The Deputy Commissioner, Kamrup (M) and Anr v. Khagen Chandra Das and 2 Ors

Order

05.09.2024

¶1Heard Mr. D Nath, learned counsel for the petitioner. Also heard Ms. N Begum, learned counsel for the writ petitioner.

¶2The present application is filed for modification/ altercation of an order dated 20.03.2023 passed in WP(C) 1420/2023. The aforesaid writ petition was filed being aggrieved by a notice dated 03.01.2023 issued by the Deputy Commissioner, Kamrup (M) in exercise of power under Section 3(1) of the Assam Land (Requisition / Acquisition) Act, 1964 by which certain land including the land of the petitioner has been sought to be requisitioned for purpose of construction of the approach road to Jagannath Temple of Patharquary in Village No. 1, Mathgharia.

¶3Considering that the requirement of the land was for permanent approach road and the same cannot be said to be temporary one and that requisition process cannot be initiated for such purpose, this court by order dated 20.03.2023 directed to maintain status quo so far the land of the petitioner is concerned.

¶4It is the case of the Deputy Commissioner cum Collector that the Collector is intending to initiate the process for acquisition of the land inasmuch as it is a permanent construction. However, for the order passed by this court directing the maintenance of status quo, the Collector is not in position to proceed with the land acquisition process.

¶5In view of the aforesaid, this court is of the opinion that the interim order can be modified giving a liberty to the Collector to acquire the land of the petitioner in accordance with law. Accordingly, it is provided that the status quo order dated 20.03.2023 shall not bar the Page No.# 3/3 Collector to initiate the due process of land acquisition for acquiring the land of the petitioner. Accordingly the order dated 20.03.2023 is modified to the aforesaid extent.

¶6With the aforesaid observation, the IA stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010044072023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/1520/2024 THEoDEPUTYoCOMMISSIONER oKAMRUPo(M)oANDoANR GUWAHATI 2:oTHEoCIRCELoOFFICER oDISPURoREVENUEoCIRCLE KAMRUPo(M) oVERSUS KHAGENoCHANDRAoDASoANDo2oORS. S/OoLATEoNARADoCHANDRAoDAS oR/OoHOUSEoNO.o99 oPATHERQUARRY oP.O.-UDAYANoBIHAR oP.S.-NOONMATI oDIST-oKAMRUPo(M) oASSAM 2:THEoSTATEoOFoASSAM REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARY oREVENUEoDEPARTMENT oDISPUR oGUWAHATI oDIST-KAMRUPo(M) oASSAM oPINo781006 o3:THEoEXECUTIVEoENGINEER oPWDo(ROADS) oGUWAHATIoCITYoDIVISIONoNO.oIII GOVToOFoASSAM oBAMUNIMAIDAM oGUWAHATI-21 Page No.# 2/3 ------------ Advocate for : JR. GA ASSAM Advocate for : MR. K M MAHANTA appearing for KHAGEN CHANDRA DAS AND 2 ORS. BEFORE THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY