCL) 4TH FLOOR BRANCH OFFICE- JORHAT HOTEL JIRONI BYE PASS WEST NH-37 JORHAT PIN- 785006 ASSAM 5:ADDITIONAL DEPUTY COMMISSIONER (R)/ COMPETENT AUTHORITY LAND ACQUISITION DIBRUGARH ASSAM 6:THE CIRCLE OFFICER MORAN REVENUE CIRCLE DIBRUGAR Advocate for the petitioner(s) : Mr. S.J. Sarmah Advocate for the respondent(s): Ms. S. Baruah Mr. D. J. Das Mr. A. Bhattacharjee Mr. R. K. Talukdar BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH