Biren Boruah v. The State of Assam and 5 Ors

ORDER Date : 01-05-2024 Heard Mr. R. Phukan, learned counsel for the petitioner as well as Ms. PR Mahanta, learned standing counsel for the Revenue Department appearing for respondent no.1 and Ms. M. Barman, learned Govt. Advocate appearing for the respondent nos.2, 3 and 4.

¶2Aggrieved by the quantum of compensation assessed in respect of land and house of the petitioner under Asom Mala project, the petitioner has submitted representations on the ground that while acquiring his land no Page No.# 3/4 compensation was paid in respect of the shop which was situated therein. Hence, this writ petition has been filed under Article 226 of the Constitution of India.

¶3The learned Govt. Advocate has produced a copy of instructions from the District Commissioner, Lakhimpur vide communication dated 30.04.2024 wherein it is projected that the assessment of the land and structures standing thereon has been assessed and verified in presence of the petitioner by the Junior Engineer, PWD (Building), Lakhimpur and that the value of the residence has been assessed at Rs.3,33,502/- and the valuation of the shop was made at Rs.5,52,591-/ and the valuation of the building was assessed at Rs.15,38,679/-. Pursuant to such valuation the petitioner has entered into an agreement dated

30.03.2022, with the Executive Engineer, PWRD, Lakhimpur who is the requisitioning agency and has agreed to accept a total compensation of Rs.52,64,837.60.

¶4The said instructions are made a part of the record.

¶5In view of the agreement between the requisitioning authority and the petitioner as referred above, this writ petition would not be maintainable and therefore, this writ petition stands closed. However, liberty is granted to the petitioner to take such measures as he may be alternatively permitted in accordance with law.

¶6This order shall not be a bar for the concerned respondent authorities Page No.# 4/4 to release the agreed compensation amount to the petitioner. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010070842024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2063/2024o BIRENoBORUAHo S/OoLATEoDEBESWARoBORUAHo R/OoVILL-oNO.o1oADHAKHONAo P.O.oLIKHOKoCHAPORI,oP.S.oBIHPURIAo DIST.oLAKHIMPUR,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOV.To OFoASSAM,oREVENUEoDEPARTMENT,oDISPUR,oGUWAHATI-781006. 2:THEoDISTRICToCOMMISSIONER-CUM-oCHAIRMAN oDISTRICToLEVELoLANDoPURCHASEoCOMMITTEE oLAKHIMPUR oP.O.oANDoP.S.oNORTHoLAKHIMPUR o DIST.oLAKHIMPUR oASSAM 3:THEoADDITIONALoDISTRICToCOMMISSIONERo(LANDoACQUISITION). oLAKHIMPUR oP.O.oANDoP.S.oNORTHoLAKHIMPUR oDIST.oLAKHIMPUR oASSAM 4:THEoCIRCLEoOFFICER oBIHPURIAoREVENUEoCIRCLE o P.O.oANDoP.S.oBIHPURIAo Page No.# 2/4 DIST. LAKHIMPUR ASSAM 5:THE JUNIOR ENGINEER PUBLIC WORKS DEPARTMENT (BUILDING) DIST.LAKHIMPUR ASSAM 6:THE GAON PRADHAN ADHAKHANA VILLAGE R/O VILL- NO. 1 ADHAKHONA P.O. LIKHOK CHAPORI P.S. BIHPURIA DIST. LAKHIMPUR ASSA Advocate for the Petitioner : MR. R PHUKAN Advocate for the Respondent : SC, REVENUE BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA