Chandan Deb v. The State of Assam and 5 Ors

ORDER Date : 06.09.2024

Heard Mr. A Roshid learned counsel for the petitioner. The present petition is filed claiming zirat compensation against a Mandir and other properties constructed over a plot of land under Dag No.363, village – Agia Pt. II (Ulupara) revenue village and demolished for construction of national highways. An affidavit has been filed by the CALA, taking a specific stand that an enquiry has been made as regards claim of zirat compensation by the petitioner and it was found that the structure, Mandir belonging to the petitioner was constructed over Dag no.363, Agia Pt. II, Revenue village falling within RoW of 21 meter (required for current work) is recorded in chita copy as N.H. Road i.e., land acquired earlier NH-17 (old NH-37). In the backdrop of aforesaid stand the learned counsel for the petitioner submits that there are some disputed questions of fact and Page No.# 3/3 therefore he may be allowed to withdraw the present writ petition with a liberty to approach the competent court to agitate his grievance as regards claim of zirat compensation for the aforesaid plot of land. In view of the aforesaid, the writ petition stands closed with a liberty to the petitioner as prayed for.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010069582024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1858/2024o CHANDANoDEBo S/O-oBHUPENDRAoDEB,oVILL.-oAGIAoPT.-IIo(ULUPARA),oP.S.oAGIA,oDIST.o GOALPARA,oPIN-o783120. VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oDEPTT.oOFo LANDoREVENUEoETC,oDISPUR,oGUWAHATI-781006. 2:THEoDISTRICToCOMMISSIONER oL.A.oBRANCH oGOALPARAo(CALA) oPIN-o783101. 3:THEoDISTRICToDEVELOPMENToCOMMISSIONERoANDoCALA oGOALPARA oPIN-o783101. 4:THEoCIRCLEoOFFICER oP.O.oBALIJANA oP.S.oAGIA oDIST.oGOALPARA oASSAM oPIN-o783120. 5:THEoUNIONoOFoINDIA oREPRESENTEDoBYoTHEoSECRETARY oGOVT.oOFoINDIA Page No.# 2/3 DEPTT.OF NHAI DELHI-11. 6:THE DEPUTY GENERAL MANAGER (P) NHIDCL PMU BONGAIGAON ASSAM PIN- 783385 Advocate for the Petitioner : MR. A ROSHID, MS. T BEGUM Advocate for the Respondent : GA, ASSAM, SC, NHAI,SC, REVENUE BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY