Manturam Daimary and 9 Ors v. The Union of India and 7 Ors

ORDER Date : 08.05.2024

None represents the petitioners, when the matter is called. Heard Ms. U. Das, learned Additional Senior Government Advocate appears for respondent No.7 and Mr. R. K. Talukdar, learned counsel for the respondent No.2. By filing the present writ petition, the petitioners are seeking direction, inter alia, to release adequate compensation to the petitioners for Construction of National Highway over their land and for direction to the Deputy Commissioner through respondent No.7 to make proper assessment of the land contemplating to be acquired by the respondents by making a detailed enquiry and by providing opportunity of hearing to the petitioners. The respondent No.7 has filed an affidavit-in-opposition on 07.01.2022. Page No.# 4/6 A perusal of the aforesaid affidavit in opposition indicates that the land of the petitioners falls under Gohpur Reserve Forest area, which was acquired for construction of 4-Laning National Highway from Gohpur to Holongi. The said construction of 4-Laning NH project is started after the disbursement of compensation amounts to the affected interested persons in their respective bank accounts as per assessment report prepared jointly by the Circle Officer, Gohpur Revenue Circle, NHIDCL Authority, Forest Department, PWD, Building Department. It further appears that in pursuant to the joint assessment made, estimated cost was submitted the the NHIDCL for sanction. As per the estimate, it appears that the fund is sanctioned by the NHIDCL. It further appears that in pursuant to the aforesaid sanction, the compensation amount was transferred to the competent authority, who thereafter forwarded the same to the respective bank accounts of the interested persons who were affected for the subject acquisition project. It further appears that the estimate of compensation covers all the damages like tree, betel nut, bamboo, standing crops, valuable trees and structures also. It also appears that after the assessment of the compensation amount, the respondent authorities have collected the necessary bank details from the petitioners in prescribe format and all the petitioners have submitted the requisite information showing their no objection to take over their land. It further appears that as per the estimate of compensation all the affected persons were compensated through NEFT. The details of the compensation made to the petitioners in their respective bank accounts are here under: Page No.# 5/6 Sl. Name of petitioner Amount of Compensation Remarks Manturam Daimari Rs. 65720/- Somber Daimary Rs. 121866/- Rs. 32860/- Rs. 2,52,939/- Kharga Br. Chetry Rs. 79713/- Rs. 82,000/- Mahendra Narzary Nil As per assessment report the said petitioner was not recorded in the list because his land did not fall under the RoW of the proposed construction project. Mohan Boro Rs. 45000/- Rs. 44096/- Nani Narzary Rs. 119341/- Rs. 26400/- Tunle Swargiary Rs. 33178/- The said compensation amount was received by the Thaneswar Swargiary, who is spouse of Tunle Swargiary. Rombha Narzary Rs. 91160/- Rs. 2,29,760/- The said compensation amount was received by the Bhanin Narzary, who is spouse of Rombha Narzary. Manomaya Devi Rs. 78228/- Rs. 301300/- Korteng Basumatary Rs. 59320/- Rs. 21624/- The said compensation amount was received by the Budhbari Basumatary, who is spouse of Korteng Basumatary alias Boteng Basumatary.

Page No.# 6/6 In view of the aforesaid it appears that the petitioners have been duly compensated after proper assessment made against the subject acquisition. Be that as it may, since there was no representation on behalf of the petitioners today when the matter is called. This court is of the considered view that this writ petition can be disposed of for non-prosecution.

JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010069442019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2180/2019o MANTURAMoDAIMARYoANDo9oORS.o S/OoLT.oNARAYANoDAIMARY,oVILL.oNO.o2oJAMUGURI,oP.O.-oMILANPUR,oP.S.- GOHPUR,oDIST.-BISWANATH,oPIN-784168 2:oSOMBERoDAIMARY oVILL.oNO.o2oJAMUGURI oP.O.-oMILANPUR oP.S.-GOHPUR oDIST.-BISWANATH oPIN-784168 3:oKHARGAoBAHADURoCHERTY oS/OoKULoBAHADURoCHETRY oVILL.oNO.o2oJAMUGURI oP.O.-oMILANPUR oP.S.-GOHPUR oDIST.-BISWANATH oPIN-784168 4:oMAHENDRAoNARZARY oVILL.oNO.o2oJAMUGURI oP.O.-oMILANPUR oP.S.-GOHPUR oDIST.-BISWANATH oPIN-784168 5:oNOHANoBORO oS/OoNARESWARoBORO oVILL.oNO.o2oJAMUGURI oP.O.-oMILANPUR oP.S.-GOHPUR oDIST.-BISWANATH oPIN-784168 6:oNANIoNARZARY oW/OoLT.oDHOLENoNARZARY oVILL.oNO.o2oJAMUGURI oP.O.-oMILANPUR PageoNo.#o2/6 oP.S.-GOHPUR oDIST.-BISWANATH oPIN-784168 7:oTUNLEoSWARGIARY oW/OoTHANGSWARoSWARGIARY oVILL.oNO.o2oJAMUGURI oP.O.-oMILANPUR oP.S.-GOHPUR oDIST.-BISWANATH oPIN-784168 8:oROMBHAoNARZARY oW/O-oBHANINoNRZARY oVILL.oNO.o2oJAMUGURI oP.O.-oMILANPUR oP.S.-GOHPUR oDIST.-BISWANATH oPIN-784168 9:oMANOMAYAoDEVI oW/OoLT.oJADAYoCHETRI oVILL.oNO.o2oJAMUGURI oP.O.-oMILANPUR oP.S.-GOHPUR oDIST.-BISWANATH oPIN-784168 10:oKORTENGoBASUMATARY oS/OoRAJANoBSUMATARY oVILL.oNO.o2oJAMUGURI oP.O.-oMILANPUR oP.S.-GOHPUR oDIST.-BISWANATH oPIN-78416o VERSUSo THEoUNIONoOFoINDIAoANDo7oORS.o REP.oBYoTHEoSECRETARYoMINISTRYoOFoSURFACEoCOMMUNICATIN,oNEWo DELHI-01 2:NATIONALoHIGHWAYoINFRASTRUCTUREoANDoDEVELOPMENTo CORPORATIONoLTD. oSANKEToVIHAR oSARUMATORIAoSWARAJoNAGARoGHY-5 3:THEoSTATEoOFoASSAM oTHROUGHoTHEoSECY.oTOoTHEoGOVToOFoASSAMoPWD(ROADS)oDISPURo GUWAHATI-6 Page No.# 3/6 4:THE CHIEF EXECUTIVE ENGINEER PWD (ROADS) ASSAM ASSAM 5:THE EXECUTIVE ENGINEER PWD (ROADS) BISWANATH 6:THE FOREST BEAT OFFICER GOHPUR BEAT BISWANATH 7:THE DEPUTY COMMISSIONER BISWANATH/SONITPUR 8:THE CRICLE OFFICER GOHPUR REVENUE CIRCLE GOHPU Advocate for the Petitioner : MR. B K DAS Advocate for the Respondent : ASSTT.S.G.I. BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI