Jyoti Prasad Keot v. The State of Assam and 5 Ors

O R D E R

13.03.2024

¶1Heard Ms. P Bora, learned counsel for the petitioner. Also heard Mr. BJ Talukdar, learned Senior counsel assisted by Mr. BK Bhuyan, learned counsel for the respondent Nos. 2 and 3.

¶2Aggrieved by a quantum of compensation assessed by the Collector for acquiring land of the petitioner under the provision of the Assam Land (Requisition and Acquisition) Act, 1964, (hereinafter referred to as Act, 1964) the petitioner had approached the Collector, Sonitpur, Tezpur with a prayer to make a reference under Section 12 of the said Act.

¶3Record reveals that the petitioner has preferred an application before the Collector on 28.03.2023 claiming higher compensation, which was duly received in the office of the Collector.

¶4Section 12(1) of the Act, 1964 casts a duty upon the Collector to refer any party aggrieved by an award made under the Act, 1964.

¶5In the case in hand, if we look into the application filed by the petitioner on

28.03.2023, the same clearly shows that the petitioner is aggrieved by the award passed by the Collector in exercise of its power under the Act, 1964 for acquiring the land belonging to the petitioner.

¶6That being the position, the Collector is under bounded duty to refer the matter to the jurisdictional reference court for determination of the dispute in terms of the Act, 1964.

¶7In the aforesaid backdrop, Mr. BJ Talukdar, learned Senior counsel submits that as the Collector is duty bound to refer the matter to the reference court, the Collector will definitely do the same and he will also instruct his client to do the needful in this regard.

¶8In view of the aforesaid determination and conclusion, it is directed that the Collector, Sonitpur, Tezpur shall treat the application dated 28.03.2023 filed by Page No.# 3/3 the petitioner before it to be an objection to the award passed by the Deputy Collector in LA case No. 1/2022 and refer the matter to the jurisdictional reference court in terms of Section 12 of the Act, 1964. Such exercise shall be carried out within a period of 30 days from receipt of this order by the Collector to be furnished to him by the petitioner.

¶9It is needless to say that the petitioner shall be at liberty to receive the awarded amount under objection and without prejudice to the right that may be decided in the reference court.

¶10Accordingly, writ petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010108882023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2822/2023o JYOTIoPRASADoKEOTo S/O-oLATEoBHOLAoRAMoKEOT,o R/O-oVILLAGEoGATANGAoKADHOL,o P.O-oBALIoPUKHURIoTINIALI,o P.S-oTEZPUR,oDIST-oSONITPUR,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo5oORS.o REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o DEPARTMENToOFoREVENUEoANDoDISASTERoMANAGEMENTo oDISPUR,oGUWAHATI-6. 2:THEoDEPUTYoCOMMISSIONER oCUMoCOLLECTOR oSONITPUR oASSAM 3:THEoCIRCLEoOFFICER oSONITPUR oREVENUEoCIRCLE o DIST-oSONITPUR oASSAo AdvocateoforotheoPetitionerooooo:oMRoSoBORTHAKURo AdvocateoforotheoRespondento:oSC,oREVENUEoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE Page No.# 2/3 THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY